81_FR_81457 81 FR 81235 - Qualification of Drivers; Exemption Applications; Diabetes

81 FR 81235 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 222 (November 17, 2016)

Page Range81235-81236
FR Document2016-27646

FMCSA announces its decision to renew exemptions of 36 individuals from its prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals with ITDM to continue to operate CMVs in interstate commerce.

Federal Register, Volume 81 Issue 222 (Thursday, November 17, 2016) 
[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Pages 81235-81236]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27646]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2009-0294; FMCSA-2011-0326; FMCSA-2011-0327; FMCSA-
2011-0367; FMCSA-2013-0192]


Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to renew exemptions of 36 
individuals from its prohibition in the Federal Motor Carrier Safety 
Regulations (FMCSRs) against persons with insulin-treated diabetes 
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in 
interstate commerce. The exemptions enable these individuals with ITDM 
to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions were effective on the dates 
stated in the discussions below and will expire on the dates stated in 
the discussions below.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, 202-366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m., 
e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

II. Background

    On January 11, 2016, FMCSA published a notice announcing its 
decision to renew exemptions for 36 individuals from the insulin-
treated diabetes mellitus prohibition in 49 CFR 391.41(b)(3) to operate 
a CMV in interstate commerce and requested comments from the public (80 
FR 74196). The public comment period ended on February 10, 2016 and no 
comments were received.
    As stated in the previous notice, FMCSA has evaluated the 
eligibility of these applicants and determined that renewing these 
exemptions would

[[Page 81236]]

achieve a level of safety equivalent to or greater than the level that 
would be achieved by complying with the current regulation 49 CFR 
391.41(b)(3).
    The physical qualification standard for drivers regarding diabetes 
found in 49 CFR 391.41(b)(3) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of diabetes mellitus currently requiring 
insulin for control.

III. Discussion of Comments

    FMCSA received no comments in this preceding.

IV. Conclusion

    Based upon its evaluation of the 36 renewal exemption applications 
and that no comments were received, FMCSA confirms its decision to 
exempt the following drivers from the rule prohibiting drivers with 
ITDM from driving CMVs in interstate commerce in 49 CFR 391.64(3):
    As of February 6, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 6 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (76 FR 79756; 77 FR 
5873; 81 FR 1281):

Howard A. Betz (OH)
Kevin J. Coppens (ME)
Frank H. Ford, Jr. (PA)
Daniel R. Harris (TX)
Joseph L. Owings (AL)
Jerry H. Small (NC)

    The drivers were included in Docket No. FMCSA-2011-0326. Their 
exemptions are effective as of February 6, 2016, and will expire on 
February 6, 2018.
    As of February 10, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 6 individuals, have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (76 FR 78720; 77 FR 
7232; 81 FR 1281):

Steve R. Fortunat (NJ)
Kenneth J. Hill (OH)
Cecil T. Keith (GA)
Frank E. Ray (KS)
Stanley L. Rybarcyzk (IL)
Gene A. Willias (WV)

    The drivers were included in Docket No. FMCSA-2011-0327. Their 
exemptions are effective as of February 10, 2016, and will expire on 
February 10, 2018.
    As of February 12, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following individual, Guy B. Mayes (WA) has satisfied 
the renewal conditions for obtaining an exemption from the rule 
prohibiting drivers with ITDM from driving CMVs in interstate commerce 
(78 FR 78479; 79 FR 13086; 81 FR 1281).
    The driver was included in Docket No. FMCSA-2013-0192. The 
exemption is effective as of February 12, 2016, and will expire on 
February 12, 2018.
    As of February 22, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 11 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (77 FR 533; 77 FR 
10607; 81 FR 1281):

Garry L. Camden (IN)
Loren A. Cox (NY)
Darryl F. Gilbertson (WI)
Alfred Gutierrez II (OK)
Matthew D. Hulse (KS)
Neil E. Karvonen (WA)
Damon A. Kruger (CO)
Earl T. Morton, Jr. (VA)
Richard A. Norstebon (ND)
Donald J. Olbinski (IL)
Kevin E. Risley (IN)

    The drivers were included in Docket No. FMCSA-2011-0367. Their 
exemptions are effective as of February 22, 2016, and will expire on 
February 22, 2018.
    As of February 24, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 11 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (78 FR 68092; 79 FR 
8182; 81 FR 1281):

Daniel C. Druffel (WA)
Gregory J. Godley (WA)
Troy A. Gortmaker (SD)
Charles M. Griswold (MA)
Justin R. Henneinke (CA)
William R. Huntley (MI)
Joseph I. Kulp (PA)
Kevin R. Mooney (WA)
Daniel D. Neale (CA)
Richard L. Sulzberger (IL)
Dirk Vanstralen (CA)

    The drivers were included in Docket No. FMCSA-2009-0294. Their 
exemptions are effective as of February 24, 2016, and will expire on 
February 24, 2018.
    As of February 27, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following individual, Charles R. Clayton (NJ) has 
satisfied the renewal conditions for obtaining an exemption from the 
rule prohibiting drivers with ITDM from driving CMVs in interstate 
commerce (78 FR 78479; 79 FR 13086; 81 FR 1281).
    The driver was included in Docket No. FMCSA-2013-0192. The 
exemption is effective as of February 27, 2016, and will expire on 
February 27, 2018.
    In accordance with 49 U.S.C. 31315, each exemption will be valid 
for two years from the effective date unless revoked earlier by FMCSA. 
The exemption will be revoked if the following occurs: (1) The person 
fails to comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
prior to being granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136 and 
31315.

    Issued on: November 8, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-27646 Filed 11-16-16; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices 81235 supportive of Mr. Moody receiving an address, an email address, or a phone (ITDM) from operating commercial exemption. number in the body of your document motor vehicles (CMVs) in interstate so that FMCSA can contact you if there commerce. The exemptions enable these Tye Moore are questions regarding your individuals with ITDM to continue to Mr. Moore is a 50 year-old driver in submission. operate CMVs in interstate commerce. Indiana. He has a history of a seizure To submit your comment online, go to DATES: Each group of renewed disorder and his last seizure was in http://www.regulations.gov and in the exemptions were effective on the dates 1984. He takes anti-seizure medication search box insert the docket number stated in the discussions below and will with the dosage and frequency ‘‘FMCSA–2016–0008’’ and click the expire on the dates stated in the remaining the same since that time. His search button. When the new screen discussions below. physician states that he is supportive of appears, click on the blue ‘‘Comment FOR FURTHER INFORMATION CONTACT: Ms. Mr. Moore receiving an exemption. Now!’’ button on the right hand side of Christine A. Hydock, Chief, Medical the page. On the new page, enter Programs Division, 202–366–4001, Jack D. Porcellini information required including the fmcsamedical@dot.gov, FMCSA, Mr. Porcellini is a 26 year-old driver specific section of this document to in Pennsylvania. He has a history of a Department of Transportation, 1200 which each comment applies, and New Jersey Avenue SE., Room W64– seizure disorder and his last seizure was provide a reason for each suggestion or in 2003. He discontinued anti-seizure 224, Washington, DC 20590–0001. recommendation. If you submit your Office hours are from 8 a.m. to 5:30 medication in 2008. His physician states comments by mail or hand delivery, that he is supportive of Mr. Porcellini p.m., e.t., Monday through Friday, submit them in an unbound format, no except Federal holidays. If you have receiving an exemption. larger than 81⁄2 by 11 inches, suitable for questions regarding viewing or Jeffrey C. Rathman copying and electronic filing. If you submitting material to the docket, submit comments by mail and would contact Docket Services, telephone (202) Mr. Rathman is a 47 year-old driver in like to know that they reached the Colorado. He has a history of a seizure 366–9826. facility, please enclose a stamped, self- disorder and his last seizure was in SUPPLEMENTARY INFORMATION: addressed postcard or envelope. 1999. He takes anti-seizure medication We will consider all comments and I. Electronic Access with the dosage and frequency materials received during the comment remaining the same since that time. His You may see all the comments online period. FMCSA may issue a final physician states that he is supportive of through the Federal Document determination any time after the close of Mr. Rathman receiving an exemption. Management System (FDMS) at: http:// the comment period. www.regulations.gov. Douglas Joseph Simms Jr. V. Viewing Comments and Documents Docket: For access to the docket to Mr. Simms is a 48 year-old class B To view comments, as well as any read background documents or CDL holder in North Carolina. He has a documents mentioned in this preamble, comments, go to http:// history of a single seizure in 1990. He go to http://www.regulations.gov and in www.regulations.gov and/or Room takes anti-seizure medication with the the search box insert the docket number W12–140 on the ground level of the dosage and frequency remaining the FMCSA–2016–0008 and click ‘‘Search.’’ West Building, 1200 New Jersey Avenue same since that time. His physician Next, click ‘‘Open Docket Folder’’ and SE., Washington, DC, between 9 a.m. states that he is supportive of Mr. you will find all documents and and 5 p.m., Monday through Friday, Simms receiving an exemption. comments related to this notice. except Federal holidays. Privacy Act: In accordance with 5 Tara Van Horne Issued on: November 8, 2016. U.S.C. 553(c), DOT solicits comments Ms. Van Horne is a 38 year-old driver Larry W. Minor, from the public to better inform its in Pennsylvania. She has a history of a Associate Administrator for Policy. rulemaking process. DOT posts these seizure disorder and her last seizure was [FR Doc. 2016–27651 Filed 11–16–16; 8:45 am] comments, without edit, including any in 1998. She takes anti-seizure BILLING CODE 4910–EX–P personal information the commenter medication with the dosage and provides, to http://www.regulations.gov, frequency remaining the same since that as described in the system of records time. Her physician states that he is DEPARTMENT OF TRANSPORTATION notice (DOT/ALL–14 FDMS), which can supportive of Ms. Van Horne receiving be reviewed at http://www.dot.gov/ Federal Motor Carrier Safety privacy. an exemption. Administration III. Request for Comments II. Background [Docket No. FMCSA–2009–0294; FMCSA– In accordance with 49 U.S.C. 31136(e) 2011–0326; FMCSA–2011–0327; FMCSA– On January 11, 2016, FMCSA and 31315, FMCSA requests public 2011–0367; FMCSA–2013–0192] published a notice announcing its comment from all interested persons on decision to renew exemptions for 36 the exemption petitions described in Qualification of Drivers; Exemption individuals from the insulin-treated this notice. We will consider all Applications; Diabetes diabetes mellitus prohibition in 49 CFR comments received before the close of AGENCY: Federal Motor Carrier Safety 391.41(b)(3) to operate a CMV in interstate commerce and requested asabaliauskas on DSK3SPTVN1PROD with NOTICES business on the closing date indicated Administration (FMCSA), DOT. in the dates section of the notice. ACTION: Notice of final disposition. comments from the public (80 FR 74196). The public comment period IV. Submitting Comments SUMMARY: FMCSA announces its ended on February 10, 2016 and no You may submit your comments and decision to renew exemptions of 36 comments were received. material online or by fax, mail, or hand individuals from its prohibition in the As stated in the previous notice, delivery, but please use only one of Federal Motor Carrier Safety FMCSA has evaluated the eligibility of these means. FMCSA recommends that Regulations (FMCSRs) against persons these applicants and determined that you include your name and a mailing with insulin-treated diabetes mellitus renewing these exemptions would VerDate Sep<11>2014 21:24 Nov 16, 2016 Jkt 241001 PO 00000 Frm 00183 Fmt 4703 Sfmt 4703 E:\FR\FM\17NON1.SGM 17NON1

81236 Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices achieve a level of safety equivalent to or conditions for obtaining an exemption is effective as of February 27, 2016, and greater than the level that would be from the rule prohibiting drivers with will expire on February 27, 2018. achieved by complying with the current ITDM from driving CMVs in interstate In accordance with 49 U.S.C. 31315, regulation 49 CFR 391.41(b)(3). commerce (78 FR 78479; 79 FR 13086; each exemption will be valid for two The physical qualification standard 81 FR 1281). years from the effective date unless for drivers regarding diabetes found in The driver was included in Docket revoked earlier by FMCSA. The 49 CFR 391.41(b)(3) states that a person No. FMCSA–2013–0192. The exemption exemption will be revoked if the is physically qualified to drive a CMV is effective as of February 12, 2016, and following occurs: (1) The person fails to if that person has no established will expire on February 12, 2018. comply with the terms and conditions medical history or clinical diagnosis of As of February 22, 2016, and in of the exemption; (2) the exemption has diabetes mellitus currently requiring accordance with 49 U.S.C. 31136(e) and resulted in a lower level of safety than insulin for control. 31315, the following 11 individuals was maintained prior to being granted; have satisfied the renewal conditions for or (3) continuation of the exemption III. Discussion of Comments obtaining an exemption from the rule would not be consistent with the goals FMCSA received no comments in this prohibiting drivers with ITDM from and objectives of 49 U.S.C. 31136 and preceding. driving CMVs in interstate commerce 31315. IV. Conclusion (77 FR 533; 77 FR 10607; 81 FR 1281): Issued on: November 8, 2016. Garry L. Camden (IN) Larry W. Minor, Based upon its evaluation of the 36 Loren A. Cox (NY) renewal exemption applications and Associate Administrator for Policy. Darryl F. Gilbertson (WI) that no comments were received, [FR Doc. 2016–27646 Filed 11–16–16; 8:45 am] Alfred Gutierrez II (OK) FMCSA confirms its decision to exempt Matthew D. Hulse (KS) BILLING CODE 4910–EX–P the following drivers from the rule Neil E. Karvonen (WA) prohibiting drivers with ITDM from Damon A. Kruger (CO) driving CMVs in interstate commerce in DEPARTMENT OF TRANSPORTATION Earl T. Morton, Jr. (VA) 49 CFR 391.64(3): Richard A. Norstebon (ND) As of February 6, 2016, and in Federal Motor Carrier Safety Donald J. Olbinski (IL) Administration accordance with 49 U.S.C. 31136(e) and Kevin E. Risley (IN) 31315, the following 6 individuals have The drivers were included in Docket [Docket No. FMCSA–2016–0211] satisfied the renewal conditions for No. FMCSA–2011–0367. Their obtaining an exemption from the rule Qualification of Drivers; Exemption exemptions are effective as of February Applications; Vision prohibiting drivers with ITDM from 22, 2016, and will expire on February driving CMVs in interstate commerce 22, 2018. AGENCY: Federal Motor Carrier Safety (76 FR 79756; 77 FR 5873; 81 FR 1281): As of February 24, 2016, and in Administration (FMCSA), DOT. Howard A. Betz (OH) accordance with 49 U.S.C. 31136(e) and ACTION: Notice of denials. Kevin J. Coppens (ME) 31315, the following 11 individuals Frank H. Ford, Jr. (PA) have satisfied the renewal conditions for SUMMARY: FMCSA announces its denial Daniel R. Harris (TX) obtaining an exemption from the rule of 84 applications from individuals who Joseph L. Owings (AL) prohibiting drivers with ITDM from requested an exemption from the Jerry H. Small (NC) driving CMVs in interstate commerce Federal vision standard applicable to The drivers were included in Docket (78 FR 68092; 79 FR 8182; 81 FR 1281): interstate truck and bus drivers and the No. FMCSA–2011–0326. Their Daniel C. Druffel (WA) reasons for the denials. FMCSA has exemptions are effective as of February Gregory J. Godley (WA) statutory authority to exempt 6, 2016, and will expire on February 6, Troy A. Gortmaker (SD) individuals from the vision requirement 2018. Charles M. Griswold (MA) if the exemptions granted will not As of February 10, 2016, and in Justin R. Henneinke (CA) compromise safety. The Agency has accordance with 49 U.S.C. 31136(e) and William R. Huntley (MI) concluded that granting these 31315, the following 6 individuals, have Joseph I. Kulp (PA) exemptions does not provide a level of satisfied the renewal conditions for Kevin R. Mooney (WA) safety that will be equivalent to, or obtaining an exemption from the rule Daniel D. Neale (CA) greater than, the level of safety prohibiting drivers with ITDM from Richard L. Sulzberger (IL) maintained without the exemptions for driving CMVs in interstate commerce Dirk Vanstralen (CA) these commercial motor vehicle (CMV) (76 FR 78720; 77 FR 7232; 81 FR 1281): The drivers were included in Docket drivers. Steve R. Fortunat (NJ) No. FMCSA–2009–0294. Their FOR FURTHER INFORMATION CONTACT: Ms. Kenneth J. Hill (OH) exemptions are effective as of February Christine A. Hydock, Chief, Medical Cecil T. Keith (GA) 24, 2016, and will expire on February Programs Division, (202) 366–4001, Frank E. Ray (KS) 24, 2018. fmcsamedical@dot.gov, FMCSA, Stanley L. Rybarcyzk (IL) As of February 27, 2015, and in Department of Transportation, 1200 Gene A. Willias (WV) accordance with 49 U.S.C. 31136(e) and New Jersey Avenue SE., Room W64– The drivers were included in Docket 31315, the following individual, Charles 113, Washington, DC 20590–0001. asabaliauskas on DSK3SPTVN1PROD with NOTICES No. FMCSA–2011–0327. Their R. Clayton (NJ) has satisfied the renewal Office hours are 8:30 a.m. to 5 p.m., e.t., exemptions are effective as of February conditions for obtaining an exemption Monday through Friday, except Federal 10, 2016, and will expire on February from the rule prohibiting drivers with holidays. 10, 2018. ITDM from driving CMVs in interstate SUPPLEMENTARY INFORMATION: As of February 12, 2015, and in commerce (78 FR 78479; 79 FR 13086; accordance with 49 U.S.C. 31136(e) and 81 FR 1281). Background 31315, the following individual, Guy B. The driver was included in Docket Under 49 U.S.C. 31136(e) and 31315, Mayes (WA) has satisfied the renewal No. FMCSA–2013–0192. The exemption FMCSA may grant an exemption from VerDate Sep<11>2014 21:24 Nov 16, 2016 Jkt 241001 PO 00000 Frm 00184 Fmt 4703 Sfmt 4703 E:\FR\FM\17NON1.SGM 17NON1


Document Created: 2016-11-17 03:00:22
Document Modified: 2016-11-17 03:00:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition.
DatesEach group of renewed exemptions were effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below.
ContactMs. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation81 FR 81235 
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