81_FR_84901 81 FR 84675 - Qualification of Drivers; Exemption Applications; Diabetes

81 FR 84675 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 226 (November 23, 2016)

Page Range84675-84677
FR Document2016-28216

FMCSA announces its decision to renew exemptions of 133 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 226 (Wednesday, November 23, 2016)
[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Notices]
[Pages 84675-84677]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28216]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-FMCSA-2007-29035; FMCSA-2008-0293; FMCSA-2009-0242; 
FMCSA-2011-0277; FMCSA-2011-0278; FMCSA-2013-0184; FMCSA-2013-0187; 
FMCSA-2013-0190]


Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to renew exemptions of 133 
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

[[Page 84676]]

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 November 27, 2015, FMCSA published a notice announcing its 
decision to renew exemptions for 133 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 December 28, 2015 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 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 133 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 December 1, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 10 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (74 FR 48338; 74 FR 
62883; 80 FR 74196):

Charles E. Boyd (NE)
Warren B. Copple, Jr. (MI)
Hernan Hernandez (CT)
Jeffrey E. Kiehl (MI)
Jesus G. Maesse (TX)
Jackson R. Olive (NY)
Thomas N. Pico (PA)
Paul Ramirez (OK)
Jon C. Thomas (MT)
Dennis M. Thyfault (UT)

    The drivers were included in Docket No. FMCSA-2009-0242. Their 
exemptions are effective as of December 1, 2015, and will expire on 
December 1, 2017.
    As of December 10, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 7 individuals, have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (73 FR 63042; 73 FR 
75163; 80 FR 74196):

Herschel J. Crawford (AK)
James E. Gaines (NJ)
Allan D. Gralapp (IA)
Scott L. Halm (OH)
Jason P. Smith (GA)
Dean A. Sullivan (KY)
Lawrence W. Thomas (AR)

    The drivers were included in Docket No. FMCSA-2008-0293. Their 
exemptions are effective as of December 10, 2015, and will expire on 
December 10, 2017.
    As of December 17, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 60 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 63298; 78 FR 
76397; 80 FR 74196):

James L. Barnes (GA)
Toni Benfield (SC)
Peter J. Benz (FL)
Robert J. Berger, III (PA)
Daniel A. Bryan (PA)
Travis D. Clarkston (IN)
Romero Coleman (WI)
Michael L. Collins (WA)
Thomas S. Crawford (NY)
Stephen A. Cronin (FL)
Steven M. Dent (IA)
John S. Duvall (PA)
Robert S. Engel (IN)
Steven M. Ference (CT)
David W. Foster (TN)
Francis M. Garlach III (PA)
Allen D. Goddard (MO)
Brian L. Gregory (IL)
Alfonso Grijalva (CA)
Jason E. Jacobus (KY)
Bobby H. Johnson (GA)
Isadore Johnson Jr. (NY)
Jerry D. Joseph (OH)
Neal S. Kassebaum (TN)
Ervin A. Klocko, Jr.
Kevin E. Kneff (MO)
Margaret Lopez (NY)
John D. May (KS)
Kenneth B. Maynard, Jr. (NH)
Mike C. McDowell (TX)
Charles B. McKay (FL)
Norman C. Mertz (PA)
Travis F. Moon (GA)
Ronald Mooney (ID)
Martin J. Mostyn (OH)
Floyd P. Murray, Jr. (UT)
Steven D. Nowakowski (MD)
Gary D. Peters (NE)
Mark A. Pille (IA)
Stephen Plesz (CT)
Glen E. Pozernick (ID)
Jody R. Prause (MI)
Walter A. Przewrocki, Jr. (PA)
Andrew Quaglia (NY)
Stanley A. Sabin (KY)
Joseph F. Schafer, Jr. (PA)
Francis J. Schultz (PA)
Gary A. Sjokvist (ND)
Gary L. Snelling (AL)
Charles W. Sterling (WA)
Thomas L. Stoudnour (PA)
Matthew S. Thompson (PA)
Robin S. Travis (CO)
Richard A. Treadwell (PA)
James R. Troutman (PA)
William R. Van Gog (WA)
Charles S. Watson (IL)
William E. Wyant III (IA)
Mark A. Yurian (MT)
David M. Zanicky (PA)

    The drivers were included in Docket No. FMCSA-2013-0187. Their 
exemptions are effective as of December 17, 2015, and will expire on 
December 17, 2017.
    As of December 19, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 27 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (72 FR 62514; 72 FR 
71996; 76 FR 64165; 76 FR 78718; 80 FR 74196):

Robin R. Baumgartner (WI)
Joseph K. Beasley (GA)
Toni A. Brown (AR)

[[Page 84677]]

Glenn W. Burke (NY)
David P. Charest (FL)
Charles Demesmin (NJ)
Derek E. Dowling (PA)
Donald E. Dupke, Jr. (IN)
Frederick E. Dyer (MA)
Donald N. Ellis (IN)
Tim E. Holmberg (WI)
Russell D. Jordan (ND)
Warren D. Knabe (NE)
Jackie L. Lane (TX)
Dennis L. Lorenz (IN)
Robert J. Malone (NJ)
Clayton A. Powers (CA)
Dennis R. Scheel (SD)
Michael K. Schulist (MI)
Andrew P. Shirk (MS)
Jerry L. Smit (MN)
Reese L. Sullivan (TX)
Randy J. Voss (IL)
Robert M. Walker (PA)
Robert E. Weiss (MI)
Robert A. Wild (OR)
Randy L. Wyant (OR)

    The drivers were included in Docket No. FMCSA-2007-29035; FMCSA-
2011-0277. Their exemptions are effective as of December 19, 2015 and 
will expire on December 19, 2017.
    As of December 22, 2015, 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 (76 FR 66120; 76 FR 
79759; 80 FR 74196):

Lennie D. Cook (OH)
David R. Cornelius (IL)
Scott A. Edwards (PA)
Ronald J. Ezell (MO)
Marcus M. Gagne (ME)
David P. Govero (MO)
Christopher A. Jones (WY)
Donald R. McClure, Jr. (PA)
Clyde G. Rishel, Jr. (PA)
Kurt Schneider (VT)
Douglas O. Sundby (ND)

    The drivers were included in Docket No. FMCSA-2011-0278. Their 
exemptions are effective as of December 22, 2015, and will expire on 
December 22, 2017.
    As of December 24, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 17 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 64267; 78 FR 
77784; 80 FR 74196):

John D. Clark (NJ)
David S. Monroe (KS)
William I. Harbolt (MT)
Mark G. Kahler (TX)
Larry W. Hines (NM)
Theeir L. Coleman (VA)
Michael W. McCrary (GA)
Jerry D. Zimmerman (ND)
James S. Tracy (ID)
John Baltich (PA)
Donald A. Spivey (TN)
Thomas B. Quirk (CT)
Steven M. Oliver (AZ)
Sean T. McMahon (WI)
David G. Shultz (PA)
Ryan L. Harrier (MI)
John E. Parker (KS)

    The drivers were included in Docket No. FMCSA-2013-0184. Their 
exemptions are effective as of December 24, 2015, and will expire on 
December 24, 2017.
    As of December 31, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following individual, Gary L. Crawford (OH), has 
satisfied the renewal conditions for obtaining an exemption from the 
rule prohibiting drivers with ITDM from driving CMVs in interstate 
commerce (78 FR 65034; 79 FR 3917; 80 FR 74196).
    The driver was included in Docket No. FMCSA-2013-0190. The 
exemption is effective as of December 31, 2015, and will expire on 
December 31, 2017.
    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. 2016-28216 Filed 11-22-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                          Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices                                                 84675

                                                  2017. It was requested that the FAA                     noise-sensitive land uses within the 65                 These determinations are set forth in
                                                  evaluate and approve this material as a                 CNEL noise contour and that would                     detail in a Record of Approval signed by
                                                  noise compatibility program as                          jeopardize the long-term viability of the             the Director, Office of Airports,
                                                  described in section 47504 of the Act.                  airport.); Continue Noise Abatement                   Western-Pacific Region (AWP–600) on
                                                  The FAA began its review of the                         Information Program (For the purpose of               October 24, 2016. The Record of
                                                  program on May 11, 2016, and was                        aviation safety, this approval does not               Approval, as well as other evaluation
                                                  required by a provision of the Act to                   extend to the use of monitoring                       materials and the documents
                                                  approve or disapprove the program                       equipment for enforcement purposes by                 comprising the submittal, are available
                                                  within 180 days (other than the use of                  in-situ measurement of any pre-set noise              for review at the FAA office listed above
                                                  new or modified flight procedures for                   thresholds.); Monitor Implementation of               and at the administrative offices of the
                                                  noise control). Failure to approve or                   Updated Noise Compatibility Program;                  Burbank-Glendale-Pasadena Airport
                                                  disapprove such program within the                      Update Noise Exposure Maps and Noise                  Authority.
                                                  180-day period shall be deemed to be an                 Compatibility Program (In order to                      The Record of Approval also will be
                                                  approval of such program.                               comply with 14 CFR part 150, the                      available on-line at: http://www.faa.gov/
                                                    The submitted program contained 18                    proposed changes should be submitted                  airports/environmental/airport_noise/
                                                  proposed actions for noise abatement,                   to FAA for approval after local                       part_150/states/
                                                  noise mitigation, land use planning and                 consultation and a public hearing has
                                                  program management measures on and                      been conducted.); Maintain Log of                       Issued in Hawthorne, California, on
                                                  off the airport. The FAA completed its                  Nighttime Runway Use and Operations                   November 17, 2016.
                                                  review and determined that the                          by Aircraft Type.                                     Mark A. McClardy,
                                                  procedural and substantive                                 FAA approved in part, disapproved in               Director, Office of Airports, Western-Pacific
                                                  requirements of the Act and Part 150                    part on two (2) specific program                      Region.
                                                  have been satisfied. The overall program                measures. The first approved in part,
                                                                                                                                                                [FR Doc. 2016–28291 Filed 11–22–16; 8:45 am]
                                                  was approved by the FAA, effective                      disapproved in part measure is:
                                                                                                                                                                BILLING CODE 4910–13–P
                                                  October 24, 2016.                                       Continue Existing Acoustical Treatment
                                                    FAA approval was granted for fifteen                  Program for Single Family Homes. The
                                                  (15) specific program measures. The                     portion of this measure that is approved              DEPARTMENT OF TRANSPORTATION
                                                  approved measures included such items                   is limited to single family homes that
                                                  as: Continue Requiring All Transport                    are located within the 65 CNEL noise                  Federal Motor Carrier Safety
                                                  Category and Turbojet Aircraft to                       contour for the forecasted year 2017                  Administration
                                                  Comply with Federal Aircraft Noise                      accepted by the FAA on October 10,
                                                  Regulations; Continue Requiring                         2013. The portion that is disapproved is              [Docket No. FMCSA–FMCSA–2007–29035;
                                                  Compliance with the Airport’s Engine                                                                          FMCSA–2008–0293; FMCSA–2009–0242;
                                                                                                          acoustical treatment of homes that
                                                                                                                                                                FMCSA–2011–0277; FMCSA–2011–0278;
                                                  Test Run-up Policy; Continue Promoting                  previously were within the 65 CNEL                    FMCSA–2013–0184; FMCSA–2013–0187;
                                                  Use of AC 91–53A, Noise Abatement                       contour for the forecast year 2000 NEM                FMCSA–2013–0190]
                                                  Departure Procedures by Air Carrier Jets                submitted in 1988, but that are now
                                                  as voluntary only; Continue Promoting                   outside of the 65 CNEL contours for the               Qualification of Drivers; Exemption
                                                  Use of NBAA Noise Abatement                             NEMs submitted with this Part 150                     Applications; Diabetes
                                                  Procedures, or Equivalent Manufacturer                  update; The second approved in part,
                                                  Procedures, by General Aviation Jet                     disapproved in part measure is: For                   AGENCY: Federal Motor Carrier Safety
                                                  Aircraft as voluntary only; Continue                    Otherwise Qualified Property Owners                   Administration (FMCSA), DOT.
                                                  Working with the FAA Airport Traffic                    Who Have Been Unable to Participate in                ACTION: Notice of final disposition.
                                                  Control Tower to Maintain the Typical                   the Residential Acoustical Treatment
                                                                                                                                                                SUMMARY:    FMCSA announces its
                                                  Traffic Pattern Altitude of 1,800 feet                  Program (RATP) Due to Building Code
                                                                                                                                                                decision to renew exemptions of 133
                                                  MSL as voluntary only; Continue the                     Deficiencies, Offer to Purchase a Noise
                                                  Placement of New Buildings on the                                                                             individuals from its prohibition in the
                                                                                                          Easement as an Option for Owners of
                                                  Airport North of Runway 8–26 to Shield                                                                        Federal Motor Carrier Safety
                                                                                                          Single Family and Multi-Family
                                                  Nearby Neighborhood From Noise on                                                                             Regulations (FMCSRs) against persons
                                                                                                          Properties in the 2017 Acoustical
                                                  Runway; Designate Runway 26 as                                                                                with insulin-treated diabetes mellitus
                                                                                                          Treatment Eligibility Area That Have
                                                  Nighttime Preferential Departure                                                                              (ITDM) from operating commercial
                                                                                                          Not Been Treated. The portion of this
                                                  Runway as voluntary only; Build Engine                                                                        motor vehicles (CMVs) in interstate
                                                                                                          measure that is approved is the Airport
                                                  Maintenance Run-Up Enclosure; Revise                                                                          commerce. The exemptions enable these
                                                                                                          Authority may offer avigation easements
                                                  Residential Acoustical Treatment                        to property owners within the 2017 65                 individuals with ITDM to continue to
                                                  Program to Include Single Family                        CNEL noise contour accepted by the                    operate CMVs in interstate commerce.
                                                  Homes Within 65 Community Noise                         FAA on October 10, 2013. The portions                 DATES: Each group of renewed
                                                  Equivalent Level (CNEL) Contour Based                   that are disapproved are the additional               exemptions were effective on the dates
                                                  on 2017 NEM that were constructed or                    local requirements proposed for                       stated in the discussions below and will
                                                  existed before October 1, 1998; Establish               easement eligibility.                                 expire on the dates stated in the
                                                  Acoustical Treatment Program for                           FAA determined that there is no                    discussions below.
                                                  Multi-Family Dwelling Units Within the                  action required at this time on one (1)               FOR FURTHER INFORMATION CONTACT: Ms.
                                                  2017 Acoustical Treatment Eligibility                   specific program measure. This measure                Christine A. Hydock, Chief, Medical
                                                  Area that were constructed or existed                   is Establish Noise Abatement Departure                Programs Division, 202–366–4001,
mstockstill on DSK3G9T082PROD with NOTICES




                                                  before October 1, 1998; Provision for                   Turn for Jet Takeoffs on Runway 26.                   fmcsamedical@dot.gov, FMCSA,
                                                  Retention or an Easement Preventing                     This measure relates to flight                        Department of Transportation, 1200
                                                  Noise-Sensitive Land Uses of Property                   procedures under Section 104(b).                      New Jersey Avenue, SE., Room W64–
                                                  Located in the Northeast Quadrant of                    Additional review by FAA is necessary                 224, Washington, DC 20590–0001.
                                                  the Airport within the 2017 65 CNEL                     to evaluate the operational safety,                   Office hours are from 8 a.m. to 5:30
                                                  Noise Exposure Contour (This measure                    feasibility, and environmental effects of             p.m., e.t., Monday through Friday,
                                                  would prevent the development of                        this proposal.                                        except Federal holidays. If you have


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                                                  84676                   Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices

                                                  questions regarding viewing or                          FMCSA confirms its decision to exempt                 Stephen A. Cronin (FL)
                                                  submitting material to the docket,                      the following drivers from the rule                   Steven M. Dent (IA)
                                                  contact Docket Services, telephone (202)                prohibiting drivers with ITDM from                    John S. Duvall (PA)
                                                  366–9826.                                               driving CMVs in interstate commerce in                Robert S. Engel (IN)
                                                  SUPPLEMENTARY INFORMATION:                              49 CFR 391.64(3):                                     Steven M. Ference (CT)
                                                                                                             As of December 1, 2015, and in                     David W. Foster (TN)
                                                  I. Electronic Access                                    accordance with 49 U.S.C. 31136(e) and                Francis M. Garlach III (PA)
                                                     You may see all the comments online                  31315, the following 10 individuals                   Allen D. Goddard (MO)
                                                  through the Federal Document                            have satisfied the renewal conditions for             Brian L. Gregory (IL)
                                                  Management System (FDMS) at: http://                    obtaining an exemption from the rule                  Alfonso Grijalva (CA)
                                                  www.regulations.gov.                                    prohibiting drivers with ITDM from                    Jason E. Jacobus (KY)
                                                     Docket: For access to the docket to                  driving CMVs in interstate commerce                   Bobby H. Johnson (GA)
                                                  read background documents or                            (74 FR 48338; 74 FR 62883; 80 FR                      Isadore Johnson Jr. (NY)
                                                  comments, go to http//                                  74196):                                               Jerry D. Joseph (OH)
                                                  www.regulations.gov and/or Room                         Charles E. Boyd (NE)                                  Neal S. Kassebaum (TN)
                                                  W12–140 on the ground level of the                      Warren B. Copple, Jr. (MI)                            Ervin A. Klocko, Jr.
                                                  West Building, 1200 New Jersey Avenue                   Hernan Hernandez (CT)                                 Kevin E. Kneff (MO)
                                                  SE., Washington, DC, between 9 a.m.                     Jeffrey E. Kiehl (MI)                                 Margaret Lopez (NY)
                                                  and 5 p.m., Monday through Friday,                      Jesus G. Maesse (TX)                                  John D. May (KS)
                                                  except Federal holidays.                                Jackson R. Olive (NY)                                 Kenneth B. Maynard, Jr. (NH)
                                                     Privacy Act: In accordance with 5                    Thomas N. Pico (PA)                                   Mike C. McDowell (TX)
                                                  U.S.C. 553(c), DOT solicits comments                    Paul Ramirez (OK)                                     Charles B. McKay (FL)
                                                  from the public to better inform its                    Jon C. Thomas (MT)                                    Norman C. Mertz (PA)
                                                  rulemaking process. DOT posts these                     Dennis M. Thyfault (UT)                               Travis F. Moon (GA)
                                                  comments, without edit, including any                      The drivers were included in Docket                Ronald Mooney (ID)
                                                  personal information the commenter                      No. FMCSA–2009–0242. Their                            Martin J. Mostyn (OH)
                                                  provides, to http://www.regulations.gov,                exemptions are effective as of December               Floyd P. Murray, Jr. (UT)
                                                  as described in the system of records                   1, 2015, and will expire on December 1,               Steven D. Nowakowski (MD)
                                                  notice (DOT/ALL–14 FDMS), which can                     2017.                                                 Gary D. Peters (NE)
                                                  be reviewed at http://www.dot.gov/                         As of December 10, 2015, and in                    Mark A. Pille (IA)
                                                  privacy.                                                accordance with 49 U.S.C. 31136(e) and                Stephen Plesz (CT)
                                                                                                          31315, the following 7 individuals, have              Glen E. Pozernick (ID)
                                                  II. Background
                                                                                                          satisfied the renewal conditions for                  Jody R. Prause (MI)
                                                     On November 27, 2015, FMCSA                          obtaining an exemption from the rule                  Walter A. Przewrocki, Jr. (PA)
                                                  published a notice announcing its                       prohibiting drivers with ITDM from                    Andrew Quaglia (NY)
                                                  decision to renew exemptions for 133                    driving CMVs in interstate commerce                   Stanley A. Sabin (KY)
                                                  individuals from the insulin-treated                    (73 FR 63042; 73 FR 75163; 80 FR                      Joseph F. Schafer, Jr. (PA)
                                                  diabetes mellitus prohibition in 49 CFR                 74196):                                               Francis J. Schultz (PA)
                                                  391.41(b)(3) to operate a CMV in                                                                              Gary A. Sjokvist (ND)
                                                                                                          Herschel J. Crawford (AK)
                                                  interstate commerce and requested                                                                             Gary L. Snelling (AL)
                                                                                                          James E. Gaines (NJ)
                                                  comments from the public (80 FR                                                                               Charles W. Sterling (WA)
                                                                                                          Allan D. Gralapp (IA)
                                                  74196). The public comment period                       Scott L. Halm (OH)                                    Thomas L. Stoudnour (PA)
                                                  ended on December 28, 2015 and no                       Jason P. Smith (GA)                                   Matthew S. Thompson (PA)
                                                  comments were received.                                 Dean A. Sullivan (KY)                                 Robin S. Travis (CO)
                                                     As stated in the previous notice,                    Lawrence W. Thomas (AR)                               Richard A. Treadwell (PA)
                                                  FMCSA has evaluated the eligibility of                                                                        James R. Troutman (PA)
                                                  these applicants and determined that                       The drivers were included in Docket
                                                                                                          No. FMCSA–2008–0293. Their                            William R. Van Gog (WA)
                                                  renewing these exemptions would                                                                               Charles S. Watson (IL)
                                                  achieve a level of safety equivalent to or              exemptions are effective as of December
                                                                                                          10, 2015, and will expire on December                 William E. Wyant III (IA)
                                                  greater than the level that would be                                                                          Mark A. Yurian (MT)
                                                  achieved by complying with the current                  10, 2017.
                                                                                                             As of December 17, 2015, and in                    David M. Zanicky (PA)
                                                  regulation 49 CFR 391.41(b)(3).                                                                                 The drivers were included in Docket
                                                     The physical qualification standard                  accordance with 49 U.S.C. 31136(e) and
                                                                                                          31315, the following 60 individuals                   No. FMCSA–2013–0187. Their
                                                  for drivers regarding diabetes found in
                                                                                                          have satisfied the renewal conditions for             exemptions are effective as of December
                                                  49 CFR 391.41(b)(3) states that a person
                                                                                                          obtaining an exemption from the rule                  17, 2015, and will expire on December
                                                  is physically qualified to drive a CMV
                                                                                                          prohibiting drivers with ITDM from                    17, 2017.
                                                  if that person has no established
                                                                                                          driving CMVs in interstate commerce                     As of December 19, 2015, and in
                                                  medical history or clinical diagnosis of
                                                                                                          (78 FR 63298; 78 FR 76397; 80 FR                      accordance with 49 U.S.C. 31136(e) and
                                                  diabetes mellitus currently requiring
                                                                                                          74196):                                               31315, the following 27 individuals
                                                  insulin for control.
                                                                                                          James L. Barnes (GA)                                  have satisfied the renewal conditions for
                                                  III. Discussion of Comments                                                                                   obtaining an exemption from the rule
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          Toni Benfield (SC)
                                                     FMCSA received no comments in this                   Peter J. Benz (FL)                                    prohibiting drivers with ITDM from
                                                  preceding.                                              Robert J. Berger, III (PA)                            driving CMVs in interstate commerce
                                                                                                          Daniel A. Bryan (PA)                                  (72 FR 62514; 72 FR 71996; 76 FR
                                                  IV. Conclusion                                          Travis D. Clarkston (IN)                              64165; 76 FR 78718; 80 FR 74196):
                                                    Based upon its evaluation of the 133                  Romero Coleman (WI)                                   Robin R. Baumgartner (WI)
                                                  renewal exemption applications and                      Michael L. Collins (WA)                               Joseph K. Beasley (GA)
                                                  that no comments were received,                         Thomas S. Crawford (NY)                               Toni A. Brown (AR)


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                                                                          Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices                                          84677

                                                  Glenn W. Burke (NY)                                     Theeir L. Coleman (VA)                                persons with insulin-treated diabetes
                                                  David P. Charest (FL)                                   Michael W. McCrary (GA)                               mellitus (ITDM) operating commercial
                                                  Charles Demesmin (NJ)                                   Jerry D. Zimmerman (ND)                               motor vehicles (CMVs) in interstate
                                                  Derek E. Dowling (PA)                                   James S. Tracy (ID)                                   commerce. If granted, the exemptions
                                                  Donald E. Dupke, Jr. (IN)                               John Baltich (PA)                                     would enable these individuals with
                                                  Frederick E. Dyer (MA)                                  Donald A. Spivey (TN)                                 ITDM to operate CMVs in interstate
                                                  Donald N. Ellis (IN)                                    Thomas B. Quirk (CT)                                  commerce.
                                                  Tim E. Holmberg (WI)                                    Steven M. Oliver (AZ)
                                                  Russell D. Jordan (ND)                                  Sean T. McMahon (WI)                                  DATES:  Comments must be received on
                                                  Warren D. Knabe (NE)                                    David G. Shultz (PA)                                  or before December 23, 2016.
                                                  Jackie L. Lane (TX)                                     Ryan L. Harrier (MI)                                  ADDRESSES: You may submit comments
                                                  Dennis L. Lorenz (IN)                                   John E. Parker (KS)                                   bearing the Federal Docket Management
                                                  Robert J. Malone (NJ)                                      The drivers were included in Docket                System (FDMS) Docket No. FMCSA–
                                                  Clayton A. Powers (CA)                                  No. FMCSA–2013–0184. Their                            2016–0225 using any of the following
                                                  Dennis R. Scheel (SD)                                   exemptions are effective as of December               methods:
                                                  Michael K. Schulist (MI)                                24, 2015, and will expire on December                   • Federal eRulemaking Portal: Go to
                                                  Andrew P. Shirk (MS)                                    24, 2017.                                             http://www.regulations.gov. Follow the
                                                  Jerry L. Smit (MN)                                         As of December 31, 2015, and in                    on-line instructions for submitting
                                                  Reese L. Sullivan (TX)                                  accordance with 49 U.S.C. 31136(e) and                comments.
                                                  Randy J. Voss (IL)                                                                                              • Mail: Docket Management Facility;
                                                                                                          31315, the following individual, Gary L.
                                                  Robert M. Walker (PA)                                                                                         U.S. Department of Transportation, 1200
                                                                                                          Crawford (OH), has satisfied the renewal
                                                  Robert E. Weiss (MI)                                                                                          New Jersey Avenue SE., West Building
                                                                                                          conditions for obtaining an exemption
                                                  Robert A. Wild (OR)                                                                                           Ground Floor, Room W12–140,
                                                                                                          from the rule prohibiting drivers with
                                                  Randy L. Wyant (OR)                                                                                           Washington, DC 20590–0001.
                                                                                                          ITDM from driving CMVs in interstate
                                                     The drivers were included in Docket                  commerce (78 FR 65034; 79 FR 3917; 80                   • Hand Delivery: West Building
                                                  No. FMCSA–2007–29035; FMCSA–                            FR 74196).                                            Ground Floor, Room W12–140, 1200
                                                  2011–0277. Their exemptions are                            The driver was included in Docket                  New Jersey Avenue SE., Washington,
                                                  effective as of December 19, 2015 and                   No. FMCSA–2013–0190. The exemption                    DC, between 9 a.m. and 5 p.m., e.t.,
                                                  will expire on December 19, 2017.                       is effective as of December 31, 2015, and             Monday through Friday, except Federal
                                                     As of December 22, 2015, and in                      will expire on December 31, 2017.                     Holidays.
                                                  accordance with 49 U.S.C. 31136(e) and                     In accordance with 49 U.S.C. 31315,                  • Fax: 1–202–493–2251.
                                                  31315, the following 11 individuals                     each exemption will be valid for two                     Instructions: Each submission must
                                                  have satisfied the renewal conditions for               years from the effective date unless                  include the Agency name and the
                                                  obtaining an exemption from the rule                    revoked earlier by FMCSA. The                         docket numbers for this notice. Note
                                                  prohibiting drivers with ITDM from                      exemption will be revoked if the                      that all comments received will be
                                                  driving CMVs in interstate commerce                     following occurs: (1) The person fails to             posted without change to http://
                                                  (76 FR 66120; 76 FR 79759; 80 FR                        comply with the terms and conditions                  www.regulations.gov, including any
                                                  74196):                                                 of the exemption; (2) the exemption has               personal information provided. Please
                                                  Lennie D. Cook (OH)                                     resulted in a lower level of safety than              see the Privacy Act heading below for
                                                  David R. Cornelius (IL)                                 was maintained prior to being granted;                further information.
                                                  Scott A. Edwards (PA)                                   or (3) continuation of the exemption                     Docket: For access to the docket to
                                                  Ronald J. Ezell (MO)                                    would not be consistent with the goals                read background documents or
                                                  Marcus M. Gagne (ME)                                    and objectives of 49 U.S.C. 31136 and                 comments, go to http://
                                                  David P. Govero (MO)                                    31315.                                                www.regulations.gov at any time or
                                                  Christopher A. Jones (WY)                                                                                     Room W12–140 on the ground level of
                                                                                                            Issued on: November 8, 2016.
                                                  Donald R. McClure, Jr. (PA)                                                                                   the West Building, 1200 New Jersey
                                                  Clyde G. Rishel, Jr. (PA)                               Larry W. Minor,
                                                                                                                                                                Avenue SE., Washington, DC, between 9
                                                  Kurt Schneider (VT)                                     Associate Administrator for Policy.
                                                                                                                                                                a.m. and 5 p.m., e.t., Monday through
                                                  Douglas O. Sundby (ND)                                  [FR Doc. 2016–28216 Filed 11–22–16; 8:45 am]
                                                                                                                                                                Friday, except Federal holidays. The
                                                     The drivers were included in Docket                  BILLING CODE 4910–EX–P
                                                                                                                                                                Federal Docket Management System
                                                  No. FMCSA–2011–0278. Their                                                                                    (FDMS) is available 24 hours each day,
                                                  exemptions are effective as of December                                                                       365 days each year. If you want
                                                  22, 2015, and will expire on December                   DEPARTMENT OF TRANSPORTATION
                                                                                                                                                                acknowledgment that we received your
                                                  22, 2017.                                               Federal Motor Carrier Safety                          comments, please include a self-
                                                     As of December 24, 2015, and in                      Administration                                        addressed, stamped envelope or
                                                  accordance with 49 U.S.C. 31136(e) and                                                                        postcard or print the acknowledgement
                                                  31315, the following 17 individuals                     [Docket No. FMCSA–2016–0225]                          page that appears after submitting
                                                  have satisfied the renewal conditions for                                                                     comments on-line.
                                                  obtaining an exemption from the rule                    Qualification of Drivers; Exemption
                                                                                                                                                                   Privacy Act: In accordance with 5
                                                  prohibiting drivers with ITDM from                      Applications; Diabetes Mellitus
                                                                                                                                                                U.S.C. 553(c), DOT solicits comments
                                                  driving CMVs in interstate commerce                             Federal Motor Carrier Safety                  from the public to better inform its
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          AGENCY:
                                                  (78 FR 64267; 78 FR 77784; 80 FR                        Administration (FMCSA).                               rulemaking process. DOT posts these
                                                  74196):                                                 ACTION: Notice of applications for                    comments, without edit, including any
                                                  John D. Clark (NJ)                                      exemptions; request for comments.                     personal information the commenter
                                                  David S. Monroe (KS)                                                                                          provides, to www.regulations.gov, as
                                                  William I. Harbolt (MT)                                 SUMMARY:  FMCSA announces receipt of                  described in the system of records
                                                  Mark G. Kahler (TX)                                     applications from 52 individuals for                  notice (DOT/ALL–14 FDMS), which can
                                                  Larry W. Hines (NM)                                     exemption from the prohibition against                be reviewed at www.dot.gov/privacy.


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Document Created: 2016-11-23 05:30:10
Document Modified: 2016-11-23 05:30:10
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 84675 

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