81_FR_85544 81 FR 85317 - Qualification of Drivers; Exemption Applications; Diabetes

81 FR 85317 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 227 (November 25, 2016)

Page Range85317-85319
FR Document2016-28369

FMCSA announces its decision to renew the exemptions of 47 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. FMCSA has statutory authority to exempt individuals from this rule if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers.

Federal Register, Volume 81 Issue 227 (Friday, November 25, 2016)
[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)]
[Notices]
[Pages 85317-85319]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28369]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0382; FMCSA-2011-0383; FMCSA-2013-0194; FMCSA-
2014-0012; FMCSA-2014-0013]


Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew the exemptions of 47 
individuals from its rule prohibiting persons with insulin-treated 
diabetes mellitus (ITDM) from operating commercial motor vehicles 
(CMVs) in interstate commerce. FMCSA has statutory authority to exempt 
individuals from this rule if the exemptions granted will not 
compromise safety. The Agency has concluded that granting these 
exemption renewals will provide a level of safety that is equivalent to 
or greater than the level of safety maintained without the exemptions 
for these CMV drivers.

DATES: Each group of renewed exemptions are effective from the dates 
stated in the discussions below. Comments must be received on or before 
December 27, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. FMCSA-2011-0382; FMCSA-
2011-0383; FMCSA-2013-0194; FMCSA-2014-0012; FMCSA-2014-0013, using any 
of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number for this notice. Note that DOT posts all comments 
received without change to http://www.regulations.gov, including any 
personal information included in a

[[Page 85318]]

comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time 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. The Federal Docket Management System (FDMS) is 
available 24 hours each day, 365 days each year. If you want 
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's Privacy Act Statement for the Federal Docket 
Management System (FDMS) published in the Federal Register on January 
17, 2008 (73 FR 3316).

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 W64-113, 
Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m. 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption 
from the Federal Motor Carrier Safety Regulations 2-year period if it 
finds ``such exemption would likely achieve a level of safety that is 
equivalent to or greater than the level that would be achieved absent 
such exemption.'' The statute also allows the Agency to renew 
exemptions at the end of the 2-year period. The 47 individuals listed 
in this notice have recently become eligible for a renewed exemption 
from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to 
drivers of CMVs in interstate commerce. The drivers remain in good 
standing with the Agency, have maintained their required medical 
monitoring and have not exhibited any medical issues that would 
compromise their ability to safely operate a CMV during the previous 2-
year exemption period.

Exemption Decision

    This notice addresses 47 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. These 47 drivers 
remain in good standing with the Agency, have maintained their required 
medical monitoring and have not exhibited any medical issues that would 
compromise their ability to safely operate a CMV during the previous 2-
year exemption period. Therefore, FMCSA has decided to extend each 
exemption for a renewable two-year period. Each individual is 
identified according to the renewal date.
    The exemptions are renewed subject to the following conditions: (1) 
That each individual submit a quarterly monitoring checklist completed 
by the treating endocrinologist as well as an annual checklist with a 
comprehensive medical evaluation; (2) that each individual reports 
within 2 business days of occurrence, all episodes of severe 
hypoglycemia, significant complications, or inability to manage 
diabetes; also, any involvement in an accident or any other adverse 
event in a CMV or personal vehicle, whether or not it is related to an 
episode of hypoglycemia; (3) that each individual submit an annual 
ophthalmologist's or optometrist's report; and (4) that each individual 
provide a copy of the annual medical certification to the employer for 
retention in the driver's qualification file, or keep a copy in his/her 
driver's qualification file if he/she is self-employed. The driver must 
also have a copy of the certification when driving, for presentation to 
a duly authorized Federal, State, or local enforcement official.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application for additional two year periods. The following groups of 
drivers received renewed exemptions in the month of April and are 
discussed below.
    As of April 1, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 24 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce. (79 FR 6987; 79 FR 
18388):

Dana A. Albert (NY)
John R. Benshoff (OH)
George A. Blanda (NY)
Terrence K. Cannon (IL)
Trisha J. Davis (ME)
Paul D. Ferris (NY)
Larry Gaskill (RI)
Thomas H. Gaskins (NC)
Gary A. Grant (WA)
Brian C. Halcomb (IL)
Gerald Lee (CA)
Timothy R. Lewis (OR)
Gregory J. Littlefield (MN)
Glen H. Miller (MI)
Ryan M. Ottis (ND)
Steven M. Parsons (WV)
William L. Reece (ND)
Jay R. Rude (AZ)
Denise D. Ruffin (MS)
Ryan E. Stretch (MO)
William F. Sullivan, IV (NY)
John R. Thompson (WI)
Everette L. Twyman (MO)
John F. Whitesides (NC)

    The drivers were included in Docket No. FMCSA-2013-0194. Their 
exemptions are effective as of April 1, 2016 and will expire on April 
1, 2018.
    As of April 6, 2016, 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 (77 FR 10612; 77 FR 
20874):

Rick J. Birdsall (NE)
Steven L. Drake (CA)
Benjamin J. Duea (MN)
Steven E. Greer (MN)
Jonathan E. Hunsaker (OR)
William D. Larsen (SD)
Lee A. Richardson (NC)
William W. Simmons (FL)
Ronald O. Snyder (OH)
Douglas J. Wood (NY)

    The drivers were included in Docket Nos. FMCSA-2011-0382. Their 
exemptions are effective as of April 6, 2016 and will expire on April 
6, 2018.
    As of April 15, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following individual, Maximo E. Gaytan (CO) has satisfied 
the renewal conditions for obtaining an exemption from the rule 
prohibiting drivers with ITDM from driving CMVs in interstate commerce. 
(79 FR 14579; 79 FR 28590):
    The driver was included in Docket No. FMCSA-2014-0013. His 
exemption is effective as of April 15, 2016 and will expire on April 
15, 2018.
    As of April 27, 2016, 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 (77 FR 13686; 77 FR 
25227):

Alvin Acevedo (NJ)
Bobby D. Bennett (GA)
Mark S. Clemence (KS)

[[Page 85319]]

Elwood F. Gorom (WA)
Mike W. Holland (IL)
Dan M. McAllister (WI)
Paul F. Rivers (MN)
Marcus V. Romo (ID)
Wayne L. Snyder (OH)
Justin K. Zimmerschied (KS)

    The drivers were included in Docket Nos. FMCSA-2011-0383. Their 
exemptions are effective as of April 27, 2016 and will expire on April 
27, 2018.
    As of April 30, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 2 individuals, have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (79 FR 10612; 79 FR 
14579; 79 FR 28590; 79 FR 27685):

Charles L. Bryant (PA)
Christopher P. Martin (NH)

    The drivers were included in Docket Nos. FMCSA-2014-0012; FMCSA-
2014-0013. Their exemptions are effective as of April 30, 2016 and will 
expire on April 30, 2018.
    Each of the 47 drivers in the aforementioned groups qualifies for a 
renewal of the exemption. They have maintained their required medical 
monitoring and have not exhibited any medical issues that would 
compromise their ability to safely operate a CMV during the previous 2-
year exemption period.
    These factors provide an adequate basis for predicting each 
driver's ability to continue to drive safely in interstate commerce. 
Therefore, FMCSA concludes that extending the exemption for each of the 
47 drivers for a period of two years is likely to achieve a level of 
safety equal to that existing without the exemption. The drivers were 
included in docket numbers FMCSA-2011-0382; FMCSA-2011-0383; FMCSA-
2013-0194; FMCSA-2014-0012; FMCSA-2014-0013.

Request for Comments

    FMCSA will review comments received at any time concerning a 
particular driver's safety record and determine if the continuation of 
the exemption is consistent with the requirements at 49 U.S.C. 31136(e) 
and 31315. However, FMCSA requests that interested parties with 
specific data concerning the safety records of these drivers submit 
comments by December 27, 2016.
    FMCSA believes that the requirements for a renewal of an exemption 
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially 
granting the renewal and then requesting and evaluating, if needed, 
subsequent comments submitted by interested parties. As indicated 
above, the Agency previously published notices of final disposition 
announcing its decision to exempt these 47 individuals from rule 
prohibiting persons with ITDM from operating CMVs in interstate 
commerce in 49 CFR 391.41(b)(3). The final decision to grant an 
exemption to each of these individuals was made on the merits of each 
case and made only after careful consideration of the comments received 
to its notices of applications. The notices of applications stated in 
detail the medical condition of each applicant for an exemption from 
rule prohibiting persons with ITDM from operating CMVs in interstate 
commerce. That information is available by consulting the above cited 
Federal Register publications.
    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidencesubmitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315, FMCSA will take immediate steps to revoke the 
exemption of a driver.

Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket numbers FMCSA-2011-0382; FMCSA-
2011-0383; FMCSA-2013-0194; FMCSA-2014-0012; FMCSA-2014-0013 and click 
the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right hand side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. If you submit your comments by mail or 
hand delivery, submit them in an unbound format, no larger than 8\1/2\ 
by 11 inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the facility, 
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the 
comment period. FMCSA may issue a final determination at any time after 
the close of the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2011-0382; FMCSA-2011-0383; FMCSA-2013-0194; 
FMCSA-2014-0012; FMCSA-2014-0013 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: November 16, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-28369 Filed 11-23-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                                 Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Notices                                          85317

                                                    past 12 months and no recurrent (2 or                      The FMCSA concluded that all of the                DEPARTMENT OF TRANSPORTATION
                                                    more) severe hypoglycemic episodes in                    operating, monitoring and medical
                                                    the last 5 years. His endocrinologist                    requirements set out in the September 3,             Federal Motor Carrier Safety
                                                    certifies that Mr. Wilson understands                    2003 notice, except as modified, were in             Administration
                                                    diabetes management and monitoring,                      compliance with section 4129(d).
                                                    has stable control of his diabetes using                                                                      [Docket No. FMCSA–2011–0382; FMCSA–
                                                                                                             Therefore, all of the requirements set               2011–0383; FMCSA–2013–0194; FMCSA–
                                                    insulin, and is able to drive a CMV                      out in the September 3, 2003 notice,                 2014–0012; FMCSA–2014–0013]
                                                    safely. Mr. Wilson meets the                             except as modified by the notice in the
                                                    requirements of the vision standard at                   Federal Register on November 8, 2005                 Qualification of Drivers; Exemption
                                                    49 CFR 391.41(b)(10). His                                (70 FR 67777), remain in effect.                     Applications; Diabetes
                                                    ophthalmologist examined him in 2016
                                                    and certified that he does not have                      IV. Submitting Comments                              AGENCY: Federal Motor Carrier Safety
                                                    diabetic retinopathy. He holds an                                                                             Administration (FMCSA), DOT.
                                                    operator’s license from Georgia.                            You may submit your comments and                  ACTION: Notice of renewal of
                                                                                                             material online or by fax, mail, or hand             exemptions; request for comments.
                                                    III. Request for Comments                                delivery, but please use only one of
                                                       In accordance with 49 U.S.C. 31136(e)                 these means. FMCSA recommends that                   SUMMARY:   FMCSA announces its
                                                    and 31315, FMCSA requests public                         you include your name and a mailing                  decision to renew the exemptions of 47
                                                    comment from all interested persons on                   address, an email address, or a phone                individuals from its rule prohibiting
                                                    the exemption petitions described in                     number in the body of your document                  persons with insulin-treated diabetes
                                                    this notice. We will consider all                        so that FMCSA can contact you if there               mellitus (ITDM) from operating
                                                    comments received before the close of                    are questions regarding your                         commercial motor vehicles (CMVs) in
                                                    business on the closing date indicated                   submission.                                          interstate commerce. FMCSA has
                                                    in the date section of the notice.                                                                            statutory authority to exempt
                                                                                                                To submit your comment online, go to
                                                       FMCSA notes that section 4129 of the                                                                       individuals from this rule if the
                                                                                                             http://www.regulations.gov and in the                exemptions granted will not
                                                    Safe, Accountable, Flexible and
                                                                                                             search box insert the docket number                  compromise safety. The Agency has
                                                    Efficient Transportation Equity Act: A
                                                    Legacy for Users requires the Secretary                  FMCSA–2016–0379 and click the search                 concluded that granting these
                                                    to revise its diabetes exemption program                 button. When the new screen appears,                 exemption renewals will provide a level
                                                    established on September 3, 2003 (68 FR                  click on the blue ‘‘Comment Now!’’                   of safety that is equivalent to or greater
                                                    52441). 1 The revision must provide for                  button on the right hand side of the                 than the level of safety maintained
                                                    individual assessment of drivers with                    page. On the new page, enter                         without the exemptions for these CMV
                                                    diabetes mellitus, and be consistent                     information required including the                   drivers.
                                                    with the criteria described in section                   specific section of this document to                 DATES: Each group of renewed
                                                    4018 of the Transportation Equity Act                    which each comment applies, and                      exemptions are effective from the dates
                                                    for the 21st Century (49 U.S.C. 31305).                  provide a reason for each suggestion or              stated in the discussions below.
                                                       Section 4129 requires: (1) Elimination                recommendation. If you submit your                   Comments must be received on or
                                                    of the requirement for 3 years of                        comments by mail or hand delivery,                   before December 27, 2016.
                                                    experience operating CMVs while being                    submit them in an unbound format, no                 ADDRESSES: You may submit comments
                                                    treated with insulin; and (2)                            larger than 81⁄2 by 11 inches, suitable for          bearing the Federal Docket Management
                                                    establishment of a specified minimum                     copying and electronic filing. If you                System (FDMS) numbers: Docket No.
                                                    period of insulin use to demonstrate                     submit comments by mail and would                    FMCSA–2011–0382; FMCSA–2011–
                                                    stable control of diabetes before being                  like to know that they reached the                   0383; FMCSA–2013–0194; FMCSA–
                                                    allowed to operate a CMV.                                facility, please enclose a stamped, self-            2014–0012; FMCSA–2014–0013, using
                                                       In response to section 4129, FMCSA                    addressed postcard or envelope.                      any of the following methods:
                                                    made immediate revisions to the                                                                                 • Federal eRulemaking Portal: Go to
                                                    diabetes exemption program established                      We will consider all comments and
                                                                                                             material received during the comment                 http://www.regulations.gov. Follow the
                                                    by the September 3, 2003 notice.                                                                              on-line instructions for submitting
                                                    FMCSA discontinued use of the 3-year                     period. FMCSA may issue a final
                                                                                                             determination at any time after the close            comments.
                                                    driving experience and fulfilled the                                                                            • Mail: Docket Management Facility;
                                                    requirements of section 4129 while                       of the comment period.
                                                                                                                                                                  U.S. Department of Transportation, 1200
                                                    continuing to ensure that operation of                   V. Viewing Comments and Documents                    New Jersey Avenue SE., West Building
                                                    CMVs by drivers with ITDM will                                                                                Ground Floor, Room W12–140,
                                                    achieve the requisite level of safety                      To view comments, as well as any                   Washington, DC 20590–0001.
                                                    required of all exemptions granted                       documents mentioned in this preamble,                  • Hand Delivery or Courier: West
                                                    under 49 U.S.C. 31136(e).                                go to http://www.regulations.gov and in              Building Ground Floor, Room W12–140,
                                                       Section 4129(d) also directed FMCSA                   the search box insert the docket number              1200 New Jersey Avenue SE.,
                                                    to ensure that drivers of CMVs with                      FMCSA–2016–0379 and click ‘‘Search.’’                Washington, DC, between 9 a.m. and 5
                                                    ITDM are not held to a higher standard                   Next, click ‘‘Open Docket Folder’’ and               p.m., Monday through Friday, except
                                                    than other drivers, with the exception of                you will find all documents and                      Federal Holidays.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    limited operating, monitoring and                        comments related to this notice.                       • Fax: 1–202–493–2251.
                                                    medical requirements that are deemed                                                                            Instructions: Each submission must
                                                    medically necessary.                                       Issued on: November 16, 2016.
                                                                                                                                                                  include the Agency name and the
                                                                                                             Larry W. Minor,
                                                                                                                                                                  docket number for this notice. Note that
                                                       1 Section 4129(a) refers to the 2003 notice as a      Associate Administrator for Policy.                  DOT posts all comments received
                                                    ‘‘final rule.’’ However, the 2003 notice did not issue   [FR Doc. 2016–28368 Filed 11–23–16; 8:45 am]
                                                    a ‘‘final rule’’ but did establish the procedures and
                                                                                                                                                                  without change to http://
                                                    standards for issuing exemptions for drivers with        BILLING CODE 4910–EX–P                               www.regulations.gov, including any
                                                    ITDM.                                                                                                         personal information included in a


                                               VerDate Sep<11>2014   18:57 Nov 23, 2016   Jkt 241001   PO 00000   Frm 00114   Fmt 4703   Sfmt 4703   E:\FR\FM\25NON1.SGM   25NON1


                                                    85318                       Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Notices

                                                    comment. Please see the Privacy Act                     Exemption Decision                                    Larry Gaskill (RI)
                                                    heading below.                                             This notice addresses 47 individuals               Thomas H. Gaskins (NC)
                                                      Docket: For access to the docket to                   who have requested renewal of their                   Gary A. Grant (WA)
                                                    read background documents or                            exemptions in accordance with FMCSA                   Brian C. Halcomb (IL)
                                                    comments, go to http://                                                                                       Gerald Lee (CA)
                                                                                                            procedures. These 47 drivers remain in
                                                    www.regulations.gov at any time or                                                                            Timothy R. Lewis (OR)
                                                                                                            good standing with the Agency, have
                                                    Room W12–140 on the ground level of                                                                           Gregory J. Littlefield (MN)
                                                                                                            maintained their required medical
                                                    the West Building, 1200 New Jersey                                                                            Glen H. Miller (MI)
                                                                                                            monitoring and have not exhibited any
                                                    Avenue SE., Washington, DC, between 9                                                                         Ryan M. Ottis (ND)
                                                                                                            medical issues that would compromise                  Steven M. Parsons (WV)
                                                    a.m. and 5 p.m., Monday through                         their ability to safely operate a CMV
                                                    Friday, except Federal holidays. The                                                                          William L. Reece (ND)
                                                                                                            during the previous 2-year exemption                  Jay R. Rude (AZ)
                                                    Federal Docket Management System                        period. Therefore, FMCSA has decided
                                                    (FDMS) is available 24 hours each day,                                                                        Denise D. Ruffin (MS)
                                                                                                            to extend each exemption for a                        Ryan E. Stretch (MO)
                                                    365 days each year. If you want                         renewable two-year period. Each
                                                    acknowledgment that we received your                                                                          William F. Sullivan, IV (NY)
                                                                                                            individual is identified according to the             John R. Thompson (WI)
                                                    comments, please include a self-                        renewal date.
                                                    addressed, stamped envelope or                                                                                Everette L. Twyman (MO)
                                                                                                               The exemptions are renewed subject                 John F. Whitesides (NC)
                                                    postcard or print the acknowledgement                   to the following conditions: (1) That
                                                    page that appears after submitting                                                                               The drivers were included in Docket
                                                                                                            each individual submit a quarterly
                                                    comments on-line.                                                                                             No. FMCSA–2013–0194. Their
                                                                                                            monitoring checklist completed by the
                                                      Privacy Act: Anyone may search the                                                                          exemptions are effective as of April 1,
                                                                                                            treating endocrinologist as well as an
                                                    electronic form of all comments                                                                               2016 and will expire on April 1, 2018.
                                                                                                            annual checklist with a comprehensive
                                                    received into any of our dockets by the                                                                          As of April 6, 2016, and in accordance
                                                                                                            medical evaluation; (2) that each
                                                    name of the individual submitting the                                                                         with 49 U.S.C. 31136(e) and 31315, the
                                                                                                            individual reports within 2 business
                                                    comment (or of the person signing the                                                                         following 10 individuals, have satisfied
                                                                                                            days of occurrence, all episodes of
                                                    comment, if submitted on behalf of an                                                                         the renewal conditions for obtaining an
                                                                                                            severe hypoglycemia, significant
                                                    association, business, labor union, etc.).                                                                    exemption from the rule prohibiting
                                                                                                            complications, or inability to manage
                                                    You may review DOT’s Privacy Act                                                                              drivers with ITDM from driving CMVs
                                                                                                            diabetes; also, any involvement in an
                                                    Statement for the Federal Docket                                                                              in interstate commerce (77 FR 10612; 77
                                                                                                            accident or any other adverse event in
                                                    Management System (FDMS) published                                                                            FR 20874):
                                                                                                            a CMV or personal vehicle, whether or
                                                    in the Federal Register on January 17,                  not it is related to an episode of                    Rick J. Birdsall (NE)
                                                    2008 (73 FR 3316).                                      hypoglycemia; (3) that each individual                Steven L. Drake (CA)
                                                    FOR FURTHER INFORMATION CONTACT: Ms.                    submit an annual ophthalmologist’s or                 Benjamin J. Duea (MN)
                                                    Christine A. Hydock, Chief, Medical                     optometrist’s report; and (4) that each               Steven E. Greer (MN)
                                                    Programs Division, 202–366–4001,                        individual provide a copy of the annual               Jonathan E. Hunsaker (OR)
                                                    fmcsamedical@dot.gov, FMCSA,                            medical certification to the employer for             William D. Larsen (SD)
                                                    Department of Transportation, 1200                      retention in the driver’s qualification               Lee A. Richardson (NC)
                                                    New Jersey Avenue SE., Room W64–                                                                              William W. Simmons (FL)
                                                                                                            file, or keep a copy in his/her driver’s
                                                    113, Washington, DC 20590–0001.                                                                               Ronald O. Snyder (OH)
                                                                                                            qualification file if he/she is self-
                                                    Office hours are from 8 a.m. to 5:30 p.m.                                                                     Douglas J. Wood (NY)
                                                                                                            employed. The driver must also have a
                                                    Monday through Friday, except Federal                   copy of the certification when driving,                  The drivers were included in Docket
                                                    holidays.                                               for presentation to a duly authorized                 Nos. FMCSA–2011–0382. Their
                                                    SUPPLEMENTARY INFORMATION:                              Federal, State, or local enforcement                  exemptions are effective as of April 6,
                                                                                                            official.                                             2016 and will expire on April 6, 2018.
                                                    Background                                                                                                       As of April 15, 2016, and in
                                                       Under 49 U.S.C. 31136(e) and 31315,                  Basis for Renewing Exemptions                         accordance with 49 U.S.C. 31136(e) and
                                                    FMCSA may renew an exemption from                         Under 49 U.S.C. 31315(b)(1), an                     31315, the following individual,
                                                    the Federal Motor Carrier Safety                        exemption may be granted for no longer                Maximo E. Gaytan (CO) has satisfied the
                                                    Regulations 2-year period if it finds                   than two years from its approval date                 renewal conditions for obtaining an
                                                    ‘‘such exemption would likely achieve a                 and may be renewed upon application                   exemption from the rule prohibiting
                                                    level of safety that is equivalent to or                for additional two year periods. The                  drivers with ITDM from driving CMVs
                                                    greater than the level that would be                    following groups of drivers received                  in interstate commerce. (79 FR 14579;
                                                    achieved absent such exemption.’’ The                   renewed exemptions in the month of                    79 FR 28590):
                                                    statute also allows the Agency to renew                 April and are discussed below.                           The driver was included in Docket
                                                    exemptions at the end of the 2-year                       As of April 1, 2016, and in accordance              No. FMCSA–2014–0013. His exemption
                                                    period. The 47 individuals listed in this               with 49 U.S.C. 31136(e) and 31315, the                is effective as of April 15, 2016 and will
                                                    notice have recently become eligible for                following 24 individuals have satisfied               expire on April 15, 2018.
                                                    a renewed exemption from the diabetes                   the renewal conditions for obtaining an                  As of April 27, 2016, and in
                                                    prohibition in 49 CFR 391.41(b)(3),                     exemption from the rule prohibiting                   accordance with 49 U.S.C. 31136(e) and
                                                    which applies to drivers of CMVs in                     drivers with ITDM from driving CMVs                   31315, the following 10 individuals,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    interstate commerce. The drivers remain                 in interstate commerce. (79 FR 6987; 79               have satisfied the renewal conditions for
                                                    in good standing with the Agency, have                  FR 18388):                                            obtaining an exemption from the rule
                                                    maintained their required medical                       Dana A. Albert (NY)                                   prohibiting drivers with ITDM from
                                                    monitoring and have not exhibited any                   John R. Benshoff (OH)                                 driving CMVs in interstate commerce
                                                    medical issues that would compromise                    George A. Blanda (NY)                                 (77 FR 13686; 77 FR 25227):
                                                    their ability to safely operate a CMV                   Terrence K. Cannon (IL)                               Alvin Acevedo (NJ)
                                                    during the previous 2-year exemption                    Trisha J. Davis (ME)                                  Bobby D. Bennett (GA)
                                                    period.                                                 Paul D. Ferris (NY)                                   Mark S. Clemence (KS)


                                               VerDate Sep<11>2014   18:57 Nov 23, 2016   Jkt 241001   PO 00000   Frm 00115   Fmt 4703   Sfmt 4703   E:\FR\FM\25NON1.SGM   25NON1


                                                                                Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Notices                                                85319

                                                    Elwood F. Gorom (WA)                                    subsequent comments submitted by                      facility, please enclose a stamped, self-
                                                    Mike W. Holland (IL)                                    interested parties. As indicated above,               addressed postcard or envelope.
                                                    Dan M. McAllister (WI)                                  the Agency previously published                         We will consider all comments and
                                                    Paul F. Rivers (MN)                                     notices of final disposition announcing               material received during the comment
                                                    Marcus V. Romo (ID)                                     its decision to exempt these 47                       period. FMCSA may issue a final
                                                    Wayne L. Snyder (OH)                                    individuals from rule prohibiting                     determination at any time after the close
                                                    Justin K. Zimmerschied (KS)                             persons with ITDM from operating                      of the comment period.
                                                       The drivers were included in Docket                  CMVs in interstate commerce in 49 CFR
                                                                                                            391.41(b)(3). The final decision to grant             Viewing Comments and Documents
                                                    Nos. FMCSA–2011–0383. Their
                                                    exemptions are effective as of April 27,                an exemption to each of these                            To view comments, as well as any
                                                    2016 and will expire on April 27, 2018.                 individuals was made on the merits of                 documents mentioned in this preamble,
                                                       As of April 30, 2016, and in                         each case and made only after careful                 go to http://www.regulations.gov and in
                                                    accordance with 49 U.S.C. 31136(e) and                  consideration of the comments received                the search box insert the docket number
                                                    31315, the following 2 individuals, have                to its notices of applications. The                   FMCSA–2011–0382; FMCSA–2011–
                                                    satisfied the renewal conditions for                    notices of applications stated in detail              0383; FMCSA–2013–0194; FMCSA–
                                                    obtaining an exemption from the rule                    the medical condition of each applicant               2014–0012; FMCSA–2014–0013 and
                                                    prohibiting drivers with ITDM from                      for an exemption from rule prohibiting                click ‘‘Search.’’ Next, click ‘‘Open
                                                    driving CMVs in interstate commerce                     persons with ITDM from operating                      Docket Folder’’ and you will find all
                                                    (79 FR 10612; 79 FR 14579; 79 FR                        CMVs in interstate commerce. That                     documents and comments related to this
                                                    28590; 79 FR 27685):                                    information is available by consulting                notice.
                                                    Charles L. Bryant (PA)                                  the above cited Federal Register
                                                                                                                                                                    Issued on: November 16, 2016.
                                                    Christopher P. Martin (NH)                              publications.
                                                                                                               Interested parties or organizations                Larry W. Minor,
                                                       The drivers were included in Docket                  possessing information that would                     Associate Administrator for Policy.
                                                    Nos. FMCSA–2014–0012; FMCSA–                            otherwise show that any, or all, of these             [FR Doc. 2016–28369 Filed 11–23–16; 8:45 am]
                                                    2014–0013. Their exemptions are                         drivers are not currently achieving the               BILLING CODE 4910–EX–P
                                                    effective as of April 30, 2016 and will                 statutory level of safety should
                                                    expire on April 30, 2018.                               immediately notify FMCSA. The
                                                       Each of the 47 drivers in the                        Agency will evaluate any adverse                      DEPARTMENT OF TRANSPORTATION
                                                    aforementioned groups qualifies for a                   evidencesubmitted and, if safety is
                                                    renewal of the exemption. They have                     being compromised or if continuation of               Federal Railroad Administration
                                                    maintained their required medical                       the exemption would not be consistent
                                                    monitoring and have not exhibited any                   with the goals and objectives of 49                   Environmental Impact Statement for
                                                    medical issues that would compromise                    U.S.C. 31136(e) and 31315, FMCSA will                 the Baltimore-Washington
                                                    their ability to safely operate a CMV                   take immediate steps to revoke the                    Superconducting Maglev (SCMAGLEV)
                                                    during the previous 2-year exemption                    exemption of a driver.                                Project, Between Baltimore, Maryland
                                                    period.                                                                                                       and Washington, DC
                                                       These factors provide an adequate                    Submitting Comments
                                                                                                                                                                  AGENCY: Federal Railroad
                                                    basis for predicting each driver’s ability                 You may submit your comments and
                                                                                                                                                                  Administration (FRA), U.S. Department
                                                    to continue to drive safely in interstate               material online or by fax, mail, or hand
                                                                                                                                                                  of Transportation (DOT).
                                                    commerce. Therefore, FMCSA                              delivery, but please use only one of
                                                    concludes that extending the exemption                  these means. FMCSA recommends that                    ACTION: Notice of intent to prepare an
                                                    for each of the 47 drivers for a period                 you include your name and a mailing                   Environmental Impact Statement (EIS).
                                                    of two years is likely to achieve a level               address, an email address, or a phone
                                                    of safety equal to that existing without                number in the body of your document                   SUMMARY:   FRA announces its intent to
                                                    the exemption. The drivers were                         so that FMCSA can contact you if there                prepare an EIS for the Baltimore-
                                                    included in docket numbers FMCSA–                       are questions regarding your                          Washington Superconducting Magnetic
                                                    2011–0382; FMCSA–2011–0383;                             submission.                                           Levitation (Maglev) (SCMAGLEV)
                                                    FMCSA–2013–0194; FMCSA–2014–                               To submit your comment online, go to               Project (Proposed Action) jointly with
                                                    0012; FMCSA–2014–0013.                                  http://www.regulations.gov and in the                 the Maryland Department of
                                                                                                            search box insert the docket numbers                  Transportation (MDOT). The Proposed
                                                    Request for Comments                                    FMCSA–2011–0382; FMCSA–2011–                          Action consists of the construction and
                                                      FMCSA will review comments                            0383; FMCSA–2013–0194; FMCSA–                         operation of a high-speed SCMAGLEV
                                                    received at any time concerning a                       2014–0012; FMCSA–2014–0013 and                        train system between Washington, DC
                                                    particular driver’s safety record and                   click the search button. When the new                 and Baltimore, MD with an intermediate
                                                    determine if the continuation of the                    screen appears, click on the blue                     stop at Baltimore/Washington
                                                    exemption is consistent with the                        ‘‘Comment Now!’’ button on the right                  International Thurgood Marshall (BWI)
                                                    requirements at 49 U.S.C. 31136(e) and                  hand side of the page. On the new page,               Airport. FRA and MDOT will develop
                                                    31315. However, FMCSA requests that                     enter information required including the              the EIS in compliance with the National
                                                    interested parties with specific data                   specific section of this document to                  Environmental Policy Act of 1969
                                                    concerning the safety records of these                  which each comment applies, and                       (NEPA), 42 U.S.C. 4321 et seq.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    drivers submit comments by December                     provide a reason for each suggestion or               DATES: Written comments on the scope
                                                    27, 2016.                                               recommendation. If you submit your                    of the Project EIS should be provided to
                                                      FMCSA believes that the                               comments by mail or hand delivery,                    the address below by December 27,
                                                    requirements for a renewal of an                        submit them in an unbound format, no                  2016. Public scoping meetings are
                                                    exemption under 49 U.S.C. 31136(e) and                  larger than 81⁄2 by 11 inches, suitable for           anticipated for December 2016 and
                                                    31315 can be satisfied by initially                     copying and electronic filing. If you                 January 2017. Additional updated
                                                    granting the renewal and then                           submit comments by mail and would                     information and scoping materials is
                                                    requesting and evaluating, if needed,                   like to know that they reached the                    available through the Project Web site:


                                               VerDate Sep<11>2014   18:57 Nov 23, 2016   Jkt 241001   PO 00000   Frm 00116   Fmt 4703   Sfmt 4703   E:\FR\FM\25NON1.SGM   25NON1



Document Created: 2016-11-23 23:18:31
Document Modified: 2016-11-23 23:18:31
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 renewal of exemptions; request for comments.
DatesEach group of renewed exemptions are effective from the dates stated in the discussions below. Comments must be received on or before December 27, 2016.
ContactMs. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m. Monday through Friday, except Federal holidays.
FR Citation81 FR 85317 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR