81 FR 88726 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 236 (December 8, 2016)

Page Range		88726-88727
FR Document		2016-29410

FMCSA announces its decision to renew exemptions of 99 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 236 (Thursday, December 8, 2016)

[Federal Register Volume 81, Number 236 (Thursday, December 8, 2016)]
[Notices]
[Pages 88726-88727]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29410]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0368; FMCSA-2011-0381; FMCSA-2013-0192; FMCSA-
2013-0193]


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 99 
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 was 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, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m., 
e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

1. 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., e.t., 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 March 16, 2016, FMCSA published a notice announcing its decision 
to renew exemptions for 99 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 
14210). The public comment period ended on April 15, 2016, and no 
comments were received. As stated in the previous notice, FMCSA has 
evaluated the eligibility of these applicants and determined that 
renewing these exemptions would 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 99 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 March 5, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 41 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 79062; 79 FR 
12567):

David E. Ames (IL)
Michael R. Boland (IL)
Christopher D. Burks (MA)
Larry D. Burton (IL)
Anthony D. Chrisley (CA)
Henry Collins (MO)
John B. Conway Jr. (NC)
James V. Davidson Jr. (UT)
Michael A. De La Torree (CA)
Corrado DePalma (NJ)
Douglas E. Emey (IN)
William C. Flom (IA)
Brian A. Griep (IA)
George E. Hagey (IL)
Ronnie Harrington (MS)
Andrew P. Hines (OH)
Arlyn D. Holtrop (IA)
Stephan P. Hyre (OH)
Aaron C. Kaplan (CA)
Sigmund E. Keller (NY)
Derl T. Martin (MO)
Waymond E. Mayfield (MO)
Senad Mehmedovic (KY)
Ronald E. Mullard (AL)
Justin C. Orr (CA)
Kevin L. Otto (OH)
Larry H. Painter (PA)
Robert K. Patterson (IA)
Albert M. Purdy (PA)
Adam Razny (MO)
Thomas F. Scanlon (NJ)
Harrison G. Simmons (MO)
Scott A. Stout (FL)
Walter D. Strang, IV (CT)
Mark A. Torres (MA)
Eric A. Vernon (IA)
Marvin L. Vonk (IA)
Kelly J. Walstad (MN)
John R. Wappes (OH)
Ray C. Williams (CT)
Rickey A. Wulf (IA)

    The drivers were included in Docket No. FMCSA-2013-0193. Their 
exemptions are effective as of March 5, 2016 and will expire on March 
5, 2018.
    As of March 7, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 45 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 3549; 77 FR 
13685; 78 FR 78479; 79 FR 13086):

Chad E. Anger (WI)
Willie V. Apodaca (NM)
Edward Blake (GA)
Dorin D. Blodgett (IN)
Jerry A. Campbell (OH)
Brian M. Chase (VA)
Phillip Covel (NE)
Nicholas P. Dube (RI)
James W. Dusing (MN)
Manuel Elizondo (TX)
Michael K. Farris (IN)
Menino Fernandes (IL)

[[Page 88727]]

Craig J. Gadley, Sr. (NY)
Daniel C. Grove Jr. (PA)
Mary F. Guilfoy (IN)
Jeffrey M. Halida (WI)
James M. Hatcher (MS)
Matthew E. Hay (TX)
Edward S. Ionescu (IL)
Jeffrey P. James (AR)
Tracy N. Jenkins (DE)
Gregory A. King (NC)
Matthew R. Linehan (NY)
Cory A. Meadows (OH)
Ashun R. Merritt (GA)
Herbert A. Morton (CA)
Colby A. Nutter (VA)
Jayrome B. Rimolde (MN)
Gale Roland (PA)
Larry A. Sanders (MD)
John L. Scherette (WA)
Kelly T. Scholl (MN)
James P. Shurkus (NH)
Gregory G. Sisco (IA)
Travers L. Stephens (GA)
Brittany K. Tomasko (CA)
Joel L. Topping (NV)
Daren Warren (NY)
Alan T. Whalen (NY)
Thomas L. Whitley (IN)
Randall S. Williams (PA)
Charles J. Wirth (WI)
Tomme J. Wirth (IA)
Joshua C. Wyse (OH)
Rowland P. Yee (HI)

    The drivers were included in Docket Nos. FMCSA-2011-0368; FMCSA-
2013-0192. Their exemptions are effective as of March 7, 2016 and will 
expire on March 7, 2018.
    As of March 23, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 13 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 5870; 77 FR 
17116):

Roger L. Arcand, Jr. (MA)
Marsha M. Colberg (WA)
Robert D. Crissinger (MN)
Scott W. Forsyth, Jr. (CO)
Fritz D. Gregory (UT)
Anthony P. Kesselring (FL)
Don R. Kivi (ND)
Vincent Ligotti (NY)
Michael R. Miller (PA)
Jack L. Phippen (WI)
Richard A. Purk (CA0)
Bryan E. Quick (VA)
Jack A. Tidey (AR)

    The drivers were included in Docket No. FMCSA-2011-0381. Their 
exemptions are effective as of March 23, 2016 and will expire on March 
23, 2018.
    In accordance with 49 U.S.C. 31315, each exemption will be valid 
for two years from the effective date unless revoked earlier by FMCSA. 
The exemption will be revoked if the following occurs: (1) The person 
fails to comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
prior to being granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136 and 
31315.

    Issued on: November 25, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-29410 Filed 12-7-16; 8:45 am]
 BILLING CODE 4910-EX-P

88726 Federal Register / Vol. 81, No. 236 / Thursday, December 8, 2016 / Notices

project Web site at http:// Docket: For access to the docket to driving CMVs in interstate commerce.
i93exit4a.com/. read background documents or (78 FR 79062; 79 FR 12567):
(Catalog of Federal Domestic Assistance comments, go to http:// David E. Ames (IL)
Program Number 20.205, Highway Planning www.regulations.gov and/or Room Michael R. Boland (IL)
and Construction. The regulations W12–140 on the ground level of the Christopher D. Burks (MA)
implementing Executive Order 12372 West Building, 1200 New Jersey Avenue Larry D. Burton (IL)
regarding intergovernmental consultation on SE., Washington, DC, between 9 a.m. Anthony D. Chrisley (CA)
Federal programs and activities apply to this and 5 p.m., e.t., Monday through Friday,
program.)
Henry Collins (MO)
except Federal holidays. John B. Conway Jr. (NC)
Issued on: November 30, 2016. Privacy Act: In accordance with 5 James V. Davidson Jr. (UT)
Patrick A. Bauer, U.S.C. 553(c), DOT solicits comments Michael A. De La Torree (CA)
Division Administrator, Federal Highway from the public to better inform its Corrado DePalma (NJ)
Administration, Concord, New Hampshire. rulemaking process. DOT posts these Douglas E. Emey (IN)
[FR Doc. 2016–29413 Filed 12–7–16; 8:45 am] comments, without edit, including any William C. Flom (IA)
BILLING CODE 4910–22–P personal information the commenter Brian A. Griep (IA)
provides, to http://www.regulations.gov, George E. Hagey (IL)
as described in the system of records Ronnie Harrington (MS)
DEPARTMENT OF TRANSPORTATION notice (DOT/ALL–14 FDMS), which can Andrew P. Hines (OH)
be reviewed at http://www.dot.gov/ Arlyn D. Holtrop (IA)
Federal Motor Carrier Safety privacy. Stephan P. Hyre (OH)
Administration Aaron C. Kaplan (CA)
II. Background
[Docket No. FMCSA–2011–0368; FMCSA– Sigmund E. Keller (NY)
2011–0381; FMCSA–2013–0192; FMCSA– On March 16, 2016, FMCSA Derl T. Martin (MO)
2013–0193] published a notice announcing its Waymond E. Mayfield (MO)
decision to renew exemptions for 99 Senad Mehmedovic (KY)
Qualification of Drivers; Exemption individuals from the insulin-treated Ronald E. Mullard (AL)
Applications; Diabetes diabetes mellitus prohibition in 49 CFR Justin C. Orr (CA)
391.41(b)(3) to operate a CMV in Kevin L. Otto (OH)
AGENCY: Federal Motor Carrier Safety interstate commerce and requested
Administration (FMCSA), DOT. Larry H. Painter (PA)
comments from the public (80 FR Robert K. Patterson (IA)
ACTION: Notice of final disposition. 14210). The public comment period Albert M. Purdy (PA)
SUMMARY: FMCSA announces its ended on April 15, 2016, and no Adam Razny (MO)
decision to renew exemptions of 99 comments were received. As stated in Thomas F. Scanlon (NJ)
individuals from its prohibition in the the previous notice, FMCSA has Harrison G. Simmons (MO)
Federal Motor Carrier Safety evaluated the eligibility of these Scott A. Stout (FL)
Regulations (FMCSRs) against persons applicants and determined that Walter D. Strang, IV (CT)
with insulin-treated diabetes mellitus renewing these exemptions would Mark A. Torres (MA)
(ITDM) from operating commercial achieve a level of safety equivalent to or Eric A. Vernon (IA)
motor vehicles (CMVs) in interstate greater than the level that would be Marvin L. Vonk (IA)
commerce. The exemptions enable these achieved by complying with the current Kelly J. Walstad (MN)
individuals with ITDM to continue to regulation 49 CFR 391.41(b)(3). The John R. Wappes (OH)
operate CMVs in interstate commerce. physical qualification standard for Ray C. Williams (CT)
drivers regarding diabetes found in 49 Rickey A. Wulf (IA)
DATES: Each group of renewed
CFR 391.41(b)(3) states that a person is The drivers were included in Docket
exemptions was effective on the dates
physically qualified to drive a CMV if No. FMCSA–2013–0193. Their
stated in the discussions below and will
that person has no established medical exemptions are effective as of March 5,
expire on the dates stated in the
history or clinical diagnosis of diabetes 2016 and will expire on March 5, 2018.
discussions below.
mellitus currently requiring insulin for As of March 7, 2016, and in
FOR FURTHER INFORMATION CONTACT: Ms.
control. accordance with 49 U.S.C. 31136(e) and
Christine A. Hydock, Chief, Medical
Programs Division, 202–366–4001, III. Discussion of Comments 31315, the following 45 individuals,
fmcsamedical@dot.gov, FMCSA, have satisfied the renewal conditions for
FMCSA received no comments in this
Department of Transportation, 1200 obtaining an exemption from the rule
preceding.
New Jersey Avenue SE., Room W64– prohibiting drivers with ITDM from
224, Washington, DC 20590–0001. IV. Conclusion driving CMVs in interstate commerce
Office hours are from 8 a.m. to 5:30 Based upon its evaluation of the 99 (77 FR 3549; 77 FR 13685; 78 FR 78479;
p.m., e.t., Monday through Friday, renewal exemption applications and 79 FR 13086):
except Federal holidays. If you have that no comments were received, Chad E. Anger (WI)
questions regarding viewing or FMCSA confirms its decision to exempt Willie V. Apodaca (NM)
submitting material to the docket, the following drivers from the rule Edward Blake (GA)
contact Docket Services, telephone (202) prohibiting drivers with ITDM from Dorin D. Blodgett (IN)
Jerry A. Campbell (OH)
sradovich on DSK3GMQ082PROD with NOTICES

366–9826. driving CMVs in interstate commerce in
SUPPLEMENTARY INFORMATION: 49 CFR 391.64(3): Brian M. Chase (VA)
As of March 5, 2016, and in Phillip Covel (NE)
1. Electronic Access accordance with 49 U.S.C. 31136(e) and Nicholas P. Dube (RI)
You may see all the comments online 31315, the following 41 individuals James W. Dusing (MN)
through the Federal Document have satisfied the renewal conditions for Manuel Elizondo (TX)
Management System (FDMS) at: http:// obtaining an exemption from the rule Michael K. Farris (IN)
www.regulations.gov. prohibiting drivers with ITDM from Menino Fernandes (IL)

VerDate Sep<11>2014 17:28 Dec 07, 2016 Jkt 241001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\08DEN1.SGM 08DEN1

Federal Register / Vol. 81, No. 236 / Thursday, December 8, 2016 / Notices 88727

Craig J. Gadley, Sr. (NY) following occurs: (1) The person fails to Docket: For access to the docket to
Daniel C. Grove Jr. (PA) comply with the terms and conditions read background documents or
Mary F. Guilfoy (IN) of the exemption; (2) the exemption has comments, go to http://
Jeffrey M. Halida (WI) resulted in a lower level of safety than www.regulations.gov and/or Room
James M. Hatcher (MS) was maintained prior to being granted; W12–140 on the ground level of the
Matthew E. Hay (TX) or (3) continuation of the exemption West Building, 1200 New Jersey Avenue
Edward S. Ionescu (IL) would not be consistent with the goals SE., Washington, DC, between 9 a.m.
Jeffrey P. James (AR) and objectives of 49 U.S.C. 31136 and and 5 p.m., e.t., Monday through Friday,
Tracy N. Jenkins (DE) 31315. except Federal holidays.
Gregory A. King (NC) Issued on: November 25, 2016. Privacy Act: In accordance with 5
Matthew R. Linehan (NY) U.S.C. 553(c), DOT solicits comments
Larry W. Minor,
Cory A. Meadows (OH) from the public to better inform its
Ashun R. Merritt (GA) Associate Administrator for Policy.
rulemaking process. DOT posts these
Herbert A. Morton (CA) [FR Doc. 2016–29410 Filed 12–7–16; 8:45 am]
comments, without edit, including any
Colby A. Nutter (VA) BILLING CODE 4910–EX–P
personal information the commenter
Jayrome B. Rimolde (MN) provides, to http://www.regulations.gov,
Gale Roland (PA) as described in the system of records
Larry A. Sanders (MD) DEPARTMENT OF TRANSPORTATION
notice (DOT/ALL–14 FDMS), which can
John L. Scherette (WA) be reviewed at http://www.dot.gov/
Federal Motor Carrier Safety
Kelly T. Scholl (MN) privacy.
Administration
James P. Shurkus (NH)
Gregory G. Sisco (IA) [Docket No. FMCSA–2009–0289; FMCSA– II. Background
Travers L. Stephens (GA) 2009–0290; FMCSA–2011–0300; FMCSA– On December 30, 2015, FMCSA
Brittany K. Tomasko (CA) 2013–0190; FMCSA–2013–0191]
published a notice announcing its
Joel L. Topping (NV) decision to renew exemptions for 107
Daren Warren (NY) Qualification of Drivers; Exemption
Applications; Diabetes individuals from the insulin-treated
Alan T. Whalen (NY) diabetes mellitus prohibition in 49 CFR
Thomas L. Whitley (IN) AGENCY: Federal Motor Carrier Safety 391.41(b)(3) to operate a CMV in
Randall S. Williams (PA) Administration (FMCSA), DOT. interstate commerce and requested
Charles J. Wirth (WI) ACTION: Notice of final disposition. comments from the public (80 FR
Tomme J. Wirth (IA) 81667). The public comment period
Joshua C. Wyse (OH) SUMMARY: FMCSA announces its ended on January 29, 2016 and no
Rowland P. Yee (HI) decision to renew exemptions of 107 comments were received.
The drivers were included in Docket individuals from its prohibition in the As stated in the previous notice,
Nos. FMCSA–2011–0368; FMCSA– Federal Motor Carrier Safety FMCSA has evaluated the eligibility of
2013–0192. Their exemptions are Regulations (FMCSRs) against persons these applicants and determined that
effective as of March 7, 2016 and will with insulin-treated diabetes mellitus renewing these exemptions would
expire on March 7, 2018. (ITDM) from operating commercial achieve a level of safety equivalent to or
As of March 23, 2016, and in motor vehicles (CMVs) in interstate greater than the level that would be
accordance with 49 U.S.C. 31136(e) and commerce. The exemptions enable these achieved by complying with the current
31315, the following 13 individuals individuals with ITDM to continue to regulation 49 CFR 391.41(b)(3).
have satisfied the renewal conditions for operate CMVs in interstate commerce. The physical qualification standard
obtaining an exemption from the rule DATES: Each group of renewed for drivers regarding diabetes found in
prohibiting drivers with ITDM from exemptions was effective on the dates 49 CFR 391.41(b)(3) states that a person
driving CMVs in interstate commerce. stated in the discussions below and will is physically qualified to drive a CMV
(77 FR 5870; 77 FR 17116): expire on the dates stated in the if that person has no established
Roger L. Arcand, Jr. (MA) discussions below. medical history or clinical diagnosis of
Marsha M. Colberg (WA) FOR FURTHER INFORMATION CONTACT: Ms. diabetes mellitus currently requiring
Robert D. Crissinger (MN) Christine A. Hydock, Chief, Medical insulin for control.
Scott W. Forsyth, Jr. (CO) Programs Division, 202–366–4001,
Fritz D. Gregory (UT) III. Discussion of Comments
fmcsamedical@dot.gov, FMCSA,
Anthony P. Kesselring (FL) Department of Transportation, 1200 FMCSA received no comments in this
Don R. Kivi (ND) New Jersey Avenue SE., Room W64– preceding.
Vincent Ligotti (NY) 224, Washington, DC 20590–0001.
Michael R. Miller (PA) IV. Conclusion
Office hours are from 8 a.m. to 5:30
Jack L. Phippen (WI) p.m., e.t., Monday through Friday, Based upon its evaluation of the 107
Richard A. Purk (CA0) except Federal holidays. If you have renewal exemption applications and
Bryan E. Quick (VA) questions regarding viewing or that no comments were received,
Jack A. Tidey (AR) submitting material to the docket, FMCSA announces its decision to
The drivers were included in Docket contact Docket Services, telephone (202) exempt the following drivers from the
No. FMCSA–2011–0381. Their 366–9826. rule prohibiting drivers with ITDM from
sradovich on DSK3GMQ082PROD with NOTICES

exemptions are effective as of March 23, SUPPLEMENTARY INFORMATION: driving CMVs in interstate commerce in
2016 and will expire on March 23, 2018. 49 CFR 391.64(3):
In accordance with 49 U.S.C. 31315, I. Electronic Access As of January 5, 2016, the following
each exemption will be valid for two You may see all the comments online 20 individuals have satisfied the
years from the effective date unless through the Federal Document renewal conditions for obtaining an
revoked earlier by FMCSA. The Management System (FDMS) at: http:// exemption from the rule prohibiting
exemption will be revoked if the www.regulations.gov. drivers with ITDM from driving CMVs

VerDate Sep<11>2014 17:28 Dec 07, 2016 Jkt 241001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\08DEN1.SGM 08DEN1

Document Created: 2016-12-08 00:27:15
Document Modified: 2016-12-08 00:27:15

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of final disposition.
Dates		Each group of renewed exemptions was effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below.
Contact		Ms. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		81 FR 88726

81 FR 88726 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 236 (December 8, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration