81_FR_91484 81 FR 91242 - Qualification of Drivers; Exemption Applications; Diabetes

81 FR 91242 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 242 (December 16, 2016)

Page Range91242-91245
FR Document2016-30281

FMCSA announces its decision to renew the exemptions of 125 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 242 (Friday, December 16, 2016) 
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Pages 91242-91245]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30281]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-24210; FMCSA-2010-0162; FMCSA-2012-0162; FMCSA-
2012-0163; FMCSA-2014-0018]


Qualification of Drivers; Exemption Applications; Diabetes

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

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

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SUMMARY: FMCSA announces its decision to renew the exemptions of 125 
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

[[Page 91243]]

stated in the discussions below. Comments must be received on or before 
January 17, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. FMCSA-2006-24210; FMCSA-
2010-0162; FMCSA-2012-0162; FMCSA-2012-0163; FMCSA-2014-0018, 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 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 125 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 125 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. These 125 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 August and are 
discussed below.
    As of August 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 36333; 77 FR 
46791):

Bruce R. Bennett (MN)
Stephen W. Best (PA)
Steven D. Hancock (IN)
Michael A. Hendrickson (OR)
James B. Hills (KS)
Charles Keegan, Jr. (NJ)
Londell W. Luther (MD)
Darrell L. Meadows (TX)
Allyn E. Smith (SD)
Jason R. Zeorian (NE)

    The drivers were included in Docket No. FMCSA-2012-0162. Their 
exemptions are effective as of August 6, 2016 and will expire on August 
6, 2018.
    As of August 8, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 26 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce. (71 FR 32177; 71 FR 
45097):

Scott R. Anderson (WI)
Robert R. Chase (NE)
Todd A. Dean (WV)
Dale R. Gansz (IL)
Donald W. Havourd, Sr. (CT)
Jeffrey M. King (OR)
Milton A. Klise (OH)
Jeffrey S. Knight (WA)
Edward V. Kruse (IA)
Lee P. Lembke (WI)
Dominick T. Mastroni (KS)
Ronald S. Mavilla (PA)
Derril W. Nunnally (GA)
Robert L. Pfugler, Jr. (PA)
Ronald B. Purdum (IL)
Wilbert C. Rasely, Jr. (PA)
Ron R. Rawson (AZ)
Duance C. Rieger (ND)
Gregory A. Rigg (MI)

[[Page 91244]]

Vernon L. Small (CO)
Walter D. Stowman (NJ)
Antonino S. Vita (NY)
Henry B. Walker-Waltz (OR)
Arthur C. Webber (PA)
Scott A. Wertz (ND)
Danny R. Wood (MO)

    The drivers were included in Docket No. FMCSA-2006-24210. Their 
exemptions are effective as of August 8, 2016, and will expire on 
August 8, 2018.
    As of August 17, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 9 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce. (75 FR 36775; 75 FR 
50797):

Gary L. Alexander (MO)
Daniel E. Bergstresser (NY)
Stephen F. Clendenin (NY)
Donald P. Dean (MI)
Pradip B. Desai (PA)
Howard M. Galton (IL)
Steve Gumienny (CA)
Brian M. Katayama (CA)
Hubert S. Paxton (KY)

    The drivers were included in Docket No. FMCSA-2010-0162. Their 
exemptions are effective as of August 17, 2016, and will expire on 
August 17, 2018.
    As of August 19, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 67 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 41723; 79 FR 
56105):

Charles Ackerman Jr. (NJ)
William J. Applebee (WI)
Benjamin L. Baxter (MI)
Stephen M. Berggren (MN)
Robert A. Boyle (ID)
Patrick J. Burns (MN)
Robert L. Caudill (OH)
Charles R. Cran (WI)
John W. Crook Jr. (IA)
Kevin W. Elder (NC)
Michael J. Eldridge, Sr. (IA)
Johnathon C. Ely (IN)
Kevin D. Erickson (WI)
Joby E. Foshee, IV (MS)
Lawrence H. Fox (NH)
Troy C. Frank (NE)
Robert T. Frankfurter (CO)
Dale A. Godejohn (ND)
Robert R. Gonzales (CA)
Norman D. Groves (MO)
Kenneth F. Gwaltney (IN)
Mathew R. Hale (KS)
Donald K. Hamilton (FL)
John L. Holtzclaw (MO)
Christopher H. Horn (NH)
Jared E. Hubbard (TX)
Roger C. Hulce (VT)
Kip J. Kauffman (WI)
Christopher J. Kittoe (WI)
Joshua L. Kroetch (MN)
Wesley S. Langham (IL)
Andrew K. Lofton (AL)
Salvador Lopez (AZ)
Joseph M. Macias (NM)
Robert J. Marino (NJ)
David J. McCoy (UT)
William E. Medlin (MN)
Anthony J. Miller (MN)
Carlos A. Napoles, Jr. (NJ)
Kathryn J. Nelms (KS)
Antonio C. Oliveira (PA)
Christopher P. Overton (IL)
Ronald E. Patrick (IN)
Stephen J. Pelton (PA)
Bryant S. Perry (NC)
Kenneth R. Perschon (IL)
Joseph R. Polhamus (LA)
Brian K. Rajkovich (CA)
Joseph E. Resetar (NJ)
Rodney B. Roberts (MS)
Arlan M. Roesler (WI)
Mark J. Rone (IL)
Barry J. Sanderson (MT)
John J. Steigauf (MN)
Berton W. Stroup (PA)
Ronnie P. Thomas (TN)
William L. Thompson (MN)
Juan A. Villanueva (TX)
Robert D. Watts (TX)
Cindy L. Wells (NY)
Charles W. White (IN)
Herman D. Whitehurst (AR)
Michael G. Worl (MT)
Tommy W. Wornick (TX)
Robert T. Yeftich (IN)
Alan C. Yeomans (CT)
Chad C. Yerkey (PA)

    The drivers were included in Docket No. FMCSA-2014-0018. Their 
exemptions are effective as of August 19, 2016, and will expire on 
August 19, 2018.
    As of August 27, 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 40941; 77 FR 
51845):

Randall W. Amtower (WV)
Steven Brickey (CO)
Ronald K. Coleman (KY)
Randall L. Corrick (ND)
Raymond G. Gravesandy (NY)
John T. Green (TX)
Gregory M. Harris (TX)
Kelly M. Keller (ND)
Joseph L. Miska (MN)
Susan L. Mosel (WI)
Jacob D. Oxford (ID)
Robert D. Regavich (NJ)
Ramon I. Zamora-Ortiz (WA)

    The drivers were included in Docket No. FMCSA-2012-0163. Their 
exemptions are effective as of August 27, 2016, and will expire on 
August 27, 2018.
    Each of the 125 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 
125 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-2006-24210; FMCSA-2010-0162; FMCSA-
2012-0162; FMCSA-2012-0163; FMCSA-2014-0018.

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 January 17, 2017.
    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 125 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

[[Page 91245]]

drivers are not currently achieving the statutory level of safety 
should immediately notify FMCSA. The Agency will evaluate any adverse 
evidence submitted 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-2006-24210; FMCSA-
2010-0162; FMCSA-2012-0162; FMCSA-2012-0163; FMCSA-2014-0018 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-2006-24210; FMCSA-2010-0162; FMCSA-2012-0162; 
FMCSA-2012-0163; FMCSA-2014-0018 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: December 2, 2016.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-30281 Filed 12-15-16; 8:45 am]
 BILLING CODE 4910-EX-P

91242 Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices Joe W. Brewer (SC) requirements. That information is any time after the close of the comment James W. Ellis, 4th (NJ) available by consulting the above cited period. David A. Inman (IN) Federal Register publications. Lawrence C. Moody (NJ) Viewing Comments and Documents Interested parties or organizations Stanley W. Nunn (TN) possessing information that would To view comments, as well as any Kevin R. Stoner (PA) documents mentioned in this preamble, otherwise show that any, or all, of these The drivers were included in one of drivers are not currently achieving the go to http://www.regulations.gov and in the following dockets: Docket No. statutory level of safety should the search box insert the docket number FMCSA–2002–11714. Their exemptions immediately notify FMCSA. The FMCSA–1999–6480; FMCSA–2001– are effective as of May 30, 2016 and will Agency will evaluate any adverse 11426; FMCSA–2002–11714; FMCSA– expire on May 30, 2018. evidence submitted and, if safety is 2002–12844; FMCSA–2003–16564; Each of the 131 applicants listed in FMCSA–2004–19477; FMCSA–2005– being compromised or if continuation of the groups above has requested renewal 21711; FMCSA–2005–22727; FMCSA– the exemption would not be consistent of the exemption and has submitted 2005–23099; FMCSA–2006–23773; with the goals and objectives of 49 evidence showing that the vision in the FMCSA–2006–24015; FMCSA–2008– U.S.C. 31136(e) and 31315, FMCSA will better eye continues to meet the 0021; FMCSA–2009–0011; FMCSA– take immediate steps to revoke the requirement specified at 49 CFR 2009–0303; FMCSA–2009–0321; exemption of a driver. 391.41(b)(10) and that the vision FMCSA–2010–0050; FMCSA–2011– impairment is stable. In addition, a Submitting Comments 0142; FMCSA–2011–0299; FMCSA– review of each record of safety while 2011–0366; FMCSA–2011–0379; You may submit your comments and driving with the respective vision FMCSA–2011–0380; FMCSA–2012– material online or by fax, mail, or hand deficiencies over the past two years 0039; FMCSA–2013–0174; FMCSA– delivery, but please use only one of indicates each applicant continues to 2014–0002; FMCSA–2014–0003; these means. FMCSA recommends that meet the vision exemption FMCSA–2014–0004 and click ‘‘Search.’’ you include your name and a mailing requirements. Next, click ‘‘Open Docket Folder’’ and These factors provide an adequate address, an email address, or a phone number in the body of your document you will find all documents and basis for predicting each driver’s ability comments related to this notice. to continue to drive safely in interstate so that FMCSA can contact you if there are questions regarding your Issued on: December 2, 2016. commerce. Therefore, FMCSA concludes that extending the exemption submission. Larry W. Minor, for each renewal applicant for a period To submit your comment online, go to Associate Administrator for Policy. of two years is likely to achieve a level http://www.regulations.gov and in the [FR Doc. 2016–30286 Filed 12–15–16; 8:45 am] of safety equal to that existing without search box insert the docket numbers BILLING CODE 4910–EX–P the exemption. FMCSA–1999–6480; FMCSA–2001– 11426; FMCSA–2002–11714; FMCSA– Request for Comments 2002–12844; FMCSA–2003–16564; DEPARTMENT OF TRANSPORTATION FMCSA will review comments FMCSA–2004–19477; FMCSA–2005– received at any time concerning a 21711; FMCSA–2005–22727; FMCSA– Federal Motor Carrier Safety particular driver’s safety record and 2005–23099; FMCSA–2006–23773; Administration determine if the continuation of the FMCSA–2006–24015; FMCSA–2008– [Docket No. FMCSA–2006–24210; FMCSA– exemption is consistent with the 0021; FMCSA–2009–0011; FMCSA– 2010–0162; FMCSA–2012–0162; FMCSA– requirements at 49 U.S.C. 31136(e) and 2009–0303; FMCSA–2009–0321; 2012–0163; FMCSA–2014–0018] 31315. However, FMCSA requests that FMCSA–2010–0050; FMCSA–2011– 0142; FMCSA–2011–0299; FMCSA– Qualification of Drivers; Exemption interested parties with specific data 2011–0366; FMCSA–2011–0379; Applications; Diabetes concerning the safety records of these drivers submit comments by January 17, FMCSA–2011–0380; FMCSA–2012– AGENCY: Federal Motor Carrier Safety 2017. 0039; FMCSA–2013–0174; FMCSA– Administration (FMCSA), DOT. FMCSA believes that the 2014–0002; FMCSA–2014–0003; ACTION: Notice of renewal of requirements for a renewal of an FMCSA–2014–0004 and click the search exemptions; request for comments. exemption under 49 U.S.C. 31136(e) and button. When the new screen appears, 31315 can be satisfied by initially click on the blue ‘‘Comment Now!’’ SUMMARY: FMCSA announces its granting the renewal and then button on the right hand side of the decision to renew the exemptions of 125 requesting and evaluating, if needed, page. On the new page, enter individuals from its rule prohibiting subsequent comments submitted by information required including the persons with insulin-treated diabetes interested parties. As indicated above, specific section of this document to mellitus (ITDM) from operating the Agency previously published which each comment applies, and commercial motor vehicles (CMVs) in notices of final disposition announcing provide a reason for each suggestion or interstate commerce. FMCSA has its decision to exempt these 131 recommendation. If you submit your statutory authority to exempt individuals from the vision requirement comments by mail or hand delivery, individuals from this rule if the in 49 CFR 391.41(b)(10). The final submit them in an unbound format, no exemptions granted will not decision to grant an exemption to each larger than 81⁄2 by 11 inches, suitable for compromise safety. The Agency has of these individuals was made on the copying and electronic filing. If you concluded that granting these mstockstill on DSK3G9T082PROD with NOTICES merits of each case and made only after submit comments by mail and would exemption renewals will provide a level careful consideration of the comments like to know that they reached the of safety that is equivalent to or greater received to its notices of applications. facility, please enclose a stamped, self- than the level of safety maintained The notices of applications stated in addressed postcard or envelope. without the exemptions for these CMV detail the qualifications, experience, We will consider all comments and drivers. and medical condition of each applicant material received during the comment DATES: Each group of renewed for an exemption from the vision period. FMCSA may issue a final rule at exemptions are effective from the dates VerDate Sep<11>2014 18:42 Dec 15, 2016 Jkt 241001 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1

Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices 91243 stated in the discussions below. fmcsamedical@dot.gov, FMCSA, medical certification to the employer for Comments must be received on or Department of Transportation, 1200 retention in the driver’s qualification before January 17, 2017. New Jersey Avenue SE., Room W64– file, or keep a copy in his/her driver’s ADDRESSES: You may submit comments 113, Washington, DC 20590–0001. qualification file if he/she is self- bearing the Federal Docket Management Office hours are from 8 a.m. to 5:30 p.m. employed. The driver must also have a System (FDMS) numbers: Docket No. Monday through Friday, except Federal copy of the certification when driving, FMCSA–2006–24210; FMCSA–2010– holidays. for presentation to a duly authorized 0162; FMCSA–2012–0162; FMCSA– SUPPLEMENTARY INFORMATION: Federal, State, or local enforcement 2012–0163; FMCSA–2014–0018, using official. Background any of the following methods: Basis for Renewing Exemptions • Federal eRulemaking Portal: Go to Under 49 U.S.C. 31136(e) and 31315, http://www.regulations.gov. Follow the FMCSA may renew an exemption from Under 49 U.S.C. 31315(b)(1), an on-line instructions for submitting the Federal Motor Carrier Safety exemption may be granted for no longer comments. Regulations 2-year period if it finds than two years from its approval date • Mail: Docket Management Facility; ‘‘such exemption would likely achieve a and may be renewed upon application U.S. Department of Transportation, 1200 level of safety that is equivalent to or for additional two year periods. The New Jersey Avenue SE., West Building greater than the level that would be following groups of drivers received Ground Floor, Room W12–140, achieved absent such exemption.’’ The renewed exemptions in the month of Washington, DC 20590–0001. statute also allows the Agency to renew August and are discussed below. • Hand Delivery or Courier: West exemptions at the end of the 2-year As of August 6, 2016, and in Building Ground Floor, Room W12–140, period. The 125 individuals listed in accordance with 49 U.S.C. 31136(e) and 1200 New Jersey Avenue SE., this notice have recently become 31315, the following 10 individuals Washington, DC, between 9 a.m. and 5 eligible for a renewed exemption from have satisfied the renewal conditions for p.m., Monday through Friday, except the diabetes prohibition in 49 CFR obtaining an exemption from the rule Federal Holidays. 391.41(b)(3), which applies to drivers of prohibiting drivers with ITDM from • Fax: 1–202–493–2251. CMVs in interstate commerce. The driving CMVs in interstate commerce. Instructions: Each submission must drivers remain in good standing with (77 FR 36333; 77 FR 46791): include the Agency name and the the Agency, have maintained their Bruce R. Bennett (MN) docket number for this notice. Note that required medical monitoring and have Stephen W. Best (PA) DOT posts all comments received not exhibited any medical issues that Steven D. Hancock (IN) without change to http:// would compromise their ability to safely Michael A. Hendrickson (OR) www.regulations.gov, including any operate a CMV during the previous 2- James B. Hills (KS) personal information included in a year exemption period. Charles Keegan, Jr. (NJ) comment. Please see the Privacy Act Exemption Decision Londell W. Luther (MD) heading below. This notice addresses 125 individuals Darrell L. Meadows (TX) Docket: For access to the docket to who have requested renewal of their Allyn E. Smith (SD) read background documents or exemptions in accordance with FMCSA Jason R. Zeorian (NE) comments, go to http:// procedures. These 125 drivers remain in The drivers were included in Docket www.regulations.gov at any time or good standing with the Agency, have No. FMCSA–2012–0162. Their Room W12–140 on the ground level of maintained their required medical exemptions are effective as of August 6, the West Building, 1200 New Jersey monitoring and have not exhibited any 2016 and will expire on August 6, 2018. Avenue SE., Washington, DC, between 9 medical issues that would compromise As of August 8, 2016, and in a.m. and 5 p.m., Monday through their ability to safely operate a CMV accordance with 49 U.S.C. 31136(e) and Friday, except Federal holidays. The during the previous 2-year exemption 31315, the following 26 individuals Federal Docket Management System period. Therefore, FMCSA has decided have satisfied the renewal conditions for (FDMS) is available 24 hours each day, to extend each exemption for a obtaining an exemption from the rule 365 days each year. If you want renewable two-year period. Each prohibiting drivers with ITDM from acknowledgment that we received your individual is identified according to the driving CMVs in interstate commerce. comments, please include a self- renewal date. (71 FR 32177; 71 FR 45097): addressed, stamped envelope or The exemptions are renewed subject Scott R. Anderson (WI) postcard or print the acknowledgement to the following conditions: (1) That Robert R. Chase (NE) page that appears after submitting each individual submit a quarterly Todd A. Dean (WV) comments on-line. monitoring checklist completed by the Dale R. Gansz (IL) Privacy Act: Anyone may search the treating endocrinologist as well as an Donald W. Havourd, Sr. (CT) electronic form of all comments annual checklist with a comprehensive Jeffrey M. King (OR) received into any of our dockets by the medical evaluation; (2) that each Milton A. Klise (OH) name of the individual submitting the individual reports within 2 business Jeffrey S. Knight (WA) comment (or of the person signing the days of occurrence, all episodes of Edward V. Kruse (IA) comment, if submitted on behalf of an severe hypoglycemia, significant Lee P. Lembke (WI) association, business, labor union, etc.). complications, or inability to manage Dominick T. Mastroni (KS) You may review DOT’s Privacy Act diabetes; also, any involvement in an Ronald S. Mavilla (PA) mstockstill on DSK3G9T082PROD with NOTICES Statement for the Federal Docket accident or any other adverse event in Derril W. Nunnally (GA) Management System (FDMS) published a CMV or personal vehicle, whether or Robert L. Pfugler, Jr. (PA) in the Federal Register on January 17, not it is related to an episode of Ronald B. Purdum (IL) 2008, (73 FR 3316). hypoglycemia; (3) that each individual Wilbert C. Rasely, Jr. (PA) FOR FURTHER INFORMATION CONTACT: Ms. submit an annual ophthalmologist’s or Ron R. Rawson (AZ) Christine A. Hydock, Chief, Medical optometrist’s report; and (4) that each Duance C. Rieger (ND) Programs Division, 202–366–4001, individual provide a copy of the annual Gregory A. Rigg (MI) VerDate Sep<11>2014 18:42 Dec 15, 2016 Jkt 241001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1

91244 Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices Vernon L. Small (CO) Kip J. Kauffman (WI) exemptions are effective as of August Walter D. Stowman (NJ) Christopher J. Kittoe (WI) 27, 2016, and will expire on August 27, Antonino S. Vita (NY) Joshua L. Kroetch (MN) 2018. Henry B. Walker-Waltz (OR) Wesley S. Langham (IL) Each of the 125 drivers in the Arthur C. Webber (PA) Andrew K. Lofton (AL) aforementioned groups qualifies for a Scott A. Wertz (ND) Salvador Lopez (AZ) renewal of the exemption. They have Danny R. Wood (MO) Joseph M. Macias (NM) maintained their required medical The drivers were included in Docket Robert J. Marino (NJ) monitoring and have not exhibited any No. FMCSA–2006–24210. Their David J. McCoy (UT) medical issues that would compromise exemptions are effective as of August 8, William E. Medlin (MN) their ability to safely operate a CMV 2016, and will expire on August 8, 2018. Anthony J. Miller (MN) during the previous 2-year exemption As of August 17, 2016, and in Carlos A. Napoles, Jr. (NJ) period. accordance with 49 U.S.C. 31136(e) and Kathryn J. Nelms (KS) These factors provide an adequate 31315, the following 9 individuals have Antonio C. Oliveira (PA) basis for predicting each driver’s ability satisfied the renewal conditions for Christopher P. Overton (IL) to continue to drive safely in interstate obtaining an exemption from the rule Ronald E. Patrick (IN) commerce. Therefore, FMCSA prohibiting drivers with ITDM from Stephen J. Pelton (PA) concludes that extending the exemption driving CMVs in interstate commerce. Bryant S. Perry (NC) for each of the 125 drivers for a period (75 FR 36775; 75 FR 50797): Kenneth R. Perschon (IL) of two years is likely to achieve a level Joseph R. Polhamus (LA) of safety equal to that existing without Gary L. Alexander (MO) the exemption. The drivers were Daniel E. Bergstresser (NY) Brian K. Rajkovich (CA) Joseph E. Resetar (NJ) included in docket numbers FMCSA– Stephen F. Clendenin (NY) Rodney B. Roberts (MS) 2006–24210; FMCSA–2010–0162; Donald P. Dean (MI) Arlan M. Roesler (WI) FMCSA–2012–0162; FMCSA–2012– Pradip B. Desai (PA) Mark J. Rone (IL) 0163; FMCSA–2014–0018. Howard M. Galton (IL) Steve Gumienny (CA) Barry J. Sanderson (MT) Request for Comments Brian M. Katayama (CA) John J. Steigauf (MN) Berton W. Stroup (PA) FMCSA will review comments Hubert S. Paxton (KY) received at any time concerning a Ronnie P. Thomas (TN) The drivers were included in Docket William L. Thompson (MN) particular driver’s safety record and No. FMCSA–2010–0162. Their Juan A. Villanueva (TX) determine if the continuation of the exemptions are effective as of August Robert D. Watts (TX) exemption is consistent with the 17, 2016, and will expire on August 17, Cindy L. Wells (NY) requirements at 49 U.S.C. 31136(e) and 2018. Charles W. White (IN) 31315. However, FMCSA requests that As of August 19, 2016, and in Herman D. Whitehurst (AR) interested parties with specific data accordance with 49 U.S.C. 31136(e) and Michael G. Worl (MT) concerning the safety records of these 31315, the following 67 individuals Tommy W. Wornick (TX) drivers submit comments by January 17, have satisfied the renewal conditions for Robert T. Yeftich (IN) 2017. obtaining an exemption from the rule Alan C. Yeomans (CT) FMCSA believes that the prohibiting drivers with ITDM from Chad C. Yerkey (PA) requirements for a renewal of an driving CMVs in interstate commerce. exemption under 49 U.S.C. 31136(e) and The drivers were included in Docket (79 FR 41723; 79 FR 56105): 31315 can be satisfied by initially No. FMCSA–2014–0018. Their Charles Ackerman Jr. (NJ) granting the renewal and then exemptions are effective as of August William J. Applebee (WI) requesting and evaluating, if needed, 19, 2016, and will expire on August 19, Benjamin L. Baxter (MI) subsequent comments submitted by 2018. Stephen M. Berggren (MN) interested parties. As indicated above, As of August 27, 2016, and in Robert A. Boyle (ID) the Agency previously published accordance with 49 U.S.C. 31136(e) and Patrick J. Burns (MN) notices of final disposition announcing 31315, the following 13 individuals Robert L. Caudill (OH) its decision to exempt these 125 have satisfied the renewal conditions for Charles R. Cran (WI) individuals from rule prohibiting obtaining an exemption from the rule John W. Crook Jr. (IA) persons with ITDM from operating prohibiting drivers with ITDM from Kevin W. Elder (NC) CMVs in interstate commerce in 49 CFR driving CMVs in interstate commerce. Michael J. Eldridge, Sr. (IA) 391.41(b)(3). The final decision to grant (77 FR 40941; 77 FR 51845): Johnathon C. Ely (IN) an exemption to each of these Kevin D. Erickson (WI) Randall W. Amtower (WV) individuals was made on the merits of Joby E. Foshee, IV (MS) Steven Brickey (CO) each case and made only after careful Lawrence H. Fox (NH) Ronald K. Coleman (KY) consideration of the comments received Troy C. Frank (NE) Randall L. Corrick (ND) to its notices of applications. The Robert T. Frankfurter (CO) Raymond G. Gravesandy (NY) notices of applications stated in detail Dale A. Godejohn (ND) John T. Green (TX) the medical condition of each applicant Robert R. Gonzales (CA) Gregory M. Harris (TX) for an exemption from rule prohibiting Norman D. Groves (MO) Kelly M. Keller (ND) persons with ITDM from operating mstockstill on DSK3G9T082PROD with NOTICES Kenneth F. Gwaltney (IN) Joseph L. Miska (MN) CMVs in interstate commerce. That Mathew R. Hale (KS) Susan L. Mosel (WI) information is available by consulting Donald K. Hamilton (FL) Jacob D. Oxford (ID) the above cited Federal Register John L. Holtzclaw (MO) Robert D. Regavich (NJ) publications. Christopher H. Horn (NH) Ramon I. Zamora-Ortiz (WA) Interested parties or organizations Jared E. Hubbard (TX) The drivers were included in Docket possessing information that would Roger C. Hulce (VT) No. FMCSA–2012–0163. Their otherwise show that any, or all, of these VerDate Sep<11>2014 18:42 Dec 15, 2016 Jkt 241001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1

Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices 91245 drivers are not currently achieving the Issued on: December 2, 2016. connection with these proceedings since statutory level of safety should Larry W. Minor, the facts do not appear to warrant a immediately notify FMCSA. The Associate Administrator for Policy. hearing. If any interested party desires Agency will evaluate any adverse [FR Doc. 2016–30281 Filed 12–15–16; 8:45 am] an opportunity for oral comment, they evidence submitted and, if safety is BILLING CODE 4910–EX–P should notify FRA, in writing, before being compromised or if continuation of the end of the comment period and the exemption would not be consistent specify the basis for their request. with the goals and objectives of 49 DEPARTMENT OF TRANSPORTATION All communications concerning these proceedings should identify the U.S.C. 31136(e) and 31315, FMCSA will Federal Railroad Administration appropriate docket number and may be take immediate steps to revoke the submitted by any of the following exemption of a driver. [Docket Number FRA–2016–0117] methods: Submitting Comments Notice of Application for Approval of • Web site: http:// Discontinuance or Modification of a www.regulations.gov. Follow the online You may submit your comments and instructions for submitting comments. Railroad Signal System material online or by fax, mail, or hand • Fax: 202–493–2251. delivery, but please use only one of In accordance with part 235 of Title • Mail: Docket Operations Facility, these means. FMCSA recommends that 49 of the Code of Federal Regulations US Department of Transportation, 1200 you include your name and a mailing (CFR) and 49 U.S.C. 20502(a), this New Jersey Avenue SE., W12–140, address, an email address, or a phone document provides the public notice Washington, DC 20590. number in the body of your document that by a document dated November 28, • Hand Delivery: 1200 New Jersey 2016, CSX Transportation (CSX) Avenue SE., Room W12–140, so that FMCSA can contact you if there petitioned the Federal Railroad Washington, DC 20590, between 9 a.m. are questions regarding your Administration (FRA) seeking approval and 5 p.m., Monday through Friday, submission. except Federal Holidays. for the discontinuance or modification To submit your comment online, go to of a signal system. FRA assigned the Communications received by January http://www.regulations.gov and in the petition Docket Number FRA–2016– 30, 2017 will be considered by FRA search box insert the docket numbers 0117. before final action is taken. Comments FMCSA–2006–24210; FMCSA–2010– Applicant: CSX Transportation, Mr. received after that date will be 0162; FMCSA–2012–0162; FMCSA– Jody Cox, Chief Engineer, considered as far as practicable. 2012–0163; FMCSA–2014–0018 and Communications & Signals, 500 Water Anyone is able to search the click the search button. When the new Street, Speed Code J—350, Jacksonville, electronic form of any written screen appears, click on the blue FL 32202. communications and comments ‘‘Comment Now!’’ button on the right CSX seeks approval of the received into any of our dockets by the hand side of the page. On the new page, discontinuance of the signal system name of the individual submitting the between Milepost (MP) DC32.7 end of comment (or signing the document, if enter information required including the track (EOT), and MP DC37.1, Madison submitted on behalf of an association, specific section of this document to Street, on the Altenheim Subdivision, business, labor union, etc.). In which each comment applies, and Chicago Division, Chicago, IL. accordance with 5 U.S.C. 553(c), DOT provide a reason for each suggestion or solicits comments from the public to Presently, CSX current of traffic (COT) recommendation. If you submit your better inform its processes. DOT posts 509 Rules and yard limit-signaled (YL– comments by mail or hand delivery, S) 508 Rules are in effect between these comments, without edit, including submit them in an unbound format, no Madison Street MP-DC37.1 and EOT any personal information the larger than 81⁄2 by 11 inches, suitable for near MP–DC–30.0 on all tracks. It is commenter provides, to copying and electronic filing. If you proposed to retire COT 509 and YL–S www.regulations.gov, as described in submit comments by mail and would 508 Rules on all tracks and operate the system of records notice (DOT/ALL– like to know that they reached the under Main Track Yard Limits YL 507 14 FDMS), which can be reviewed at facility, please enclose a stamped, self- Rules. www.dot.gov/privacy. See also https:// addressed postcard or envelope. The reason given for the proposed www.regulations.gov/privacyNotice for We will consider all comments and discontinuance is that the signal system, the privacy notice of regulations.gov. material received during the comment COT 509 Rules, and YL–S 508 Rules are Issued in Washington, DC. period. FMCSA may issue a final no longer needed for present day Robert C. Lauby, determination at any time after the close operation. Associate Administrator for Railroad Safety, A copy of the petition, as well as any of the comment period. Chief Safety Officer. written communications concerning the [FR Doc. 2016–30141 Filed 12–15–16; 8:45 am] Viewing Comments and Documents petition, is available for review online at BILLING CODE 4910–06–P www.regulations.gov and in person at To view comments, as well as any the U. S. Department of Transportation’s documents mentioned in this preamble, Docket Operations Facility, 1200 New go to http://www.regulations.gov and in DEPARTMENT OF TRANSPORTATION Jersey Avenue SE., W12–140, the search box insert the docket number Washington, DC 20590. The Docket Maritime Administration FMCSA–2006–24210; FMCSA–2010– Operations Facility is open from 9 a.m. mstockstill on DSK3G9T082PROD with NOTICES 0162; FMCSA–2012–0162; FMCSA– to 5 p.m., Monday through Friday, [Docket No. MARAD 2016–0122] 2012–0163; FMCSA–2014–0018 and except Federal Holidays. Requested Administrative Waiver of click ‘‘Search.’’ Next, click ‘‘Open Interested parties are invited to the Coastwise Trade Laws: Vessel Docket Folder’’ and you will find all participate in these proceedings by OUTRIDER; Invitation for Public documents and comments related to this submitting written views, data, or Comments notice. comments. FRA does not anticipate scheduling a public hearing in AGENCY: Maritime Administration, DOT. VerDate Sep<11>2014 18:42 Dec 15, 2016 Jkt 241001 PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1


Document Created: 2018-02-14 09:07:26
Document Modified: 2018-02-14 09:07:26
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 January 17, 2017.
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 91242 
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