81 FR 92941 - Qualification of Drivers; Exemption Applications; Diabetes
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 244 (December 20, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 244 (December 20, 2016)
| Page Range | 92941-92943 | |
| FR Document | 2016-30588 |
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)] [Notices] [Pages 92941-92943] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30588] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2010-0328; FMCSA-2012-0282; FMCSA-2012-0283; FMCSA- 2014-0308; FMCSA-2014-0309] 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 110 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 was effective from the dates stated in the discussions below. Comments must be received on or before January 19, 2017. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. FMCSA-2010-0328; FMCSA- 2012-0282; FMCSA-2012-0283; FMCSA-2014-0308; FMCSA-2014-0309, 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., e.t., 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., e.t., 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 [[Page 92942]] 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., e.t., 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 110 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 110 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. These 110 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 December and are discussed below. As of December 9, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 37 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 66451; 80 FR 2479): Travis L. Beck (OH) Corey C. Bennett (MS) Nicholas J. Borelli (NJ) Elvis P. Butler (TN) John H. Butler (OH) Michael E. Calvert (TX) Keith J. Cole (WI) Kevin E. Conti (OH) Marsh L. Daggett (TX) Chad E. Hales (UT) Dennis L. Hooyman (WI) Lorenza K. Jefferson (VA) Edward Johnson (TN) William O. Johnson, Jr. Michael E. Kroll (WI) Isolina Matos (NJ) Rex D. McManaway (IL) Steven A. Metternick (MI) Daniel P. Miller (PA) James K. Ollerich (SD) Scott B. Olson (ND) Raymond E. Pawloski (MI) Loren A. Pingel (CO) Douglas S. Pitcher (NY) Terrence A. Proctor (MD) Salvador Ramirez, Jr. (IL) Heber E. Rodriguez (VA) Lukas N. Skutnik (NE) Daniel C. Sliman (OH) Jeffrey A. Sturgill (OH) Maurice S. Styles (MN) Richard J. Thomas (IN) Kevin E. Tucker Robert Vassallo (NY) Clifford L. White (KS) Jason L. Woody (KS) Wesley B. Yokum (PA) The drivers were included in Docket No. FMCSA-2014-0308. Their exemptions are effective as of December 9, 2016 and will expire on December 9, 2018. As of December 14, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 11 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (75 FR 63536; 75 FR 77952): William V. Barbrie (RI) John P. Catalano (NJ) Gary J. Dionne (ID) Thomas C. Donahue (MA) Marlin K. Johnson (MN) George Long, Jr. (NM) Robert Minacapelli (NY) Joe E. L. Radabaugh (OH) Ben D. Shelton, Jr. (IL) Nestor P. Vargas, Jr. (WA) Harold A. Wendt (MN) The drivers were included in Docket No. FMCSA-2010-0328. Their exemptions are effective as of December 14, 2016 and will expire on December 14, 2018. As of December 20, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 17 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (77 FR 63411; 77 FR 64181; 77 FR 75492; 77 FR 75493): James D. Astle (OH) Robert E. Carroll (FL) Thomas L. Gilmore (IA) Kenneth M. Hansen (IA) David J. Heppelmann (MN) Dennis R. Johnson (TN) Ronald D. Johnston (VA) Steven M. Knezevich (MI) Phil J. Kunkel (IN) Carl E. McCartney (PA) Fred Nelson, Jr. (PA) Ricky L. Osterback (WA) Joseph M. Polkowski, Sr. (PA) Dan R. Stark (MN) Chad E. Vanscoy (OH) Mark A. Welch, Jr. (PA) Bailey G. Zickefoose, Jr. (WV) The drivers were included in Docket No. FMCSA-2012-0283. Their exemptions are effective as of December 20, 2016 and will expire on December 20, 2018. [[Page 92943]] As of December 29, 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 (79 FR 70920; 80 FR 5613): Andrew P. Bivens (TN) Everett D. Blevins (KY) Kirk J. Brummeler (GA) Travis M. Bryan (MA) Robert A. Chess (PA) John W. Condy (NY) Kevin V. Cook (MO) Guido Criscuolo, Jr. (CT) Zachary L. Diehl (IL) Andrea I. Dirksen (IA) David D. Dowdy (IL) Clarice L. Dunklin (LA) Ricky L. Exler (FL) Paul B. Fuerstenberg (WI) Nathan M. Gallant (TX) Louis A. Goodenough (IN) Tyler L. Gravatt (ID) Gary W. Honaker (VA) David G. Horne (VA) Glenn A. Keifer (SD) Rex L. Kreutzer (NE) Larry D. Lloyd (OR) Dennis D. Markowski (WA) William F. Melchert-Dinkel (MN) Brit K. Miller (SD) Charles B. Petersen (ID) Anthony J. Politan (IN) Emil T. Ricci (PA) Arturo Robles (WY) Robert F. Rothbauer (WI) Michael A. Runyan, Jr. (NC) John D. Sheets (NH) Kyle L. Shuman (NY) Jerry W. Smay (CA) Gregory A. Smith (GA) William S. Spaeth (WI) Eloy G. Tijerina (TX) Santos R. Torres (TX) Leroy A. Traudt (NE) Arthur R. Vance (VA) Gerald S. Volpone, Jr. (MA) Galen R. Watts (TX) William R. Welch, Jr. (VA) John E. Wildenmann (KY) Edward D. Wright (IN) The drivers were included in Docket No. FMCSA-2014-0309. Their exemptions are effective as of December 29, 2016 and will expire on December 29, 2018. Each of the 110 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 110 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-2010-0328; FMCSA-2012-0282; FMCSA- 2012-0283; FMCSA-2014-0308; FMCSA-2014-0309. 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 19, 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 110 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 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-2010-0328; FMCSA- 2012-0282; FMCSA-2012-0283; FMCSA-2014-0308; FMCSA-2014-0309 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-2010-0328; FMCSA-2012-0282; FMCSA-2012-0283; FMCSA-2014-0308; FMCSA-2014-0309 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: December 8, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-30588 Filed 12-19-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices 92941
FOR FURTHER INFORMATION CONTACT: Wildlife Coordination Act [16 U.S.C. statutory authority to exempt
Michelle Eraut, Program Development 661–667 (e)]; Migratory Bird Treaty Act individuals from this rule if the
Team Leader, Federal Highway [16 U.S.C. 703–712]. exemptions granted will not
Administration, 530 Center Street NE., 5. Historic and Cultural Resources: compromise safety. The Agency has
Suite 420, Salem, Oregon 97301, Section 106 of the National Historic concluded that granting these
Telephone: (503) 316–2559, Email: Preservation Act of 1966, as amended exemption renewals will provide a level
Michelle.Eraut@dot.gov. The Franklin [16 U.S.C. 470(f) et seq.]; Archeological of safety that is equivalent to or greater
Boulevard: I–5—McVay Highway Resources Protection Act of 1977 [16 than the level of safety maintained
categorical exclusion is available upon U.S.C. 470aa–mm]; Archeological and without the exemptions for these CMV
written request from FHWA at the Historic Preservation Act [16 U.S.C. drivers.
address shown above. Comments or 469–469(c)]. DATES: Each group of renewed
questions concerning this proposed 6. Social and Economic: Title VI of exemptions was effective from the dates
action and the Franklin Boulevard: the Civil Rights Act of 1964 [42 U.S.C. stated in the discussions below.
I–5—McVay Highway project should be 2000(d)–2000(d)(1)]; American Indian Comments must be received on or
directed to FHWA at the address Religious Freedom Act [42 U.S.C. 1996]. before January 19, 2017.
provided above. 7. Wetlands and Water Resources:
ADDRESSES: You may submit comments
SUPPLEMENTARY INFORMATION: Notice is
Clean Water Act [33 U.S.C. 1251–1376];
Safe Drinking Water Act (SDWA) [42 bearing the Federal Docket Management
hereby given that FHWA, has taken final System (FDMS) numbers: Docket No.
agency action subject to 23 U.S.C. U.S.C. 300(f)–300(j–26)];
8. Executive Orders: E.O. 12898, FMCSA–2010–0328; FMCSA–2012–
139(l)(1) by issuing a categorical 0282; FMCSA–2012–0283; FMCSA–
Federal Actions to Address
exclusion pursuant to the National 2014–0308; FMCSA–2014–0309, using
Environmental Justice in Minority
Environmental Policy Act and approval any of the following methods:
Populations and Low Income
for the following highway project in the
Populations; E.O. 11593 Protection and • Federal eRulemaking Portal: Go to
State of Oregon: Franklin Boulevard: http://www.regulations.gov. Follow the
Enhancement of Cultural Resources;
I–5—McVay Highway. The project will on-line instructions for submitting
E.O. 13007 Indian Sacred Sites; E.O.
reconstruct Franklin Boulevard to comments.
13175 Consultation and Coordination
reconfigure the existing five travel lanes
with Indian Tribal Governments; E.O. • Mail: Docket Management Facility;
to increase the accessibility of U.S. Department of Transportation, 1200
11514 Protection and Enhancement of
alternative modes of travel. The New Jersey Avenue SE., West Building
Environmental Quality; E.O. 13112
reconfiguration will include: Ground Floor, Room W12–140,
Invasive Species.
roundabouts at four intersections; bus Washington, DC 20590–0001.
turn-out lanes and stops; a buffered bike (Catalog of Federal Domestic Assistance • Hand Delivery or Courier: West
lane in each direction that is adjacent Program Number 20.205, Highway Planning
Building Ground Floor, Room W12–140,
and Construction. The regulations
and separated from the travel lanes; implementing Executive Order 12372 1200 New Jersey Avenue SE.,
landscaped medians and stormwater regarding intergovernmental consultation on Washington, DC, between 9 a.m. and 5
treatment facilities; sidewalks, and local Federal programs and activities apply to this p.m., e.t., Monday through Friday,
access lanes, which are short, single program.) except Federal Holidays.
lane, single direction frontage roads Authority: 23 U.S.C. 139(l)(1) • Fax: 1–202–493–2251.
separated from the main through lanes. Instructions: Each submission must
The actions by the Federal agencies and Issued On: December 9, 2016. include the Agency name and the
the laws under which such actions were Phillip A. Ditzler, docket number for this notice. Note that
taken are described in the categorical Division Administrator. DOT posts all comments received
exclusion issued on December 9, 2016. [FR Doc. 2016–30293 Filed 12–19–16; 8:45 am] without change to http://
The categorical exclusion is available by BILLING CODE 4910–22–P www.regulations.gov, including any
contacting FHWA at the address personal information included in a
provided above. This notice applies to comment. Please see the Privacy Act
all Federal agency decisions as of the DEPARTMENT OF TRANSPORTATION heading below.
issuance date of this notice and all laws Docket: For access to the docket to
under which such actions were taken, Federal Motor Carrier Safety read background documents or
including but not limited to FHWA Administration comments, go to http://
Oregon Division programmatic [Docket No. FMCSA–2010–0328; FMCSA– www.regulations.gov at any time or
agreements and FHWA Oregon Division 2012–0282; FMCSA–2012–0283; FMCSA– Room W12–140 on the ground level of
programmatic biological opinions, as 2014–0308; FMCSA–2014–0309] the West Building, 1200 New Jersey
well as: Avenue SE., Washington, DC, between 9
1. General: National Environmental Qualification of Drivers; Exemption a.m. and 5 p.m., e.t., Monday through
Policy Act (NEPA) [42 U.S.C. 4321– Applications; Diabetes Friday, except Federal holidays. The
4347]; Federal-Aid Highway Act [23 AGENCY: Federal Motor Carrier Safety Federal Docket Management System
U.S.C. 109 and 23 U.S.C. 128]. Administration (FMCSA), DOT. (FDMS) is available 24 hours each day,
2. Air: Clean Air Act [42 U.S.C. 7401– ACTION: Notice of renewal of 365 days each year. If you want
7671(q)]. exemptions; request for comments. acknowledgment that we received your
3. Land: Section 4(f) of the comments, please include a self-
mstockstill on DSK3G9T082PROD with NOTICES
Department of Transportation Act of SUMMARY: FMCSA announces its addressed, stamped envelope or
1966 [23 U.S.C. 138 and 49 U.S.C. 303]; decision to renew the exemptions of 110 postcard or print the acknowledgement
Section 6(f) of the Land and Water individuals from its rule prohibiting page that appears after submitting
Conservation Fund Act (LWCF) [16 persons with insulin-treated diabetes comments on-line.
U.S.C. 460l–4–460l–11.]. mellitus (ITDM) from operating Privacy Act: Anyone may search the
4. Wildlife: The Endangered Species commercial motor vehicles (CMVs) in electronic form of all comments
Act [16 U.S.C. 1531–1544]; Fish and interstate commerce. FMCSA has received into any of our dockets by the
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![Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices 92943
As of December 29, 2016, and in to continue to drive safely in interstate Submitting Comments
accordance with 49 U.S.C. 31136(e) and commerce. Therefore, FMCSA
31315, the following 45 individuals concludes that extending the exemption You may submit your comments and
have satisfied the renewal conditions for for each of the 110 drivers for a period material online or by fax, mail, or hand
obtaining an exemption from the rule of two years is likely to achieve a level delivery, but please use only one of
prohibiting drivers with ITDM from of safety equal to that existing without these means. FMCSA recommends that
driving CMVs in interstate commerce the exemption. The drivers were you include your name and a mailing
(79 FR 70920; 80 FR 5613): included in docket numbers FMCSA– address, an email address, or a phone
Andrew P. Bivens (TN) 2010–0328; FMCSA–2012–0282; number in the body of your document
Everett D. Blevins (KY) FMCSA–2012–0283; FMCSA–2014– so that FMCSA can contact you if there
Kirk J. Brummeler (GA) 0308; FMCSA–2014–0309. are questions regarding your
Travis M. Bryan (MA) submission.
Robert A. Chess (PA) Request for Comments
To submit your comment online, go to
John W. Condy (NY) http://www.regulations.gov and in the
Kevin V. Cook (MO) FMCSA will review comments
received at any time concerning a search box insert the docket numbers
Guido Criscuolo, Jr. (CT)
Zachary L. Diehl (IL) particular driver’s safety record and FMCSA–2010–0328; FMCSA–2012–
Andrea I. Dirksen (IA) determine if the continuation of the 0282; FMCSA–2012–0283; FMCSA–
David D. Dowdy (IL) exemption is consistent with the 2014–0308; FMCSA–2014–0309 and
Clarice L. Dunklin (LA) requirements at 49 U.S.C. 31136(e) and click the search button. When the new
Ricky L. Exler (FL) 31315. However, FMCSA requests that screen appears, click on the blue
Paul B. Fuerstenberg (WI) interested parties with specific data ‘‘Comment Now!’’ button on the right
Nathan M. Gallant (TX) concerning the safety records of these hand side of the page. On the new page,
Louis A. Goodenough (IN) drivers submit comments by January 19, enter information required including the
Tyler L. Gravatt (ID) 2017. specific section of this document to
Gary W. Honaker (VA) FMCSA believes that the which each comment applies, and
David G. Horne (VA) provide a reason for each suggestion or
requirements for a renewal of an
Glenn A. Keifer (SD) recommendation. If you submit your
exemption under 49 U.S.C. 31136(e) and
Rex L. Kreutzer (NE) comments by mail or hand delivery,
Larry D. Lloyd (OR) 31315 can be satisfied by initially
granting the renewal and then submit them in an unbound format, no
Dennis D. Markowski (WA)
William F. Melchert-Dinkel (MN) requesting and evaluating, if needed, larger than 81⁄2 by 11 inches, suitable for
Brit K. Miller (SD) subsequent comments submitted by copying and electronic filing. If you
Charles B. Petersen (ID) interested parties. As indicated above, submit comments by mail and would
Anthony J. Politan (IN) the Agency previously published like to know that they reached the
Emil T. Ricci (PA) notices of final disposition announcing facility, please enclose a stamped, self-
Arturo Robles (WY) its decision to exempt these 110 addressed postcard or envelope.
Robert F. Rothbauer (WI) individuals from rule prohibiting We will consider all comments and
Michael A. Runyan, Jr. (NC) persons with ITDM from operating material received during the comment
John D. Sheets (NH) CMVs in interstate commerce in 49 CFR period. FMCSA may issue a final
Kyle L. Shuman (NY) 391.41(b)(3). The final decision to grant determination at any time after the close
Jerry W. Smay (CA) an exemption to each of these of the comment period.
Gregory A. Smith (GA) individuals was made on the merits of
William S. Spaeth (WI) each case and made only after careful Viewing Comments and Documents
Eloy G. Tijerina (TX) consideration of the comments received
Santos R. Torres (TX) to its notices of applications. The To view comments, as well as any
Leroy A. Traudt (NE) notices of applications stated in detail documents mentioned in this preamble,
Arthur R. Vance (VA) the medical condition of each applicant go to http://www.regulations.gov and in
Gerald S. Volpone, Jr. (MA) for an exemption from rule prohibiting the search box insert the docket number
Galen R. Watts (TX) persons with ITDM from operating FMCSA–2010–0328; FMCSA–2012–
William R. Welch, Jr. (VA) CMVs in interstate commerce. That 0282; FMCSA–2012–0283; FMCSA–
John E. Wildenmann (KY) 2014–0308; FMCSA–2014–0309 and
information is available by consulting
Edward D. Wright (IN) click ‘‘Search.’’ Next, click ‘‘Open
the above cited Federal Register
The drivers were included in Docket publications. Docket Folder’’ and you will find all
No. FMCSA–2014–0309. Their documents and comments related to this
exemptions are effective as of December Interested parties or organizations
notice.
29, 2016 and will expire on December possessing information that would
otherwise show that any, or all, of these Issued on: December 8, 2016.
29, 2018.
Each of the 110 drivers in the drivers are not currently achieving the Larry W. Minor,
aforementioned groups qualifies for a statutory level of safety should Associate Administrator for Policy.
renewal of the exemption. They have immediately notify FMCSA. The [FR Doc. 2016–30588 Filed 12–19–16; 8:45 am]
maintained their required medical Agency will evaluate any adverse
mstockstill on DSK3G9T082PROD with NOTICES
BILLING CODE 4910–EX–P
monitoring and have not exhibited any evidence submitted and, if safety is
medical issues that would compromise being compromised or if continuation of
their ability to safely operate a CMV the exemption would not be consistent
during the previous 2-year exemption with the goals and objectives of 49
period. U.S.C. 31136(e) and 31315, FMCSA will
These factors provide an adequate take immediate steps to revoke the
basis for predicting each driver’s ability exemption of a driver.
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Document Created: 2018-02-14 09:09:50
Document Modified: 2018-02-14 09:09:50
| 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 renewal of exemptions; request for comments. | |
| Dates | Each group of renewed exemptions was effective from the dates stated in the discussions below. Comments must be received on or before January 19, 2017. | |
| 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., e.t., Monday through Friday, except Federal holidays. | |
| FR Citation | 81 FR 92941 |
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