81 FR 92946 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 244 (December 20, 2016)

Page Range		92946-92947
FR Document		2016-30589

FMCSA announces its decision to renew exemptions of 71 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 244 (Tuesday, December 20, 2016)

[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92946-92947]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30589]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0288; FMCSA-2012-0281; FMCSA-2014-0306; FMCSA-
2014-0307]


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 71 
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, [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.

SUPPLEMENTARY INFORMATION: 

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http//www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., 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 October 20, 2016, FMCSA published a notice announcing its 
decision to renew exemptions for 71 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 (81 
FR 72658). The public comment period ended on November 21, 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 71 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 November 1, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 27 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce. (79 FR 59351; 79 FR 
77082):

Noe D. Aguilar (CA)
David N. Banks (NC)
Wayne W. Best (PA)
Gregory K. Blythe (IL)
Justin M. Brown (MT)
Clayton G. Hardwick (KY)
Audie C. Holton (GA)
John F. Kincaid (IL)
Craig T. LaPresti (PA)
Lester M. Lee, Jr. (GA)
Aretha Lewis (VA)
Marvin D. Mathis (NC)
Brian M. McFadden (MA)
Sean K. Myhand (GA)
Glen R. Parry (NM)
George E. Patton (AL)
Michael J. Ramey (CO)
Richard J. Rasmussen (NE)
Mark L. Rigby (UT)
Jeffrey K. Roberts (WI)
Marvin A. Ryan (IN)
Eric R. Storm (GA)
Daniel A. Swain (TX)
Sean P. Thomas (IN)
Glenn R. Tyrrell (MN)
Lewis W. Vaught Jr. (NC)
William L. Wiltrout (PA)

    The drivers were included in Docket No. FMCSA-2014-0306. Their 
exemptions are effective as of November 1, 2016 and will expire on 
November 1, 2018.
    As of November 16, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 14 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 59788; 75 FR 
70077):

Shale W. Anderson (FL)
Charles L. Arnburg (IA)
Ronald D. Ayers (WV)
Garrett D. Couch (MI)
Mark W. Garver (MN)
Donald S. Keller (MI)
Jason M. Luper (MO)
Harold L. Phillips (OK)
Heath A. Senkel (TX)
Roland R. Unruh (KS)
Norman J. VanTuyle II (MI)

[[Page 92947]]

John M. Warden (TX)
Donald E. Weadon (MD)
Douglas W. Williams (TN)

    The drivers were included in Docket No. FMCSA-2010-0288. Their 
exemptions are effective as of November 16, 2016 and will expire on 
November 16, 2018.
    As of November 22, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 21 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 63214; 80 FR 
1070):

Jeffrey S. Argabright (OH)
James L. Crane (MS)
Donald L. Feltman (MN)
Benjamin T. Filip (ND)
Harold L. Gomez (LA)
Arthur M. Gonzalez (TX)
William T. Jensen (NJ)
Robert W. Johnson, Sr. (NY)
Joseph J. Karas (NJ)
Randy C. Lee (NY)
John R. Miller II (OR)
Robert A. Nicolai (MO)
William P. Pearson, II (WI)
Alan M. Primus (IA)
Danny L. Reimers (NM)
Michael L. Reynolds (NC)
Samuel H. Schmidt (MN)
Timothy W. Selk (AK)
Dennis J. Stanley (WI)
Steven M. Weimer (PA)
Michael L. Westbury (SC)

    The drivers were included in Docket No. FMCSA-2014-0307. Their 
exemptions are effective as of November 22, 2016 and will expire on 
November 22, 2018.
    As of November 26, 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. (77 FR 59447; 77 FR 
70529):

Charles E. Castle (OH)
Larry W. Dearing (IN)
Bradley E. DeWitt (WA)
Leonard R. Dobosenski (MN)
Michael L. Kiefer (SD)
Marcus J. Kyle (IA)
Robert C. Moore (PA)
Jedediaha C. Record (WY)
Jessie L. Webster (KY)

    The drivers were included in Docket No. FMCSA-2012-0281. Their 
exemptions are effective as of November 26, 2016 and will expire on 
November 26, 2018.
    Each of the 71 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 
71 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-2010-0288; FMCSA-2012-0281; FMCSA-
2014-0306; FMCSA-2014-0307.
    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: December 8, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-30589 Filed 12-19-16; 8:45 am]
 BILLING CODE 4910-EX-P

92946 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices

Klifford N. Siemens (KS) 224, Washington, DC 20590–0001. IV. Conclusion
Steven R. Smith (ID) Office hours are from 8 a.m. to 5:30 Based upon its evaluation of the 71
Scott E. Tussey (KY) p.m., e.t., Monday through Friday, renewal exemption applications and
Aaron H. Walser (ID) except Federal holidays. If you have that no comments were received,
The drivers were included on the questions regarding viewing or FMCSA confirms its’ decision to exempt
following docket: Docket No. FMCSA– submitting material to the docket, the following drivers from the rule
2012–0216; FMCSA–2014–0296. Their contact Docket Services, telephone (202) prohibiting drivers with ITDM from
exemptions are effective as of October 366–9826. driving CMVs in interstate commerce in
31, 2016 and will expire on October 31, SUPPLEMENTARY INFORMATION: 49 CFR 391.64(3):
2018. As of November 1, 2016, and in
In accordance with 49 U.S.C. 31315, I. Electronic Access
accordance with 49 U.S.C. 31136(e) and
each exemption will be valid for two You may see all the comments online 31315, the following 27 individuals
years from the effective date unless through the Federal Document have satisfied the renewal conditions for
revoked earlier by FMCSA. The Management System (FDMS) at: http:// obtaining an exemption from the rule
exemption will be revoked if the www.regulations.gov. prohibiting drivers with ITDM from
following occurs: (1) The person fails to Docket: For access to the docket to driving CMVs in interstate commerce.
comply with the terms and conditions read background documents or (79 FR 59351; 79 FR 77082):
of the exemption; (2) the exemption has comments, go to http// Noe D. Aguilar (CA)
resulted in a lower level of safety than www.regulations.gov and/or Room David N. Banks (NC)
was maintained prior to being granted; W12–140 on the ground level of the Wayne W. Best (PA)
or (3) continuation of the exemption West Building, 1200 New Jersey Avenue Gregory K. Blythe (IL)
would not be consistent with the goals SE., Washington, DC, between 9 a.m. Justin M. Brown (MT)
and objectives of 49 U.S.C. 31136 and and 5 p.m., e.t., Monday through Friday, Clayton G. Hardwick (KY)
31315. except Federal holidays. Audie C. Holton (GA)
Issued on: December 9, 2016. Privacy Act: In accordance with 5 John F. Kincaid (IL)
Larry W. Minor, U.S.C. 553(c), DOT solicits comments Craig T. LaPresti (PA)
Associate Administrator for Policy. from the public to better inform its Lester M. Lee, Jr. (GA)
[FR Doc. 2016–30592 Filed 12–19–16; 8:45 am]
rulemaking process. DOT posts these Aretha Lewis (VA)
comments, without edit, including any Marvin D. Mathis (NC)
BILLING CODE 4910–EX–P
personal information the commenter Brian M. McFadden (MA)
provides, to http://www.regulations.gov, Sean K. Myhand (GA)
DEPARTMENT OF TRANSPORTATION as described in the system of records Glen R. Parry (NM)
notice (DOT/ALL–14 FDMS), which can George E. Patton (AL)
Federal Motor Carrier Safety be reviewed at http://www.dot.gov/ Michael J. Ramey (CO)
Administration privacy. Richard J. Rasmussen (NE)
Mark L. Rigby (UT)
[Docket No. FMCSA–2010–0288; FMCSA– II. Background Jeffrey K. Roberts (WI)
2012–0281; FMCSA–2014–0306; FMCSA–
On October 20, 2016, FMCSA Marvin A. Ryan (IN)
2014–0307]
published a notice announcing its Eric R. Storm (GA)
Qualification of Drivers; Exemption decision to renew exemptions for 71 Daniel A. Swain (TX)
Applications; Diabetes individuals from the insulin-treated Sean P. Thomas (IN)
diabetes mellitus prohibition in 49 CFR Glenn R. Tyrrell (MN)
AGENCY: Federal Motor Carrier Safety 391.41(b)(3) to operate a CMV in Lewis W. Vaught Jr. (NC)
Administration (FMCSA), DOT. interstate commerce and requested William L. Wiltrout (PA)
ACTION: Notice of final disposition. comments from the public (81 FR The drivers were included in Docket
72658). The public comment period No. FMCSA–2014–0306. Their
SUMMARY: FMCSA announces its ended on November 21, 2016 and no exemptions are effective as of November
decision to renew exemptions of 71 comments were received. 1, 2016 and will expire on November 1,
individuals from its prohibition in the As stated in the previous notice, 2018.
Federal Motor Carrier Safety FMCSA has evaluated the eligibility of As of November 16, 2016, and in
Regulations (FMCSRs) against persons these applicants and determined that accordance with 49 U.S.C. 31136(e) and
with insulin-treated diabetes mellitus renewing these exemptions would 31315, the following 14 individuals
(ITDM) from operating commercial achieve a level of safety equivalent to or have satisfied the renewal conditions for
motor vehicles (CMVs) in interstate greater than the level that would be obtaining an exemption from the rule
commerce. The exemptions enable these achieved by complying with the current prohibiting drivers with ITDM from
individuals with ITDM to continue to regulation 49 CFR 391.41(b)(3). driving CMVs in interstate commerce.
operate CMVs in interstate commerce. The physical qualification standard (75 FR 59788; 75 FR 70077):
DATES: Each group of renewed for drivers regarding diabetes found in Shale W. Anderson (FL)
exemptions was effective on the dates 49 CFR 391.41(b)(3) states that a person Charles L. Arnburg (IA)
stated in the discussions below and will is physically qualified to drive a CMV Ronald D. Ayers (WV)
expire on the dates stated in the if that person has no established
mstockstill on DSK3G9T082PROD with NOTICES

Garrett D. Couch (MI)
discussions below. medical history or clinical diagnosis of Mark W. Garver (MN)
FOR FURTHER INFORMATION CONTACT: Ms. diabetes mellitus currently requiring Donald S. Keller (MI)
Christine A. Hydock, Chief, Medical insulin for control. Jason M. Luper (MO)
Programs Division, 202–366–4001, Harold L. Phillips (OK)
fmcsamedical@dot.gov, FMCSA, III. Discussion of Comments Heath A. Senkel (TX)
Department of Transportation, 1200 FMCSA received no comments in this Roland R. Unruh (KS)
New Jersey Avenue SE., Room W64– preceding. Norman J. VanTuyle II (MI)

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Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices 92947

John M. Warden (TX) monitoring and have not exhibited any to allow CLP holders who have
Donald E. Weadon (MD) medical issues that would compromise successfully passed the CDL skills test
Douglas W. Williams (TN) their ability to safely operate a CMV to be able to drive a CMV without
The drivers were included in Docket during the previous 2-year exemption having a CDL holder seated in the front
No. FMCSA–2010–0288. Their period. seat beside them. Prime states that the
exemptions are effective as of November These factors provide an adequate CDL holder would remain in the CMV
16, 2016 and will expire on November basis for predicting each driver’s ability at all times while the CLP holder is
16, 2018. to continue to drive safely in interstate driving, but not necessarily in the
As of November 22, 2016, and in commerce. Therefore, FMCSA passenger seat. Prime believes that the
accordance with 49 U.S.C. 31136(e) and concludes that extending the exemption exemption, if granted, would promote
31315, the following 21 individuals for each of the 71 drivers for a period greater productivity and help
have satisfied the renewal conditions for of two years is likely to achieve a level individuals who have passed the CDL
obtaining an exemption from the rule of safety equal to that existing without skills test return to actively earning a
prohibiting drivers with ITDM from the exemption. The drivers were living faster, while achieving a level of
driving CMVs in interstate commerce. included in docket numbers FMCSA– safety that is equivalent to or greater
(79 FR 63214; 80 FR 1070): 2010–0288; FMCSA–2012–0281; than the level of safety provided by
Jeffrey S. Argabright (OH) FMCSA–2014–0306; FMCSA–2014– complying with the regulations. FMCSA
James L. Crane (MS) 0307. requests public comment on Prime’s
Donald L. Feltman (MN) In accordance with 49 U.S.C. 31315, application for exemption.
Benjamin T. Filip (ND) each exemption will be valid for two DATES: Comments must be received on
Harold L. Gomez (LA) years from the effective date unless or before January 19, 2017.
Arthur M. Gonzalez (TX) revoked earlier by FMCSA. The ADDRESSES: You may submit comments
William T. Jensen (NJ) exemption will be revoked if the identified by Federal Docket
Robert W. Johnson, Sr. (NY) following occurs: (1) The person fails to Management System (FDMS) Number
Joseph J. Karas (NJ) comply with the terms and conditions FMCSA–2016–0420 by any of the
Randy C. Lee (NY) of the exemption; (2) the exemption has following methods:
John R. Miller II (OR) resulted in a lower level of safety than • Federal eRulemaking Portal:
Robert A. Nicolai (MO) was maintained prior to being granted; www.regulations.gov. See the Public
William P. Pearson, II (WI) or (3) continuation of the exemption Participation and Request for Comments
Alan M. Primus (IA) would not be consistent with the goals section below for further information.
Danny L. Reimers (NM) and objectives of 49 U.S.C. 31136 and • Mail: Docket Management Facility,
Michael L. Reynolds (NC) 31315. U.S. Department of Transportation, 1200
Samuel H. Schmidt (MN) New Jersey Avenue SE., West Building,
Issued on: December 8, 2016.
Timothy W. Selk (AK) Ground Floor, Room W12–140,
Larry W. Minor, Washington, DC 20590–0001.
Dennis J. Stanley (WI)
Steven M. Weimer (PA) Associate Administrator for Policy. • Hand Delivery or Courier: West
Michael L. Westbury (SC) [FR Doc. 2016–30589 Filed 12–19–16; 8:45 am] Building, Ground Floor, Room W12–
The drivers were included in Docket BILLING CODE 4910–EX–P 140, 1200 New Jersey Avenue SE.,
No. FMCSA–2014–0307. Their between 9 a.m. and 5 p.m., Monday
exemptions are effective as of November through Friday, except Federal holidays.
DEPARTMENT OF TRANSPORTATION • Fax: 1–202–493–2251.
22, 2016 and will expire on November
• Each submission must include the
22, 2018. Federal Motor Carrier Safety Agency name and the docket number for
As of November 26, 2016, and in Administration this notice. Note that DOT posts all
accordance with 49 U.S.C. 31136(e) and comments received without change to
31315, the following 9 individuals have 49 CFR Part 395 www.regulations.gov, including any
satisfied the renewal conditions for personal information included in a
obtaining an exemption from the rule [Docket No. FMCSA–2016–0420]
comment. Please see the Privacy Act
prohibiting drivers with ITDM from heading below.
driving CMVs in interstate commerce. Commercial Driver’s License
Standards: Application for Exemption; Docket: For access to the docket to
(77 FR 59447; 77 FR 70529): read background documents or
New Prime, Inc. (Prime)
Charles E. Castle (OH) comments, go to www.regulations.gov at
Larry W. Dearing (IN) AGENCY: Federal Motor Carrier Safety any time or visit Room W12–140 on the
Bradley E. DeWitt (WA) Administration (FMCSA), DOT. ground level of the West Building, 1200
Leonard R. Dobosenski (MN) ACTION: Notice of application for New Jersey Avenue SE., Washington,
Michael L. Kiefer (SD) exemption; request for comments. DC, between 9 a.m. and 5 p.m., ET,
Marcus J. Kyle (IA) Monday through Friday, except Federal
Robert C. Moore (PA) SUMMARY: FMCSA announces that New holidays. The on-line FDMS is available
Jedediaha C. Record (WY) Prime, Inc. (Prime) has applied for an 24 hours each day, 365 days each year.
Jessie L. Webster (KY) exemption from the requirement in 49 Privacy Act: In accordance with 5
The drivers were included in Docket CFR 383.25(a)(1) that a commercial U.S.C. 553(c), DOT solicits comments
No. FMCSA–2012–0281. Their learner’s permit (CLP) holder must be from the public to better inform its
mstockstill on DSK3G9T082PROD with NOTICES

exemptions are effective as of November accompanied by a commercial driver’s rulemaking process. DOT posts these
26, 2016 and will expire on November license (CDL) holder with the proper comments, without edit, including any
26, 2018. CDL class and endorsements seated in personal information the commenter
Each of the 71 drivers in the the front seat of the vehicle while the provides, to www.regulations.gov, as
aforementioned groups qualifies for a CLP holder is operating a commercial described in the system of records
renewal of the exemption. They have motor vehicle (CMV) on public roads or notice (DOT/ALL–14 FDMS), which can
maintained their required medical highways. Prime requests an exemption be reviewed at www.dot.gov/privacy.

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Document Created: 2018-02-14 09:09:47
Document Modified: 2018-02-14 09:09:47

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 92946

81 FR 92946 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 244 (December 20, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration