81_FR_93193 81 FR 92949 - Qualification of Drivers; Exemption Applications; Diabetes

81 FR 92949 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

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

Page Range92949-92952
FR Document2016-30602

FMCSA announces its decision to renew the exemptions of 174 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 244 (Tuesday, December 20, 2016) 
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92949-92952]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30602]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0083; FMCSA-2010-0115; FMCSA-2010-0138; FMCSA-
2012-0108; FMCSA-2012-0109; FMCSA-2014-0016; FMCSA-2014-0017]


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 174 
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-2010-0083; FMCSA-
2010-0115; FMCSA-2010-0138; FMCSA-2012-0108; FMCSA-2012-0109; FMCSA-
2014-0016; FMCSA-2014-0017, 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 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 174 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 174 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. These 174 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.

[[Page 92950]]

    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 July and are 
discussed below.
    As of July 2, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 30 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 25919; 75 FR 
28677; 75 FR 38597; 75 FR 38598):

Spencer W. Alexander (UT)
Cody R. Anderson (MT)
Ronnie L. Barker (GA)
Joseph P. Beagan (RI)
Brian C. Blevins (VA)
John M. Charlton (UT)
Stuart A. Dietz (KS)
Michael G. Eikenberry (IN)
Francisco K. Gallardo (AZ)
Devin S. Gibson (UT)
Jason C. Green (MS)
Kimmy D. Hall (AR)
Edward G. Harbin (AR)
Lewis M. Hendershott (NJ)
Mark E. Henning (NY)
Christopher M. Hultman (WI)
Duane K. Kohls (MN)
John F. Lohmuller (IN)
Jerry A. McMurdy (PA)
Steven L. Miller (ND)
H. A. Miller (OR)
Andrew D. Monson (MN)
Timothy J. Nowak (FL)
Peter J. Pendola (VA)
Ross R. Romano (MI)
Max S. Sklarski (NM)
Jason D. Sweet (CA)
Robert M. Thomson (IL)
James P. Tomasik (PA)
Joseph H. Watkins (IN)

    The drivers were included in Docket No. FMCSA-2010-0083; FMCSA-
2010-0115. Their exemptions are effective as of July 2, 2016 and will 
expire on July 2, 2018.
    As of July 22, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 44 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 29484; 79 FR 
42628):

Curtis D. Andersen (MT)
Thomas E. Armburst (IL)
Michael A. Barrett (MI)
Jerry G. Clise Jr. (MD)
Richard K. Cressman (ND)
Steven W. Dahl (ND)
Shannon D. Eck (KS)
Manuel Fernandez (PA)
Kevin J. Franje (IA)
Michael E. Goldsberry (VA)
Jared P. Greene (OH)
Michael L. Jobe (PA)
Edwin P. Jonas, II (PA)
David W. Jones (MD)
John T. Katcher (CO)
Glenn T. Keller (PA)
Michael G. Keller (CA)
Jay T. Kirschmann (ND)
James L. Laufenberg (ND)
James R. Longo (MD)
Erik M. Mardesen (IA)
Earl W. Meadows (WV)
Ralph H. Mills (MA)
Matthew C. Moberly (KY)
Brant S. Perry (TX)
Zachary A. Petitt (TX)
James W. Restuccio Jr. (NJ)
Pedro Saavedra Garcia (CA)
David Salmond (UT)
Jerry J. Shipley (KS)
Glenn A. Skonberg (SD)
Douglas R. Smith (KS)
Cheryl G. Stephens (DE)
James F. Stewart (PA)
Martin T. Struthers (NE)
Dennis C. Svec (MI)
Larry L. Taff (AR)
Filbert J. Torres (NM)
Jennifer A. Tyson (PA)
Burdette Walker (PA)
Jacob D. Walter (PA)
Richard E. Watkins (NY)
Harold W. Wilson Jr. (SC)
Ronald D. Young (GA)

    The drivers were included in Docket No. FMCSA-2014-0016. Their 
exemptions are effective as of July 22, 2016 and will expire on July 
22, 2018.
    As of July 24, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 18 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 33554; 77 FR 
43417):

Jack D. Alt (NH)
Tony O. Billman (PA)
Tracy M. Dowton (MT)
Anil D. Gharmalker (KS)
Larry A. Hamilton (MO)
Allen K. Kates (NJ)
Andrew L. Lyman (PA)
Nancy A. Plunk (MO)
Victor C. Port (ND)
Scott D. Roles (MN)
Jeffrey A. Ryan (IA)
Keith A. Siekmeier (AK)
Tom L. Simmons (IA)
James H. Stichberry, Jr. (MD)
Loyd J. Wagner (MO)
John F. Watson (IN)
Melvin E. Welch (NJ)
Leroy R. Wille (IA)

    The drivers were included in Docket No. FMCSA-2012-0109. Their 
exemptions are effective as of July 24, 2016 and will expire on July 
24, 2018.
    As of July 25, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 55 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 35844; 79 FR 
51223):

Todd Y. Albright (MT)
John H. Ascheman (MN)
Robert M. Borunda (CA)
Alan F. Brown Jr. (IN)
Theodore W. Burnette (CA)
John Canal (NY)
Anthony C. Cole (WY)
Kevin G. Comstock (MN)
Jacob S. Crawford (GA)
Christopher Dave (MI)
Anthony J. Davis (IN)
Justin J. Day (SD)
Charles G. Denegal (WA)
Wayne H. Dirks (WA)
Charles G. Elliott (IN)
Joseph S. Farrow (MN)
James R. Fiecke (ND)
Eric C. Gambill (OH)
Mark P. Gerrits (WI)
Michael Gilon (NH)
Chance A. Gooch (GA)
Robert L. Harris (IN)
Darrell S. Haynes (PA)
Joseph D. Helget (OR)
Charles D. Henderson (NY)
Marvin S. Howard (OH)
Eric A. Knox (KY)
Erik M. Lindquist (WA)
Thomas K. Linkel (IN)
Christine I. Llewellyn (IL)

[[Page 92951]]

Ryan A. Malandrone (WI)
Thomas J. Manning (MN)
Steve A. Meharry (WA)
Robert A. Miller Jr. (WV)
Ben G. Moore (IL)
Chad M. Morris (NY)
Paul C. Mortenson (WI)
William D. Murray (AL)
Jacob D. Nafziger (OH)
Edward T. Nauer (VA)
Keith W. Nichols (TX)
Colin R. Parmelee (IN)
Matthew P. Sczpanski (OH)
Anthony S. Sobreiro (NJ)
Colby E. Starner (PA)
Daniel E. Stephens (NY)
Bartholomew Taliaferro (PA)
Johnathan D. Truitt (IL)
Rylan P. Wheeler (IL)
Gordon J. White (MO)
Kelly L. Whitley (NC)
Jerry R. Williams (GA)
Charles L. Wojton (PA)
Michelle L. York (WA)
Steven L. Zimmer (OH)

    The drivers were included in Docket No. FMCSA-2014-0017. Their 
exemptions are effective as of July 25, 2016 and will expire on July 
25, 2018.
    As of July 26, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 15 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 33551; 77 FR 
43901):

Larry J. Anderson (MN)
Wade D. Calvin (WA)
Carl A. Candelaria (NM)
Owen R. Dossett (AL)
Jennifer A. Ferguson (SC)
Michael E. Fritz (NV)
Lee A. Haerterich (WI)
Eric W. Holland (CO)
Richard P. Holmen (MN)
Edward Jones (GA)
Paul A. Lacina (ND)
Bradley J. Moore (MO)
Ross W. Petermann (MN)
Randall J. Tatum (MA)
Curtis J. Young (FL)

    The drivers were included in Docket No. FMCSA-2012-0108. Their 
exemptions are effective as of July 26, 2016 and will expire on July 
26, 2018.
    As of July 27, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 12 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 34206; 75 FR 
44049):

Clinton R. Carlson II (RI)
Brandon L. Cheek (NC)
Richard A. Dufton, Jr. (NH)
Kenneth Dunn (IN)
Robert J. Dyxin (IL)
Michael H. Hayden (NY)
John T. Jones (OK)
Blake A.S. Keeten (NE)
Randall L. Koegel (NY)
Worden T. Price (NC)
Gary L. Sager (IL)
Darrel D. Schroeder (KS)

    The drivers were included in Docket No. FMCSA-2010-0138. Their 
exemptions are effective as of July 27, 2016 and will expire on July 
27, 2018.
    Each of the 174 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 
174 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-2010-0083; FMCSA-2010-0115; FMCSA-
2010-0138; FMCSA-2012-0108; FMCSA-2012-0109; FMCSA-2014-0016; FMCSA-
2014-0017.

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 174 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-2010-0083; FMCSA-
2010-0115; FMCSA-2010-0138; FMCSA-2012-0108; FMCSA-2012-0109; FMCSA-
2014-0016; FMCSA-2014-0017 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

[[Page 92952]]

FMCSA-2010-0083; FMCSA-2010-0115; FMCSA-2010-0138; FMCSA-2012-0108; 
FMCSA-2012-0109; FMCSA-2014-0016; FMCSA-2014-0017 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. 2016-30602 Filed 12-19-16; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices 92949 on-the-job operation of a CMV on a individuals from its rule prohibiting addressed, stamped envelope or public road or highway. Anyone who persons with insulin-treated diabetes postcard or print the acknowledgement obtained training and took the CDL mellitus (ITDM) from operating page that appears after submitting skills test near his or her home could go commercial motor vehicles (CMVs) in comments on-line. directly to the licensing agency, collect interstate commerce. FMCSA has Privacy Act: Anyone may search the the CDL, and begin driving without statutory authority to exempt electronic form of all comments onboard supervision. It is only when the individuals from this rule if the received into any of our dockets by the new driver completes the training and exemptions granted will not name of the individual submitting the testing in another State that the trip compromise safety. The Agency has comment (or of the person signing the back to obtain the CDL from the State concluded that granting these comment, if submitted on behalf of an of residence becomes problematic. exemption renewals will provide a level association, business, labor union, etc.). Allowing CLP holders who have passed of safety that is equivalent to or greater You may review DOT’s Privacy Act the skills test to function as a team than the level of safety maintained Statement for the Federal Docket driver on the trip home enables these without the exemptions for these CMV Management System (FDMS) published new operators to continue to sharpen drivers. in the Federal Register on January 17, their driving skills under the mentoring DATES: Each group of renewed 2008 (73 FR 3316). and observation of a more experienced exemptions was effective from the dates FOR FURTHER INFORMATION CONTACT: Ms. driver—and they immediately earn an stated in the discussions below. Christine A. Hydock, Chief, Medical income. Comments must be received on or Programs Division, 202–366–4001, FMCSA has granted an exemption before January 19, 2017. fmcsamedical@dot.gov, FMCSA, similar to the Prime request on two Department of Transportation, 1200 ADDRESSES: You may submit comments prior occasions. In the September 23, New Jersey Avenue SE., Room W64– bearing the Federal Docket Management 2016, Federal Register, FMCSA granted 113, Washington, DC 20590–0001. System (FDMS) numbers: Docket No. a similar exemption from 49 CFR Office hours are from 8 a.m. to 5:30 p.m. FMCSA–2010–0083; FMCSA–2010– 383.25(a)(1) to CRST Expedited (81 FR e.t., Monday through Friday, except 0115; FMCSA–2010–0138; FMCSA– 65696). In the June 11, 2015, Federal Federal holidays. 2012–0108; FMCSA–2012–0109; Register, FMCSA also granted this FMCSA–2014–0016; FMCSA–2014– SUPPLEMENTARY INFORMATION: exemption to C.R. England, Inc. (80 FR 0017, using any of the following Background 33329). Under the terms and conditions methods: of both of these exemptions, a CLP Under 49 U.S.C. 31136(e) and 31315, • Federal eRulemaking Portal: Go to FMCSA may renew an exemption from holder who has documentation of http://www.regulations.gov. Follow the passing the CDL skills test may drive a the Federal Motor Carrier Safety on-line instructions for submitting Regulations 2-year period if it finds CMV for either of these companies comments. without being accompanied by a CDL ‘‘such exemption would likely achieve a • Mail: Docket Management Facility; level of safety that is equivalent to or holder in the front seat of the vehicle. U.S. Department of Transportation, 1200 The Agency believed that both of these greater than the level that would be New Jersey Avenue SE., West Building achieved absent such exemption.’’ The requests for exemption would achieve a Ground Floor, Room W12–140, level of safety that is equivalent to, or statute also allows the Agency to renew Washington, DC 20590–0001. exemptions at the end of the 2-year greater than, the level of safety achieved • Hand Delivery or Courier: West without the exemption. period. The 174 individuals listed in Building Ground Floor, Room W12–140, this notice have recently become A copy of Prime’s application for 1200 New Jersey Avenue SE., exemption is available for review in the eligible for a renewed exemption from Washington, DC, between 9 a.m. and 5 the diabetes prohibition in 49 CFR docket for this notice. p.m. e.t., Monday through Friday, 391.41(b)(3), which applies to drivers of Issued on: December 15, 2016. except Federal Holidays. CMVs in interstate commerce. The Larry W. Minor, • Fax: 1–202–493–2251. drivers remain in good standing with Associate Administrator for Policy. Instructions: Each submission must the Agency, have maintained their [FR Doc. 2016–30633 Filed 12–19–16; 8:45 am] include the Agency name and the required medical monitoring and have BILLING CODE 4910–EX–P docket number for this notice. Note that not exhibited any medical issues that DOT posts all comments received would compromise their ability to safely without change to http:// operate a CMV during the previous 2- DEPARTMENT OF TRANSPORTATION www.regulations.gov, including any year exemption period. personal information included in a Federal Motor Carrier Safety comment. Please see the Privacy Act Exemption Decision Administration heading below. This notice addresses 174 individuals [Docket No. FMCSA–2010–0083; FMCSA– Docket: For access to the docket to who have requested renewal of their 2010–0115; FMCSA–2010–0138; FMCSA– read background documents or exemptions in accordance with FMCSA 2012–0108; FMCSA–2012–0109; FMCSA– comments, go to http:// procedures. These 174 drivers remain in 2014–0016; FMCSA–2014–0017] www.regulations.gov at any time or good standing with the Agency, have Room W12–140 on the ground level of maintained their required medical Qualification of Drivers; Exemption the West Building, 1200 New Jersey monitoring and have not exhibited any Applications; Diabetes Avenue SE., Washington, DC, between 9 medical issues that would compromise mstockstill on DSK3G9T082PROD with NOTICES AGENCY: Federal Motor Carrier Safety a.m. and 5 p.m. e.t, Monday through their ability to safely operate a CMV Administration (FMCSA), DOT. Friday, except Federal holidays. The during the previous 2-year exemption ACTION: Notice of renewal of Federal Docket Management System period. Therefore, FMCSA has decided exemptions; request for comments. (FDMS) is available 24 hours each day, to extend each exemption for a 365 days each year. If you want renewable two-year period. Each SUMMARY: FMCSA announces its acknowledgment that we received your individual is identified according to the decision to renew the exemptions of 174 comments, please include a self- renewal date. VerDate Sep<11>2014 19:36 Dec 19, 2016 Jkt 241001 PO 00000 Frm 00180 Fmt 4703 Sfmt 4703 E:\FR\FM\20DEN1.SGM 20DEN1

92950 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices The exemptions are renewed subject Timothy J. Nowak (FL) As of July 24, 2016, and in accordance to the following conditions: (1) That Peter J. Pendola (VA) with 49 U.S.C. 31136(e) and 31315, the each individual submit a quarterly Ross R. Romano (MI) following 18 individuals have satisfied monitoring checklist completed by the Max S. Sklarski (NM) the renewal conditions for obtaining an treating endocrinologist as well as an Jason D. Sweet (CA) exemption from the rule prohibiting annual checklist with a comprehensive Robert M. Thomson (IL) drivers with ITDM from driving CMVs medical evaluation; (2) that each James P. Tomasik (PA) in interstate commerce. (77 FR 33554; individual reports within 2 business Joseph H. Watkins (IN) 77 FR 43417): days of occurrence, all episodes of The drivers were included in Docket Jack D. Alt (NH) severe hypoglycemia, significant No. FMCSA–2010–0083; FMCSA–2010– Tony O. Billman (PA) complications, or inability to manage 0115. Their exemptions are effective as Tracy M. Dowton (MT) diabetes; also, any involvement in an of July 2, 2016 and will expire on July Anil D. Gharmalker (KS) accident or any other adverse event in 2, 2018. Larry A. Hamilton (MO) a CMV or personal vehicle, whether or As of July 22, 2016, and in accordance Allen K. Kates (NJ) not it is related to an episode of with 49 U.S.C. 31136(e) and 31315, the Andrew L. Lyman (PA) hypoglycemia; (3) that each individual following 44 individuals have satisfied Nancy A. Plunk (MO) submit an annual ophthalmologist’s or the renewal conditions for obtaining an Victor C. Port (ND) optometrist’s report; and (4) that each exemption from the rule prohibiting Scott D. Roles (MN) individual provide a copy of the annual drivers with ITDM from driving CMVs Jeffrey A. Ryan (IA) medical certification to the employer for in interstate commerce. (79 FR 29484; Keith A. Siekmeier (AK) retention in the driver’s qualification 79 FR 42628): Tom L. Simmons (IA) file, or keep a copy in his/her driver’s Curtis D. Andersen (MT) James H. Stichberry, Jr. (MD) qualification file if he/she is self- Thomas E. Armburst (IL) Loyd J. Wagner (MO) employed. The driver must also have a Michael A. Barrett (MI) John F. Watson (IN) copy of the certification when driving, Jerry G. Clise Jr. (MD) Melvin E. Welch (NJ) for presentation to a duly authorized Richard K. Cressman (ND) Leroy R. Wille (IA) Federal, State, or local enforcement Steven W. Dahl (ND) The drivers were included in Docket official. Shannon D. Eck (KS) No. FMCSA–2012–0109. Their Manuel Fernandez (PA) exemptions are effective as of July 24, Basis for Renewing Exemptions Kevin J. Franje (IA) 2016 and will expire on July 24, 2018. Under 49 U.S.C. 31315(b)(1), an Michael E. Goldsberry (VA) As of July 25, 2016, and in accordance exemption may be granted for no longer Jared P. Greene (OH) with 49 U.S.C. 31136(e) and 31315, the than two years from its approval date Michael L. Jobe (PA) following 55 individuals have satisfied and may be renewed upon application Edwin P. Jonas, II (PA) the renewal conditions for obtaining an for additional two year periods. The David W. Jones (MD) exemption from the rule prohibiting following groups of drivers received John T. Katcher (CO) Glenn T. Keller (PA) drivers with ITDM from driving CMVs renewed exemptions in the month of in interstate commerce. (79 FR 35844; July and are discussed below. Michael G. Keller (CA) Jay T. Kirschmann (ND) 79 FR 51223): As of July 2, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the James L. Laufenberg (ND) Todd Y. Albright (MT) following 30 individuals have satisfied James R. Longo (MD) John H. Ascheman (MN) the renewal conditions for obtaining an Erik M. Mardesen (IA) Robert M. Borunda (CA) Earl W. Meadows (WV) Alan F. Brown Jr. (IN) exemption from the rule prohibiting Ralph H. Mills (MA) Theodore W. Burnette (CA) drivers with ITDM from driving CMVs Matthew C. Moberly (KY) John Canal (NY) in interstate commerce. (75 FR 25919; Brant S. Perry (TX) Anthony C. Cole (WY) 75 FR 28677; 75 FR 38597; 75 FR Zachary A. Petitt (TX) Kevin G. Comstock (MN) 38598): James W. Restuccio Jr. (NJ) Jacob S. Crawford (GA) Spencer W. Alexander (UT) Pedro Saavedra Garcia (CA) Christopher Dave (MI) Cody R. Anderson (MT) David Salmond (UT) Anthony J. Davis (IN) Ronnie L. Barker (GA) Jerry J. Shipley (KS) Justin J. Day (SD) Joseph P. Beagan (RI) Glenn A. Skonberg (SD) Charles G. Denegal (WA) Brian C. Blevins (VA) Wayne H. Dirks (WA) Douglas R. Smith (KS) John M. Charlton (UT) Cheryl G. Stephens (DE) Charles G. Elliott (IN) Stuart A. Dietz (KS) James F. Stewart (PA) Joseph S. Farrow (MN) Michael G. Eikenberry (IN) Martin T. Struthers (NE) James R. Fiecke (ND) Francisco K. Gallardo (AZ) Devin S. Gibson (UT) Dennis C. Svec (MI) Eric C. Gambill (OH) Jason C. Green (MS) Larry L. Taff (AR) Mark P. Gerrits (WI) Kimmy D. Hall (AR) Filbert J. Torres (NM) Michael Gilon (NH) Edward G. Harbin (AR) Jennifer A. Tyson (PA) Chance A. Gooch (GA) Lewis M. Hendershott (NJ) Burdette Walker (PA) Robert L. Harris (IN) Jacob D. Walter (PA) Darrell S. Haynes (PA) mstockstill on DSK3G9T082PROD with NOTICES Mark E. Henning (NY) Christopher M. Hultman (WI) Richard E. Watkins (NY) Joseph D. Helget (OR) Duane K. Kohls (MN) Harold W. Wilson Jr. (SC) Charles D. Henderson (NY) John F. Lohmuller (IN) Ronald D. Young (GA) Marvin S. Howard (OH) Jerry A. McMurdy (PA) The drivers were included in Docket Eric A. Knox (KY) Steven L. Miller (ND) No. FMCSA–2014–0016. Their Erik M. Lindquist (WA) H. A. Miller (OR) exemptions are effective as of July 22, Thomas K. Linkel (IN) Andrew D. Monson (MN) 2016 and will expire on July 22, 2018. Christine I. Llewellyn (IL) VerDate Sep<11>2014 19:36 Dec 19, 2016 Jkt 241001 PO 00000 Frm 00181 Fmt 4703 Sfmt 4703 E:\FR\FM\20DEN1.SGM 20DEN1

Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices 92951 Ryan A. Malandrone (WI) Robert J. Dyxin (IL) the medical condition of each applicant Thomas J. Manning (MN) Michael H. Hayden (NY) for an exemption from rule prohibiting Steve A. Meharry (WA) John T. Jones (OK) persons with ITDM from operating Robert A. Miller Jr. (WV) Blake A.S. Keeten (NE) CMVs in interstate commerce. That Ben G. Moore (IL) Randall L. Koegel (NY) information is available by consulting Chad M. Morris (NY) Worden T. Price (NC) the above cited Federal Register Paul C. Mortenson (WI) Gary L. Sager (IL) publications. William D. Murray (AL) Darrel D. Schroeder (KS) Interested parties or organizations Jacob D. Nafziger (OH) The drivers were included in Docket possessing information that would Edward T. Nauer (VA) No. FMCSA–2010–0138. Their otherwise show that any, or all, of these Keith W. Nichols (TX) exemptions are effective as of July 27, drivers are not currently achieving the Colin R. Parmelee (IN) 2016 and will expire on July 27, 2018. statutory level of safety should Matthew P. Sczpanski (OH) Each of the 174 drivers in the immediately notify FMCSA. The Anthony S. Sobreiro (NJ) aforementioned groups qualifies for a Agency will evaluate any adverse Colby E. Starner (PA) renewal of the exemption. They have evidence submitted and, if safety is Daniel E. Stephens (NY) maintained their required medical being compromised or if continuation of Bartholomew Taliaferro (PA) monitoring and have not exhibited any the exemption would not be consistent Johnathan D. Truitt (IL) medical issues that would compromise with the goals and objectives of 49 Rylan P. Wheeler (IL) their ability to safely operate a CMV U.S.C. 31136(e) and 31315, FMCSA will Gordon J. White (MO) during the previous 2-year exemption take immediate steps to revoke the Kelly L. Whitley (NC) period. exemption of a driver. Jerry R. Williams (GA) These factors provide an adequate Charles L. Wojton (PA) basis for predicting each driver’s ability Submitting Comments Michelle L. York (WA) to continue to drive safely in interstate You may submit your comments and Steven L. Zimmer (OH) commerce. Therefore, FMCSA material online or by fax, mail, or hand The drivers were included in Docket concludes that extending the exemption delivery, but please use only one of No. FMCSA–2014–0017. Their for each of the 174 drivers for a period these means. FMCSA recommends that exemptions are effective as of July 25, of two years is likely to achieve a level you include your name and a mailing 2016 and will expire on July 25, 2018. of safety equal to that existing without address, an email address, or a phone As of July 26, 2016, and in accordance the exemption. The drivers were number in the body of your document with 49 U.S.C. 31136(e) and 31315, the included in docket numbers FMCSA– so that FMCSA can contact you if there following 15 individuals have satisfied 2010–0083; FMCSA–2010–0115; are questions regarding your the renewal conditions for obtaining an FMCSA–2010–0138; FMCSA–2012– submission. exemption from the rule prohibiting 0108; FMCSA–2012–0109; FMCSA– To submit your comment online, go to drivers with ITDM from driving CMVs 2014–0016; FMCSA–2014–0017. http://www.regulations.gov and in the in interstate commerce. (77 FR 33551; search box insert the docket numbers Request for Comments 77 FR 43901): FMCSA–2010–0083; FMCSA–2010– FMCSA will review comments 0115; FMCSA–2010–0138; FMCSA– Larry J. Anderson (MN) received at any time concerning a 2012–0108; FMCSA–2012–0109; Wade D. Calvin (WA) particular driver’s safety record and FMCSA–2014–0016; FMCSA–2014– Carl A. Candelaria (NM) determine if the continuation of the 0017 and click the search button. When Owen R. Dossett (AL) exemption is consistent with the the new screen appears, click on the Jennifer A. Ferguson (SC) requirements at 49 U.S.C. 31136(e) and blue ‘‘Comment Now!’’ button on the Michael E. Fritz (NV) 31315. However, FMCSA requests that right hand side of the page. On the new Lee A. Haerterich (WI) interested parties with specific data page, enter information required Eric W. Holland (CO) concerning the safety records of these including the specific section of this Richard P. Holmen (MN) drivers submit comments by January 19, Edward Jones (GA) document to which each comment 2017. applies, and provide a reason for each Paul A. Lacina (ND) FMCSA believes that the Bradley J. Moore (MO) suggestion or recommendation. If you requirements for a renewal of an submit your comments by mail or hand Ross W. Petermann (MN) exemption under 49 U.S.C. 31136(e) and Randall J. Tatum (MA) delivery, submit them in an unbound 31315 can be satisfied by initially format, no larger than 81⁄2 by 11 inches, Curtis J. Young (FL) granting the renewal and then suitable for copying and electronic The drivers were included in Docket requesting and evaluating, if needed, filing. If you submit comments by mail No. FMCSA–2012–0108. Their subsequent comments submitted by and would like to know that they exemptions are effective as of July 26, interested parties. As indicated above, reached the facility, please enclose a 2016 and will expire on July 26, 2018. the Agency previously published stamped, self-addressed postcard or As of July 27, 2016, and in accordance notices of final disposition announcing envelope. with 49 U.S.C. 31136(e) and 31315, the its decision to exempt these 174 We will consider all comments and following 12 individuals have satisfied individuals from rule prohibiting material received during the comment the renewal conditions for obtaining an persons with ITDM from operating period. FMCSA may issue a final exemption from the rule prohibiting CMVs in interstate commerce in 49 CFR mstockstill on DSK3G9T082PROD with NOTICES determination at any time after the close drivers with ITDM from driving CMVs 391.41(b)(3). The final decision to grant of the comment period. in interstate commerce. (75 FR 34206; an exemption to each of these 75 FR 44049): individuals was made on the merits of Viewing Comments and Documents Clinton R. Carlson II (RI) each case and made only after careful To view comments, as well as any Brandon L. Cheek (NC) consideration of the comments received documents mentioned in this preamble, Richard A. Dufton, Jr. (NH) to its notices of applications. The go to http://www.regulations.gov and in Kenneth Dunn (IN) notices of applications stated in detail the search box insert the docket number VerDate Sep<11>2014 19:36 Dec 19, 2016 Jkt 241001 PO 00000 Frm 00182 Fmt 4703 Sfmt 4703 E:\FR\FM\20DEN1.SGM 20DEN1

92952 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices FMCSA–2010–0083; FMCSA–2010– I. Electronic Access following 34 individuals have satisfied 0115; FMCSA–2010–0138; FMCSA– You may see all the comments online the conditions for obtaining a renewed 2012–0108; FMCSA–2012–0109; through the Federal Document exemption from the vision requirements FMCSA–2014–0016; FMCSA–2014– Management System (FDMS) at: http:// (64 FR 68195; 65 FR 20251; 65 FR 0017 and click ‘‘Search.’’ Next, click www.regulations.gov. 45817; 65 FR 77066; 67 FR 17102; 67 FR ‘‘Open Docket Folder’’ and you will find Docket: For access to the docket to 38311; 68 FR 1654; 69 FR 17263; 69 FR all documents and comments related to read background documents or 17267; 69 FR 26921; 69 FR 31447; 70 FR this notice. comments, go to http// 7545; 71 FR 4194; 71 FR 13450; 71 FR Issued on: December 8, 2016. www.regulations.gov and/or Room 16410; 71 FR 27033; 73 FR 6242; 73 FR Larry W. Minor, W12–140 on the ground level of the 9158; 73 FR 11989; 73 FR 16950; 73 FR West Building, 1200 New Jersey Avenue 28186; 74 FR 60022; 74 FR 65842; 75 FR Associate Administrator for Policy. SE., Washington, DC, between 9 a.m. 4623; 75 FR 9477; 75 FR 9480; 75 FR [FR Doc. 2016–30602 Filed 12–19–16; 8:45 am] and 5 p.m., e.t., Monday through Friday, 9482; 75 FR 9484; 75 FR 14656; 75 FR BILLING CODE 4910–EX–P 22176; 75 FR 27623; 75 FR 28682; 77 FR except Federal holidays. Privacy Act: In accordance with 5 10604; 77 FR 10606; 77 FR 13689; 77 FR U.S.C. 553(c), DOT solicits comments 15184; 77 FR 17107; 77 FR 17108; 77 FR DEPARTMENT OF TRANSPORTATION from the public to better inform its 17109; 77 FR 27845; 77 FR 27849; 77 FR Federal Motor Carrier Safety rulemaking process. DOT posts these 27850; 77 FR 29447; 79 FR 1908; 79 FR Administration comments, without edit, including any 10606; 79 FR 10619; 79 FR 14328; 79 FR personal information the commenter 14331; 79 FR 14333; 79 FR 14571; 79 FR provides, to http://www.regulations.gov, 17642; 79 FR 18391; 79 FR 18392; 79 FR [Docket No. FMCSA–1999–6480; FMCSA– as described in the system of records 21996; 79 FR 22003; 79 FR 27043; 79 FR 2000–7363; FMCSA–2004–17195; FMCSA– 2005–23099; FMCSA–2007–0071; FMCSA– notice (DOT/ALL–14 FDMS), which can 28588; 79 FR 29498): 2009–0011; FMCSA–2009–0291; FMCSA– be reviewed at http://www.dot.gov/ Thomas R. Abbott (TN) 2009–0303; FMCSA–2010–0050; FMCSA– privacy. Dean R. Allen (OR) 2011–0379; FMCSA–2011–0380; FMCSA– Robert J. Ambrose (MA) 2012–0040; FMCSA–2012–0104; FMCSA– II. Background Rodney R. Anderson (PA) 2013–0174; FMCSA–2014–0002; FMCSA– On May 9, 2016, FMCSA published a Ernie E. Black (NC) 2014–0003; FMCSA–2014–0004; FMCSA– Gary O. Brady (WV) notice announcing its decision to renew 2014–0005] exemptions for 43 individuals from the Marland L. Brassfield (TX) Qualification of Drivers; Exemption vision requirement in 49 CFR Larry D. Buchanan (NM) Applications; Vision 391.41(b)(10) to operate a CMV in Michael B. Canedy (MN) interstate commerce and requested Melvin D. Clark (GA) AGENCY: Federal Motor Carrier Safety comments from the public (81 FR Dean E. Dexter (SD) Administration (FMCSA), DOT. 28138). The public comment period Scott E. Elliot (NH) ACTION: Notice of final disposition. ended on June 8, 2016 and no comments Rojelio Garcia-Pena (MI) were received. Grant G. Gibson (MN) SUMMARY: FMCSA announces its As stated in the previous notice, Stephen H. Goldcamp (OH) decision to renew exemptions for 43 FMCSA has evaluated the eligibility of Wai F. King (IL) individuals from the vision requirement these applicants and determined that Eric W. Kopmann (MO) in the Federal Motor Carrier Safety renewing these exemptions would Dennis E. Krone (IL) Regulations (FMCSRs) for interstate achieve a level of safety equivalent to or George E. Lewis (OH) commercial motor vehicle (CMV) greater than the level that would be Travis J. Luce (MI) drivers. The exemptions enable these achieved by complying with the current Phillip D. Mathys (OH) individuals to continue to operate CMVs regulation 49 CFR 391.41(b)(10). Thomas J. Mavraganis (IL) in interstate commerce without meeting The physical qualification standard Richard J. McKenzie, Jr. (MD) the vision requirement in one eye. for drivers regarding vision found in 49 Christopher J. Meerten (OR) CFR 391.41(b)(10) states that a person is Jason T. Montoya (NM) DATES: Each group of renewed physically qualified to driver a CMV if Michael Pace (TX) exemptions were effective on the dates Tommy L. Ray, Jr. (AL) that person: stated in the discussions below and will George S. Rayson (OH) expire on the dates stated in the Has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective Joe A. Root (MN) discussions below. Carl D. Short (MO) lenses or visual acuity separately corrected to FOR FURTHER INFORMATION CONTACT: Ms. 20/40 (Snellen) or better with corrective Lewis H. West, Jr. (MA) Christine A. Hydock, Chief, Medical lenses, distant binocular acuity of a least 20/ Donald G. Wilcox (OR) Programs Division, 202–366–4001, 40 (Snellen) in both eyes with or without David E. Williford (NC) fmcsamedical@dot.gov, FMCSA, corrective lenses, field of vision of at least Jimmy S. Zamora, Jr. (TX) Department of Transportation, 1200 70° in the horizontal meridian in each eye, and the ability to recognize the colors of The drivers were included in one of New Jersey Avenue SE., Room W64– the following dockets: Docket Nos. 224, Washington, DC 20590–0001. traffic signals and devices showing red, green, and amber. FMCSA–1999–6480; FMCSA–2000– Office hours are from 8:30 a.m. to 5 7363; FMCSA–2004–17195; FMCSA– mstockstill on DSK3G9T082PROD with NOTICES p.m., e.t., Monday through Friday, III. Discussion of Comments 2005–23099; FMCSA–2007–0071; except Federal holidays. If you have FMCSA received no comments in this FMCSA–2009–0011; FMCSA–2009– questions regarding viewing or preceding. 0291; FMCSA–2009–0303; FMCSA– submitting material to the docket, 2010–0050; FMCSA–2011–0379; contact Docket Services, telephone (202) VI. Conclusion FMCSA–2011–0380; FMCSA–2013– 366–9826. As of June 3, 2016, and in accordance 0174; FMCSA–2014–0002; FMCSA– SUPPLEMENTARY INFORMATION: with 49 U.S.C. 31136(e) and 31315, the 2014–0003; FMCSA–2014–0004. Their VerDate Sep<11>2014 19:36 Dec 19, 2016 Jkt 241001 PO 00000 Frm 00183 Fmt 4703 Sfmt 4703 E:\FR\FM\20DEN1.SGM 20DEN1


Document Created: 2018-02-14 09:09:44
Document Modified: 2018-02-14 09:09:44
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 was effective from the dates stated in the discussions below. Comments must be received on or before January 19, 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. e.t., Monday through Friday, except Federal holidays.
FR Citation81 FR 92949 
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