81_FR_96433 81 FR 96183 - Qualification of Drivers; Exemption Applications; Diabetes

81 FR 96183 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 250 (December 29, 2016)

Page Range96183-96185
FR Document2016-31552

FMCSA announces its decision to renew the exemptions of 130 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 250 (Thursday, December 29, 2016)
[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Notices]
[Pages 96183-96185]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31552]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0355; FMCSA-2010-0386; FMCSA-2012-0347; FMCSA-
2012-0348; FMCSA-2014-0310; FMCSA-2014-0311]


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 130 
individuals from its rule prohibiting persons with insulin-treated 
diabetes mellitus (ITDM) from operating commercial motor vehicles 
(CMVs) in interstate commerce. FMCSA has statutory authority to exempt 
individuals from this rule if the exemptions granted will not 
compromise safety. The Agency has concluded that granting these 
exemption renewals will provide a level of safety that is equivalent to 
or greater than the level of safety maintained without the exemptions 
for these CMV drivers.

DATES: Each group of renewed exemptions are effective from the dates 
stated in the discussions below. Comments must be received on or before 
January 30, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. FMCSA-2010-0355; FMCSA-
2010-0386; FMCSA-2012-0347; FMCSA-2012-0348; FMCSA-2014-0310; FMCSA-
2014-0311 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 130 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 130 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. These 130 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

[[Page 96184]]

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 January and are 
discussed below.
    As of January 9, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 7 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 65931; 78 FR 
1926):

Thomas L. Graber (PA)
Jeremiah S. Johnson (ND)
Henry P. Musgrove, Jr. (WA)
Henry W. Rutschow (OH)
Michael L. Sabin (IL),
Patrick E. Snyder (NY)
Odell Williams (NC)

    The drivers were included in Docket No. FMCSA-2012-0347. Their 
exemptions are effective as of January 9, 2017 and will expire on 
January 9, 2019.
    As of January 10, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 9 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (75 FR 69734; 76 FR 
1495):

Jerry A. Barber (NY)
Julie A. Brandvold (ND)
Terry D. Cunningham (OH)
Dean A. Dalessandro (MA)
Albert H. Feldt (MO)
Christopher J. Grause (SD)
Shannon A. Griffin (MO)
Mathew M. Rollins (SC)
James H. Smith (DC)

    The drivers were included in Docket No. FMCSA-2010-0355. Their 
exemptions are effective as of January 10, 2017 and will expire on 
January 10, 2019.
    As of January 15, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 40 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 74159; 80 FR 
8926):

Eric D. Ambler (WI)
Clay B. Anderson (IL)
Gregory C. Bartley (PA)
Aaron M. Batts (NC)
Nathan R. Batzel (MN)
Michael R. Bell (MD)
Jerry A. Cox, Sr. (LA)
Lloyd F. Cuckow (CO)
Kenneth B. Dennard (GA)
Eric Q. Dickerson (IN)
James P. Dreifuerst (WI)
Domenic R. Folino (PA)
Howard M. Hammel (NJ)
Derrick D. Harris (IL)
Kevin R. Johnson (MI)
David J. Long (PA)
David P. Magee (MO)
Gary F. Marson (WI)
James A. Meridith (MI)
Richard A. Moore (PA)
Keith B. Muehler (ND)
John K. Murray (NY)
John D. Pede, Jr. (PA)
John F. Prophet (FL)
Dominic F. Quartullo (WI)
Michael E. Reed (IA)
Carlos B. Rodriguez (NY)
David J. Sierra (NJ)
Roger E. Smith (IA)
Terrell W. Smith (PA)
Anthony L. Spratto (WI)
Timothy R. Stephens (KS)
Howard C. Stines (TN)
Christopher E. Swanson (CA)
Diana C. Tabala (NY)
Brewster E. Thurston (VT)
Phillip J. Ulmer (LA)
Charles A. Walker (IL)
John D. Weaver (WY)
Leroy D. Yost (IA)

    The drivers were included in Docket No. FMCSA-2014-0310. Their 
exemptions are effective as of January 15, 2017 and will expire on 
January 15, 2019.
    As of January 25, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 16 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 70530; 78 FR 
5559):

Randle A. Badertscher (WY)
Jerol G. Fox (DE)
Michael S. Freeman (OR)
Harold D. Grimes (MI)
Douglas W. Hunderman (MI)
Robert L. Johnson, Jr. (VA)
George R. Miller III (PA)
Ronald G. Monroe (IN)
Israel Ramos (NY)
Jed Ramsey (ID)
Raymond E. Richardson (MD)
Craig W. Schafer (DE)
Stephen L. Schug (FL)
Shawn M. Seeley (CT)
Mark S. Shepherd (MA)
L. Everett Stamper (IN)

The drivers were included in Docket No. FMCSA-2012-0348. Their 
exemptions are effective as of January 25, 2017 and will expire on 
January 25, 2019.
    As of January 28, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 9 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (75 FR 77947; 76 FR 
5243):

James T. Bezold (KY)
Allen C. Cornelius, Jr. (DE)
Eugene M. Johnson (NY)
Michael A. McHenry (IN)
Gregory S. Myers (PA)
Richard D. Peterson, Jr. (MN)
Rudolph Q. Redd (IL)
Chad A. Sanders (IN)
Mark A. Sawyer (IN)

    The drivers were included in Docket No. FMCSA-2012-0386. Their 
exemptions are effective as of January 28, 2017 and will expire on 
January 28, 2019.
    As of January 31, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 49 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 78938; 80 FR 
12545):

Joseph L. Allen (TX)
Wayne A. Aukes (MN)
Freddie W. Bermudez, Jr. (IL)
Darrell K. Blanton (NC)
Richard A. Boor (VA)
Stephen R. Brown (NH)
Kenneth E. Chastain (TN)
Jeffery C. Colbert (AR)
Kenny L. Dickerson (GA)
James M. DiClaudio (NJ)
Steven A. Dion (NY)
Dean R. Duquette (ME)
Joseph J. Eckstrom (NY)
Morgan D. Hale, Jr. (KY)
James J. Hartman (SD)
Dale H. Hintz (WI)
Benjamin D. Horton (VA)
Danny R. Jackson, Jr. (OR)
Brian C. Jagdman (MD)
Terry J. Johnson (MD)
Robert L. Johnson, Jr. (OK)
Michael W. Jones (NJ)
Carl J. Kern, Jr. (PA)
Monte J. Lakosky (MI)
Aaron J. Larson (WI)
Jeffrey G. Lawrence (AR)
Leo D. Maggioli (MA)
Ryan M. McClatchey (TN)
Carl A. Mears, Jr. (VT)

[[Page 96185]]

Robert P. Miller (WI)
Nicholas M. Palocy (VT)
John D. Patterson (OH)
Michael W. Perez (OH)
Jerry Platero (NM)
Darrell K. Rau (IA)
Andrew B. Renninger (PA)
Ryan T. Rock (ID)
Wilfredo Rodriguez (NY)
Mark A. Santana (PA)
Donald E. Scovil (NH)
David E. Shinen (CA)
Patrick A. Shryock (AR)
Joshua C. Thompson (AZ)
Jeffrey D. Thomson (WI)
Marshall L. Wainwright (IL)
Glenn P. Whitehouse (PA)
Jennifer R. Williams (PA)
John E. Yates (IN)
Jeffrey S. Zimmer (NH)

    The drivers were included in Docket No. FMCSA-2014-0311. Their 
exemptions are effective as of January 31, 2017 and will expire on 
January 31, 2019.
    Each of the 130 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 
130 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-2010-0355; FMCSA-2010-0386; FMCSA-
2012-0347; FMCSA-2012-0348; FMCSA-2014-0310; FMCSA-2014-0311.

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 30, 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 130 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-2010-0355; FMCSA-
2010-0386; FMCSA-2012-0347; FMCSA-2012-0348; FMCSA-2014-0310; FMCSA-
2014-0311 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-2010-0355; FMCSA-2010-0386; FMCSA-2012-0347; 
FMCSA-2012-0348; FMCSA-2014-0310; FMCSA-2014-0311 and click ``Search.'' 
Next, click ``Open Docket Folder'' and you will find all documents and 
comments related to this notice.

    Issued on: December 15, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-31552 Filed 12-28-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                              Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices                                          96183

                                                    Viewing Comments and Documents                          DATES:  Each group of renewed                         FOR FURTHER INFORMATION CONTACT:     Ms.
                                                       To view comments, as well as any                     exemptions are effective from the dates               Christine A. Hydock, Chief, Medical
                                                    documents mentioned in this preamble,                   stated in the discussions below.                      Programs Division, 202–366–4001,
                                                    go to http://www.regulations.gov and in                 Comments must be received on or                       fmcsamedical@dot.gov, FMCSA,
                                                    the search box insert the docket number                 before January 30, 2017.                              Department of Transportation, 1200
                                                                                                            ADDRESSES: You may submit comments                    New Jersey Avenue SE., Room W64–
                                                    FMCSA–1998–3637; FMCSA–2000–
                                                                                                            bearing the Federal Docket Management                 113, Washington, DC 20590–0001.
                                                    7006; FMCSA–2000–7363; FMCSA–
                                                                                                            System (FDMS) numbers: Docket No.                     Office hours are from 8 a.m. to 5:30 p.m.
                                                    2004–18885; FMCSA–2005–21254;
                                                                                                            FMCSA–2010–0355; FMCSA–2010–                          e.t., Monday through Friday, except
                                                    FMCSA–2006–24783; FMCSA–2008–
                                                                                                            0386; FMCSA–2012–0347; FMCSA–                         Federal holidays.
                                                    0106; FMCSA–2008–0231; FMCSA–
                                                    2008–0266; FMCSA–2008–0292;                             2012–0348; FMCSA–2014–0310;                           SUPPLEMENTARY INFORMATION:
                                                    FMCSA–2009–0219; FMCSA–2010–                            FMCSA–2014–0311 using any of the                      Background
                                                    0082; FMCSA–2010–0114; FMCSA–                           following methods:
                                                                                                              • Federal eRulemaking Portal: Go to                    Under 49 U.S.C. 31136(e) and 31315,
                                                    2010–0161; FMCSA–2010–0187;                                                                                   FMCSA may renew an exemption from
                                                    FMCSA–2010–0327; FMCSA–2011–                            http://www.regulations.gov. Follow the
                                                                                                            on-line instructions for submitting                   the Federal Motor Carrier Safety
                                                    0124; FMCSA–2011–0380; FMCSA–                                                                                 Regulations 2-year period if it finds
                                                    2012–0160; FMCSA–2012–0214;                             comments.
                                                                                                              • Mail: Docket Management Facility;                 ‘‘such exemption would likely achieve a
                                                    FMCSA–2012–0215; FMCSA–2012–                                                                                  level of safety that is equivalent to or
                                                    0279; FMCSA–2012–0280; FMCSA–                           U.S. Department of Transportation, 1200
                                                                                                            New Jersey Avenue SE., West Building                  greater than the level that would be
                                                    2014–0003; FMCSA–2014–0005;                                                                                   achieved absent such exemption.’’ The
                                                    FMCSA–2014–0006; FMCSA–2014–                            Ground Floor, Room W12–140,
                                                                                                            Washington, DC 20590–0001.                            statute also allows the Agency to renew
                                                    0010; FMCSA–2014–0011; FMCSA–                                                                                 exemptions at the end of the 2-year
                                                    2014–0296; FMCSA–2014–0298 and                            • Hand Delivery or Courier: West
                                                                                                                                                                  period. The 130 individuals listed in
                                                    click ‘‘Search.’’ Next, click ‘‘Open                    Building Ground Floor, Room W12–140,
                                                                                                                                                                  this notice have recently become
                                                    Docket Folder’’ and you will find all                   1200 New Jersey Avenue SE.,
                                                                                                                                                                  eligible for a renewed exemption from
                                                    documents and comments related to this                  Washington, DC, between 9 a.m. and 5
                                                                                                                                                                  the diabetes prohibition in 49 CFR
                                                    notice.                                                 p.m., e.t., Monday through Friday,
                                                                                                                                                                  391.41(b)(3), which applies to drivers of
                                                                                                            except Federal Holidays.
                                                      Issued on: December 21, 2016.                                                                               CMVs in interstate commerce. The
                                                                                                              • Fax: 1–202–493–2251.
                                                    Larry W. Minor,                                                                                               drivers remain in good standing with
                                                                                                              Instructions: Each submission must
                                                    Associate Administrator for Policy.                                                                           the Agency, have maintained their
                                                                                                            include the Agency name and the
                                                    [FR Doc. 2016–31555 Filed 12–28–16; 8:45 am]
                                                                                                                                                                  required medical monitoring and have
                                                                                                            docket number for this notice. Note that              not exhibited any medical issues that
                                                    BILLING CODE 4910–EX–P                                  DOT posts all comments received                       would compromise their ability to safely
                                                                                                            without change to http://                             operate a CMV during the previous 2-
                                                                                                            www.regulations.gov, including any                    year exemption period.
                                                    DEPARTMENT OF TRANSPORTATION                            personal information included in a
                                                                                                            comment. Please see the Privacy Act                   Exemption Decision
                                                    Federal Motor Carrier Safety
                                                                                                            heading below.                                           This notice addresses 130 individuals
                                                    Administration
                                                                                                              Docket: For access to the docket to                 who have requested renewal of their
                                                    [Docket No. FMCSA–2010–0355; FMCSA–                     read background documents or                          exemptions in accordance with FMCSA
                                                    2010–0386; FMCSA–2012–0347; FMCSA–                      comments, go to http://                               procedures. These 130 drivers remain in
                                                    2012–0348; FMCSA–2014–0310; FMCSA–                      www.regulations.gov at any time or                    good standing with the Agency, have
                                                    2014–0311]                                              Room W12–140 on the ground level of                   maintained their required medical
                                                                                                            the West Building, 1200 New Jersey                    monitoring and have not exhibited any
                                                    Qualification of Drivers; Exemption
                                                                                                            Avenue SE., Washington, DC, between 9                 medical issues that would compromise
                                                    Applications; Diabetes
                                                                                                            a.m. and 5 p.m., e.t., Monday through                 their ability to safely operate a CMV
                                                    AGENCY: Federal Motor Carrier Safety                    Friday, except Federal holidays. The                  during the previous 2-year exemption
                                                    Administration (FMCSA), DOT.                            Federal Docket Management System                      period. Therefore, FMCSA has decided
                                                    ACTION: Notice of renewal of                            (FDMS) is available 24 hours each day,                to extend each exemption for a
                                                    exemptions; request for comments.                       365 days each year. If you want                       renewable two-year period. Each
                                                                                                            acknowledgment that we received your                  individual is identified according to the
                                                    SUMMARY:   FMCSA announces its                          comments, please include a self-                      renewal date.
                                                    decision to renew the exemptions of 130                 addressed, stamped envelope or                           The exemptions are renewed subject
                                                    individuals from its rule prohibiting                   postcard or print the acknowledgement                 to the following conditions: (1) That
                                                    persons with insulin-treated diabetes                   page that appears after submitting                    each individual submit a quarterly
                                                    mellitus (ITDM) from operating                          comments on-line.                                     monitoring checklist completed by the
                                                    commercial motor vehicles (CMVs) in                       Privacy Act: Anyone may search the                  treating endocrinologist as well as an
                                                    interstate commerce. FMCSA has                          electronic form of all comments                       annual checklist with a comprehensive
                                                    statutory authority to exempt                           received into any of our dockets by the               medical evaluation; (2) that each
                                                    individuals from this rule if the                       name of the individual submitting the                 individual reports within 2 business
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                                                    exemptions granted will not                             comment (or of the person signing the                 days of occurrence, all episodes of
                                                    compromise safety. The Agency has                       comment, if submitted on behalf of an                 severe hypoglycemia, significant
                                                    concluded that granting these                           association, business, labor union, etc.).            complications, or inability to manage
                                                    exemption renewals will provide a level                 You may review DOT’s Privacy Act                      diabetes; also, any involvement in an
                                                    of safety that is equivalent to or greater              Statement for the Federal Docket                      accident or any other adverse event in
                                                    than the level of safety maintained                     Management System (FDMS) published                    a CMV or personal vehicle, whether or
                                                    without the exemptions for these CMV                    in the Federal Register on January 17,                not it is related to an episode of
                                                    drivers.                                                2008 (73 FR 3316).                                    hypoglycemia; (3) that each individual


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                                                    96184                     Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices

                                                    submit an annual ophthalmologist’s or                   prohibiting drivers with ITDM from                    Stephen L. Schug (FL)
                                                    optometrist’s report; and (4) that each                 driving CMVs in interstate commerce                   Shawn M. Seeley (CT)
                                                    individual provide a copy of the annual                 (79 FR 74159; 80 FR 8926):                            Mark S. Shepherd (MA)
                                                    medical certification to the employer for               Eric D. Ambler (WI)                                   L. Everett Stamper (IN)
                                                    retention in the driver’s qualification                 Clay B. Anderson (IL)                                 The drivers were included in Docket
                                                    file, or keep a copy in his/her driver’s                Gregory C. Bartley (PA)                                  No. FMCSA–2012–0348. Their
                                                    qualification file if he/she is self-                   Aaron M. Batts (NC)                                      exemptions are effective as of January
                                                    employed. The driver must also have a                   Nathan R. Batzel (MN)                                    25, 2017 and will expire on January
                                                    copy of the certification when driving,                 Michael R. Bell (MD)                                     25, 2019.
                                                    for presentation to a duly authorized                   Jerry A. Cox, Sr. (LA)                                   As of January 28, 2017, and in
                                                    Federal, State, or local enforcement                    Lloyd F. Cuckow (CO)                                  accordance with 49 U.S.C. 31136(e) and
                                                    official.                                               Kenneth B. Dennard (GA)                               31315, the following 9 individuals have
                                                    Basis for Renewing Exemptions                           Eric Q. Dickerson (IN)                                satisfied the renewal conditions for
                                                                                                            James P. Dreifuerst (WI)                              obtaining an exemption from the rule
                                                      Under 49 U.S.C. 31315(b)(1), an                       Domenic R. Folino (PA)                                prohibiting drivers with ITDM from
                                                    exemption may be granted for no longer                  Howard M. Hammel (NJ)                                 driving CMVs in interstate commerce
                                                    than two years from its approval date                   Derrick D. Harris (IL)                                (75 FR 77947; 76 FR 5243):
                                                    and may be renewed upon application                     Kevin R. Johnson (MI)                                 James T. Bezold (KY)
                                                    for additional two year periods. The                    David J. Long (PA)                                    Allen C. Cornelius, Jr. (DE)
                                                    following groups of drivers received                    David P. Magee (MO)                                   Eugene M. Johnson (NY)
                                                    renewed exemptions in the month of                      Gary F. Marson (WI)                                   Michael A. McHenry (IN)
                                                    January and are discussed below.                        James A. Meridith (MI)                                Gregory S. Myers (PA)
                                                      As of January 9, 2017, and in                         Richard A. Moore (PA)                                 Richard D. Peterson, Jr. (MN)
                                                    accordance with 49 U.S.C. 31136(e) and                  Keith B. Muehler (ND)                                 Rudolph Q. Redd (IL)
                                                    31315, the following 7 individuals have                 John K. Murray (NY)                                   Chad A. Sanders (IN)
                                                    satisfied the renewal conditions for                    John D. Pede, Jr. (PA)                                Mark A. Sawyer (IN)
                                                    obtaining an exemption from the rule                    John F. Prophet (FL)                                     The drivers were included in Docket
                                                    prohibiting drivers with ITDM from                      Dominic F. Quartullo (WI)                             No. FMCSA–2012–0386. Their
                                                    driving CMVs in interstate commerce                     Michael E. Reed (IA)                                  exemptions are effective as of January
                                                    (77 FR 65931; 78 FR 1926):                              Carlos B. Rodriguez (NY)                              28, 2017 and will expire on January 28,
                                                    Thomas L. Graber (PA)                                   David J. Sierra (NJ)                                  2019.
                                                    Jeremiah S. Johnson (ND)                                Roger E. Smith (IA)                                      As of January 31, 2017, and in
                                                    Henry P. Musgrove, Jr. (WA)                             Terrell W. Smith (PA)                                 accordance with 49 U.S.C. 31136(e) and
                                                    Henry W. Rutschow (OH)                                  Anthony L. Spratto (WI)                               31315, the following 49 individuals
                                                    Michael L. Sabin (IL),                                  Timothy R. Stephens (KS)                              have satisfied the renewal conditions for
                                                    Patrick E. Snyder (NY)                                  Howard C. Stines (TN)                                 obtaining an exemption from the rule
                                                    Odell Williams (NC)                                     Christopher E. Swanson (CA)                           prohibiting drivers with ITDM from
                                                      The drivers were included in Docket                   Diana C. Tabala (NY)                                  driving CMVs in interstate commerce
                                                    No. FMCSA–2012–0347. Their                              Brewster E. Thurston (VT)                             (79 FR 78938; 80 FR 12545):
                                                    exemptions are effective as of January 9,               Phillip J. Ulmer (LA)
                                                                                                            Charles A. Walker (IL)                                Joseph L. Allen (TX)
                                                    2017 and will expire on January 9, 2019.                                                                      Wayne A. Aukes (MN)
                                                      As of January 10, 2017, and in                        John D. Weaver (WY)
                                                                                                            Leroy D. Yost (IA)                                    Freddie W. Bermudez, Jr. (IL)
                                                    accordance with 49 U.S.C. 31136(e) and                                                                        Darrell K. Blanton (NC)
                                                    31315, the following 9 individuals have                    The drivers were included in Docket                Richard A. Boor (VA)
                                                    satisfied the renewal conditions for                    No. FMCSA–2014–0310. Their                            Stephen R. Brown (NH)
                                                    obtaining an exemption from the rule                    exemptions are effective as of January                Kenneth E. Chastain (TN)
                                                    prohibiting drivers with ITDM from                      15, 2017 and will expire on January 15,               Jeffery C. Colbert (AR)
                                                    driving CMVs in interstate commerce                     2019.                                                 Kenny L. Dickerson (GA)
                                                    (75 FR 69734; 76 FR 1495):                                 As of January 25, 2017, and in                     James M. DiClaudio (NJ)
                                                    Jerry A. Barber (NY)                                    accordance with 49 U.S.C. 31136(e) and                Steven A. Dion (NY)
                                                    Julie A. Brandvold (ND)                                 31315, the following 16 individuals                   Dean R. Duquette (ME)
                                                    Terry D. Cunningham (OH)                                have satisfied the renewal conditions for             Joseph J. Eckstrom (NY)
                                                    Dean A. Dalessandro (MA)                                obtaining an exemption from the rule                  Morgan D. Hale, Jr. (KY)
                                                    Albert H. Feldt (MO)                                    prohibiting drivers with ITDM from                    James J. Hartman (SD)
                                                    Christopher J. Grause (SD)                              driving CMVs in interstate commerce                   Dale H. Hintz (WI)
                                                    Shannon A. Griffin (MO)                                 (77 FR 70530; 78 FR 5559):                            Benjamin D. Horton (VA)
                                                    Mathew M. Rollins (SC)                                  Randle A. Badertscher (WY)                            Danny R. Jackson, Jr. (OR)
                                                    James H. Smith (DC)                                     Jerol G. Fox (DE)                                     Brian C. Jagdman (MD)
                                                      The drivers were included in Docket                   Michael S. Freeman (OR)                               Terry J. Johnson (MD)
                                                    No. FMCSA–2010–0355. Their                              Harold D. Grimes (MI)                                 Robert L. Johnson, Jr. (OK)
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                                                    exemptions are effective as of January                  Douglas W. Hunderman (MI)                             Michael W. Jones (NJ)
                                                    10, 2017 and will expire on January 10,                 Robert L. Johnson, Jr. (VA)                           Carl J. Kern, Jr. (PA)
                                                    2019.                                                   George R. Miller III (PA)                             Monte J. Lakosky (MI)
                                                      As of January 15, 2017, and in                        Ronald G. Monroe (IN)                                 Aaron J. Larson (WI)
                                                    accordance with 49 U.S.C. 31136(e) and                  Israel Ramos (NY)                                     Jeffrey G. Lawrence (AR)
                                                    31315, the following 40 individuals                     Jed Ramsey (ID)                                       Leo D. Maggioli (MA)
                                                    have satisfied the renewal conditions for               Raymond E. Richardson (MD)                            Ryan M. McClatchey (TN)
                                                    obtaining an exemption from the rule                    Craig W. Schafer (DE)                                 Carl A. Mears, Jr. (VT)


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                                                                              Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices                                                96185

                                                    Robert P. Miller (WI)                                   the Agency previously published                       facility, please enclose a stamped, self-
                                                    Nicholas M. Palocy (VT)                                 notices of final disposition announcing               addressed postcard or envelope.
                                                    John D. Patterson (OH)                                  its decision to exempt these 130                        We will consider all comments and
                                                    Michael W. Perez (OH)                                   individuals from rule prohibiting                     material received during the comment
                                                    Jerry Platero (NM)                                      persons with ITDM from operating                      period. FMCSA may issue a final
                                                    Darrell K. Rau (IA)                                     CMVs in interstate commerce in 49 CFR                 determination at any time after the close
                                                    Andrew B. Renninger (PA)                                391.41(b)(3). The final decision to grant             of the comment period.
                                                    Ryan T. Rock (ID)                                       an exemption to each of these
                                                    Wilfredo Rodriguez (NY)                                                                                       Viewing Comments and Documents
                                                                                                            individuals was made on the merits of
                                                    Mark A. Santana (PA)                                    each case and made only after careful                   To view comments, as well as any
                                                    Donald E. Scovil (NH)                                   consideration of the comments received                documents mentioned in this preamble,
                                                    David E. Shinen (CA)                                    to its notices of applications. The                   go to http://www.regulations.gov and in
                                                    Patrick A. Shryock (AR)                                                                                       the search box insert the docket number
                                                                                                            notices of applications stated in detail
                                                    Joshua C. Thompson (AZ)                                                                                       FMCSA–2010–0355; FMCSA–2010–
                                                    Jeffrey D. Thomson (WI)                                 the medical condition of each applicant
                                                                                                            for an exemption from rule prohibiting                0386; FMCSA–2012–0347; FMCSA–
                                                    Marshall L. Wainwright (IL)                                                                                   2012–0348; FMCSA–2014–0310;
                                                    Glenn P. Whitehouse (PA)                                persons with ITDM from operating
                                                                                                            CMVs in interstate commerce. That                     FMCSA–2014–0311 and click ‘‘Search.’’
                                                    Jennifer R. Williams (PA)
                                                                                                            information is available by consulting                Next, click ‘‘Open Docket Folder’’ and
                                                    John E. Yates (IN)
                                                    Jeffrey S. Zimmer (NH)                                  the above cited Federal Register                      you will find all documents and
                                                                                                            publications.                                         comments related to this notice.
                                                       The drivers were included in Docket
                                                    No. FMCSA–2014–0311. Their                                 Interested parties or organizations                  Issued on: December 15, 2016.
                                                    exemptions are effective as of January                  possessing information that would                     Larry W. Minor,
                                                    31, 2017 and will expire on January 31,                 otherwise show that any, or all, of these             Associate Administrator for Policy.
                                                    2019.                                                   drivers are not currently achieving the               [FR Doc. 2016–31552 Filed 12–28–16; 8:45 am]
                                                       Each of the 130 drivers in the                       statutory level of safety should                      BILLING CODE 4910–EX–P
                                                    aforementioned groups qualifies for a                   immediately notify FMCSA. The
                                                    renewal of the exemption. They have                     Agency will evaluate any adverse
                                                    maintained their required medical                       evidence submitted and, if safety is                  DEPARTMENT OF TRANSPORTATION
                                                    monitoring and have not exhibited any                   being compromised or if continuation of
                                                    medical issues that would compromise                    the exemption would not be consistent                 Federal Motor Carrier Safety
                                                    their ability to safely operate a CMV                   with the goals and objectives of 49                   Administration
                                                    during the previous 2-year exemption                    U.S.C. 31136(e) and 31315, FMCSA will
                                                                                                                                                                  [FMCSA Docket No. FMCSA–2016–0222]
                                                    period.                                                 take immediate steps to revoke the
                                                       These factors provide an adequate                    exemption of a driver.                                Qualification of Drivers; Exemption
                                                    basis for predicting each driver’s ability              Submitting Comments                                   Applications; Diabetes Mellitus
                                                    to continue to drive safely in interstate
                                                    commerce. Therefore, FMCSA                                 You may submit your comments and                   AGENCY: Federal Motor Carrier Safety
                                                    concludes that extending the exemption                  material online or by fax, mail, or hand              Administration (FMCSA), DOT
                                                    for each of the 130 drivers for a period                delivery, but please use only one of                  ACTION: Notice of final disposition.
                                                    of two years is likely to achieve a level               these means. FMCSA recommends that
                                                                                                            you include your name and a mailing                   SUMMARY:   FMCSA confirms its decision
                                                    of safety equal to that existing without
                                                                                                            address, an email address, or a phone                 to exempt 43 individuals from its rule
                                                    the exemption. The drivers were
                                                                                                            number in the body of your document                   prohibiting persons with insulin-treated
                                                    included in docket numbers FMCSA–
                                                                                                            so that FMCSA can contact you if there                diabetes mellitus (ITDM) from operating
                                                    2010–0355; FMCSA–2010–0386;
                                                                                                            are questions regarding your                          commercial motor vehicles (CMVs) in
                                                    FMCSA–2012–0347; FMCSA–2012–
                                                                                                            submission.                                           interstate commerce. The exemptions
                                                    0348; FMCSA–2014–0310; FMCSA–
                                                                                                               To submit your comment online, go to               enable these individuals to operate
                                                    2014–0311.
                                                                                                            http://www.regulations.gov and in the                 CMVs in interstate commerce.
                                                    Request for Comments                                    search box insert the docket numbers                  DATES: The exemptions were effective
                                                      FMCSA will review comments                            FMCSA–2010–0355; FMCSA–2010–                          on November 22, 2016. The exemptions
                                                    received at any time concerning a                       0386; FMCSA–2012–0347; FMCSA–                         expire on November 22, 2018.
                                                    particular driver’s safety record and                   2012–0348; FMCSA–2014–0310;                           FOR FURTHER INFORMATION CONTACT: Ms.
                                                    determine if the continuation of the                    FMCSA–2014–0311 and click the search                  Christine A. Hydock, Chief, Medical
                                                    exemption is consistent with the                        button. When the new screen appears,                  Programs Division, (202) 366–4001,
                                                    requirements at 49 U.S.C. 31136(e) and                  click on the blue ‘‘Comment Now!’’                    fmcsamedical@dot.gov, FMCSA,
                                                    31315. However, FMCSA requests that                     button on the right hand side of the                  Department of Transportation, 1200
                                                    interested parties with specific data                   page. On the new page, enter                          New Jersey Avenue SE., Room W64–
                                                    concerning the safety records of these                  information required including the                    113, Washington, DC 20590–0001.
                                                    drivers submit comments by January 30,                  specific section of this document to                  Office hours are from 8:30 a.m. to 5 p.m.
                                                    2017.                                                   which each comment applies, and                       e.t., Monday through Friday, except
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                      FMCSA believes that the                               provide a reason for each suggestion or               Federal holidays.
                                                    requirements for a renewal of an                        recommendation. If you submit your                    SUPPLEMENTARY INFORMATION:
                                                    exemption under 49 U.S.C. 31136(e) and                  comments by mail or hand delivery,
                                                    31315 can be satisfied by initially                     submit them in an unbound format, no                  I. Electronic Access
                                                    granting the renewal and then                           larger than 81⁄2 by 11 inches, suitable for             You may see all the comments online
                                                    requesting and evaluating, if needed,                   copying and electronic filing. If you                 through the Federal Document
                                                    subsequent comments submitted by                        submit comments by mail and would                     Management System (FDMS) at: http://
                                                    interested parties. As indicated above,                 like to know that they reached the                    www.regulations.gov.


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Document Created: 2016-12-29 01:58:26
Document Modified: 2016-12-29 01:58:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of renewal of exemptions; request for comments.
DatesEach group of renewed exemptions are effective from the dates stated in the discussions below. Comments must be received on or before January 30, 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 96183 

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