82_FR_12929 82 FR 12886 - Qualification of Drivers; Exemption Applications; Diabetes

82 FR 12886 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 43 (March 7, 2017)

Page Range12886-12889
FR Document2017-04387

FMCSA announces its decision to renew the exemptions of 152 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 82 Issue 43 (Tuesday, March 7, 2017) 
[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)]
[Notices]
[Pages 12886-12889]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04387]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-26321; FMCSA-2007-29286; FMCSA-2008-0341; FMCSA-
2010-0414; FMCSA-2010-0427; FMCSA-2012-0349; FMCSA-2012-0350; FMCSA-
2012-0351; FMCSA-2014-0312]


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 152 
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 
April 6, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. FMCSA-2006-26321; FMCSA-
2007-29286; FMCSA-2008-0341; FMCSA-2010-0414; FMCSA-2010-0427; FMCSA-
2012-0349; FMCSA-2012-0350; FMCSA-2012-0351; FMCSA-2014-0312 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 DocketManagement 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: 

I. 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 152 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.

II. Exemption Decision

    This notice addresses 152 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. These 152 drivers 
remain in good standing with the Agency, have maintained their required 
medical monitoring and have not exhibited any medical issues that would 
compromise their ability to safely operate a CMV during the previous 2-
year exemption period. Therefore, FMCSA has decided to extend each 
exemption for a renewable two-year period. Each individual is 
identified according to the renewal date.
    The exemptions are renewed subject to the following conditions: (1) 
That each individual submit a quarterly monitoring checklist completed 
by the treating endocrinologist as well as an annual checklist with a 
comprehensive medical evaluation; (2) that each individual reports 
within 2 business days of occurrence, all episodes of severe 
hypoglycemia, significant complications, or inability to manage 
diabetes; also, any involvement in an accident or any other adverse 
event in a CMV or personal vehicle, whether or not it is related to an 
episode of hypoglycemia; (3) that each individual submit an annual 
ophthalmologist's or optometrist's report; and (4) that each individual 
provide a copy of the annual medical certification to the employer for 
retention in the driver's qualification file, or keep a copy in his/her 
driver's qualification file if he/she is self-employed. The driver must 
also have a copy of the certification when driving, for presentation to 
a duly authorized

[[Page 12887]]

Federal, State, or local enforcement official.

III. 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 February and are 
discussed below.
    As of February 1, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 10 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (72 FR 69280; 73 FR 
6247):

Steven G. Boggs (KS)
Jessie L. Brock II (TX)
Challis J. Crismore (MT)
David J. Jansen (OH)
Lawrence A. Kibler (PA)
Arthur J. Medrano (CA)
Mark R. Perkins (NV)
Christopher C. Schuch (MA)
Timothy Short (PA)
Uve J. Witsch (CA)

    The drivers were included in Docket No. FMCSA-2007-29286. Their 
exemptions are effective as of February 1, 2017, and will expire on 
February 1, 2019.
    As of February 4, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 5 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 78271; 78 FR 
7855):

Kathy L. Brown (IN)
John C. Evans (IL)
Thomas J. Ferry (NJ)
Jeffrey C. Hanson (TX)
Daniel V. Williamson (MN)

    The drivers were included in Docket No. FMCSA-2012-0349. Their 
exemptions are effective as of February 4, 2017, and will expire on 
February 4, 2019.
    As of February 6, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 19 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (71 FR 74986; 72 FR 
5492):

Roy B. Carter (WV)
Bradley D. Case (IN)
Thomas D. Dyke (KS)
Anthony L. Gentry (CO)
Michael T. Hartley (KY)
David A. Heider (WI)
John A. Helm (IL)
John A. Herbert (NJ)
Lester H. Hughes (VA)
Christopher A. Knott (MN)
Jeffery C. Link (SC)
Joseph C. McMasters (IN)
Bradley S. Mowdy (CA)
Ronald W. Nelson (MN)
Kent E. Pelkey (ME)
Keith E. Petersen (ND)
Allen W. Quon (MD)
Shawn P. Wathley (CT)
Christopher T. Worsley (MA)

    The drivers were included in Docket No. FMCSA-2006-26321. Their 
exemptions are effective as of February 6, 2017, and will expire on 
February 6, 2019.
    As of February 9, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 33 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (73 FR 75794; 74 FR 
6451):

Robert S. Althouse (PA)
James G. Arnoldussen, Sr. (WI)
Thomas S. Benson (NC)
Dennis A. Boelens (IL)
Walter R. Braxton (VA)
Merle N. Cromwell (IL)
Trenn A. Davis (KS)
Stephen R. Ferrario (CA)
Kevin J. Fries (MT)
Fred Frisch (OH)
Daniel D. Greenwell (NY)
George H. Hayes, Jr. (VA)
John H. Hilliges (NE)
Paris J. Howell (TN)
John H. Kingsley (VA)
Gary J. Klostermann (IA)
Jason C. Lang (VT)
Kevin J. Lavoie (OR)
Robert H. McCann, III (MD)
Chris C. Northway (WI)
John D. Owens (IN)
Jody A. Peckels (OR)
James H. Pfeiffer, Jr. (IL)
Marc R. Pream (MN)
Travis W. Proctor (GA)
Ann M. Reinke (WI)
Vincent L. Rodriguez (NM)
Randy L. Schroeder (NY)
Michael W. Sharp (TX)
Gary E. Stone (PA)
Anthony A. Thomas (KY)
John R. Turcotte (ME)
Russell A. Williams (WI)

    The drivers were included in Docket No. FMCSA-2008-0341. Their 
exemptions are effective as of February 9, 2017, and will expire on 
February 9, 2019.
    As of February 10, 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 (75 FR 80889; 76 FR 
7625):

Charlie A. Barner (GA)
Christopher R. Everitt (OH)
Joseph A. Griffin (NY)
Michael A. Holy (MI)
Victor M. Lewis (TN)
William P. Miller, Jr. (KY)
David A. Wiltse (ND)

    The drivers were included in Docket No. FMCSA-2010-0414. Their 
exemptions are effective as of February 10, 2017, and will expire on 
February 10, 2019.
    As of February 22, 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 (76 FR 1496; 76 FR 
9867):

Neal S. Faulkner (VT)
Jason J. Hamilton (AZ)
Steven J. Lefebvre (NY)
Mitchell J. Moore (CO)
James R. Parker (NJ)
Charles C. Quast (IL)
James E. Steele (TN)

    The drivers were included in Docket No. FMCSA-2010-0427. Their 
exemptions are effective as of February 22, 2017, and will expire on 
February 22, 2019.
    As of February 24, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 48 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (80 FR 3724; 80 FR 
19732):

Bryan L. Anderson (WA)
Travis K. Archer (ME)
Michael R. Batham (CA)
Victor M. Beltran-Araujo (UT)
Charles A. Best (OH)
George E. Carle (CO)
Jamey S. Carney (IA)
Michael G. Cary (MN)
John G. Castilaw (MS)
Adam C. Cochran (GA)
Michael R. Cummings (VA)
David L. Dalheim (NY)
Brian Dick (MD)
Timothy B. Duelke (ID)
Cory A. Duncan (OR)
Terrance J. Dunne (NJ)
David L. Eklund (IL)
Yoshitsugu Endo (FL)
Barry K. Foster (TX)
John A. Georg (IA)
Francis J. Gernatt, Jr. (NY)
Mark A. Haines (WV)
Ivan G. Hanford (OR)
James L. Harman III (VA)
James R. Hoyle (TX)

[[Page 12888]]

John M. Ippolito (NY)
Allan L. Jameson (NE)
Erik D. Kemmer (MN)
Mark L. Knobel, Sr. (MD)
Joseph E. Knox, Sr. (MD)
Erik M. Lane (NY)
James D. Martin (IN)
Galen H. Martin (PA)
John M. McCabe (IL)
Kevin F. McGlade (PA)
Brett J. Mellor (ID)
Kenneth M. Merritt (CA)
Charles E. Morgan (LA)
John E. Sautkulis (NY)
Ronnie L. Schronce (NC)
William F. Smith (DE)
Robin W. Swasey (UT)
Michelle P. Thibeault (ME)
Michael L. Thrasher (AL)
Steven R. Vance (TX)
William D. VanReese (MN)
Ellis J. Vest, Jr. (WV)
Mark P. Zimmerman (NV)

    The drivers were included in Docket No. FMCSA-2014-0312. Their 
exemptions are effective as of February 24, 2017, and will expire on 
February 24, 2019.
    As of February 25, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 11 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (78 FR 1927; 78 FR 
12819):

Angel Bergendale (MA)
Sean P. Borsky (FL)
Uvena S. Brown (IN)
Spiro J. Jonovich (AZ)
Victor D. Mayberry (TN)
Barry C. McKay (CO)
Robert B. McKendry (IL)
William L. Phelps (IN)
Richard J. Rembisz (NY)
Richard L. Smith (GA)
Gary J. Tricarico (CT)

    The drivers were included in Docket No. FMCSA-2012-0351. Their 
exemptions are effective as of February 25, 2017, and will expire on 
February 25, 2019.
    As of February 26, 2017, 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 (78 FR 1923; 78 FR 
12821):

Shawn J. Ball (ID)
Ira S. Chamberlin (ME)
James K. Dowden (MN)
Myron P. Egbert (UT)
Michael T. Evans (OH)
Stephen P. Honen (OH)
Charles E. Johnston (MS)
Jack M. Sipich (IL)
Roger N. Stauffer (MI)
Tyrone Taylor (NC)
Michael E. Westley (FL)
Travis M. Whitt (CA)

    The drivers were included in Docket No. FMCSA-2012-0350. Their 
exemptions are effective as of February 26, 2017, and will expire on 
February 26, 2019.
    Each of the 152 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 
152 drivers for a period of two years is likely to achieve a level of 
safety equal to that existing without the exemption. The drivers were 
included in docket numbers FMCSA-2006-26321; FMCSA-2007-29286; FMCSA-
2008-0341; FMCSA-2010-0414; FMCSA-2010-0427; FMCSA-2012-0349; FMCSA-
2012-0350; FMCSA-2012-0351; FMCSA-2014-0312.

IV. 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 April 6, 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 152 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.

V. Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket numbers FMCSA-2006-26321; FMCSA-
2007-29286; FMCSA-2008-0341; FMCSA-2010-0414; FMCSA-2010-0427; FMCSA-
2012-0349; FMCSA-2012-0350; FMCSA-2012-0351; FMCSA-2014-0312 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.

VI. 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 12889]]

FMCSA-2006-26321; FMCSA-2007-29286; FMCSA-2008-0341; FMCSA-2010-0414; 
FMCSA-2010-0427; FMCSA-2012-0349; FMCSA-2012-0350; FMCSA-2012-0351; 
FMCSA-2014-0312 and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to this 
notice.

    Issued on: February 28, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-04387 Filed 3-6-17; 8:45 am]
 BILLING CODE 4910-EX-P

12886 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices determination at any time after the close • Federal eRulemaking Portal: Go to I. Background of the comment period. http://www.regulations.gov. Follow the on-line instructions for submitting Under 49 U.S.C. 31136(e) and 31315, V. Viewing Comments and Documents FMCSA may renew an exemption from comments. To view comments, as well as any the Federal Motor Carrier Safety • Mail: Docket Management Facility; documents mentioned in this preamble, Regulations 2-year period if it finds U.S. Department of Transportation, 1200 go to http://www.regulations.gov and in ‘‘such exemption would likely achieve a New Jersey Avenue SE., West Building the search box insert the docket number level of safety that is equivalent to or Ground Floor, Room W12–140, FMCSA–2016–0385 and click ‘‘Search.’’ greater than the level that would be Washington, DC 20590–0001. Next, click ‘‘Open Docket Folder’’ and achieved absent such exemption.’’ The you will find all documents and • Hand Delivery or Courier: West statute also allows the Agency to renew comments related to this notice. Building Ground Floor, Room W12–140, exemptions at the end of the 2-year 1200 New Jersey Avenue SE., period. The 152 individuals listed in Issued on: February 28, 2017 Washington, DC, between 9 a.m. and 5 this notice have recently become Larry W. Minor, p.m., e.t., Monday through Friday, eligible for a renewed exemption from Associate Administrator for Policy. except Federal Holidays. the diabetes prohibition in 49 CFR [FR Doc. 2017–04383 Filed 3–6–17; 8:45 am] • Fax: 1–202–493–2251. 391.41(b)(3), which applies to drivers of BILLING CODE 4910–EX–P Instructions: Each submission must CMVs in interstate commerce. The include the Agency name and the drivers remain in good standing with docket number for this notice. Note that the Agency, have maintained their DEPARTMENT OF TRANSPORTATION DOT posts all comments received required medical monitoring and have Federal Motor Carrier Safety without change to http:// not exhibited any medical issues that Administration www.regulations.gov, including any would compromise their ability to safely personal information included in a operate a CMV during the previous 2- [Docket No. FMCSA–2006–26321; FMCSA– year exemption period. 2007–29286; FMCSA–2008–0341; FMCSA– comment. Please see the Privacy Act 2010–0414; FMCSA–2010–0427; FMCSA– heading below. II. Exemption Decision 2012–0349; FMCSA–2012–0350; FMCSA– Docket: For access to the docket to 2012–0351; FMCSA–2014–0312] read background documents or This notice addresses 152 individuals comments, go to http:// who have requested renewal of their Qualification of Drivers; Exemption www.regulations.gov at any time or exemptions in accordance with FMCSA Applications; Diabetes Room W12–140 on the ground level of procedures. These 152 drivers remain in AGENCY: Federal Motor Carrier Safety the West Building, 1200 New Jersey good standing with the Agency, have Administration (FMCSA), DOT. Avenue SE., Washington, DC, between 9 maintained their required medical ACTION: Notice of renewal of a.m. and 5 p.m., e.t., Monday through monitoring and have not exhibited any exemptions; request for comments. Friday, except Federal holidays. The medical issues that would compromise Federal DocketManagement System their ability to safely operate a CMV SUMMARY: FMCSA announces its (FDMS) is available 24 hours each day, during the previous 2-year exemption decision to renew the exemptions of 152 365 days each year. If you want period. Therefore, FMCSA has decided individuals from its rule prohibiting acknowledgment that we received your to extend each exemption for a persons with insulin-treated diabetes comments, please include a self- renewable two-year period. Each mellitus (ITDM) from operating addressed, stamped envelope or individual is identified according to the commercial motor vehicles (CMVs) in postcard or print the acknowledgement renewal date. interstate commerce. FMCSA has page that appears after submitting The exemptions are renewed subject statutory authority to exempt comments on-line. to the following conditions: (1) That individuals from this rule if the Privacy Act: Anyone may search the each individual submit a quarterly exemptions granted will not electronic form of all comments monitoring checklist completed by the compromise safety. The Agency has received into any of our dockets by the treating endocrinologist as well as an concluded that granting these name of the individual submitting the annual checklist with a comprehensive exemption renewals will provide a level comment (or of the person signing the medical evaluation; (2) that each of safety that is equivalent to or greater comment, if submitted on behalf of an individual reports within 2 business than the level of safety maintained association, business, labor union, etc.). days of occurrence, all episodes of without the exemptions for these CMV You may review DOT’s Privacy Act severe hypoglycemia, significant drivers. Statement for the Federal Docket complications, or inability to manage DATES: Each group of renewed Management System (FDMS) published diabetes; also, any involvement in an exemptions are effective from the dates in the Federal Register on January 17, accident or any other adverse event in stated in the discussions below. 2008 (73 FR 3316). a CMV or personal vehicle, whether or Comments must be received on or not it is related to an episode of before April 6, 2017. FOR FURTHER INFORMATION CONTACT: Ms. hypoglycemia; (3) that each individual ADDRESSES: You may submit comments Christine A. Hydock, Chief, Medical submit an annual ophthalmologist’s or bearing the Federal Docket Management Programs Division, 202–366–4001, optometrist’s report; and (4) that each System (FDMS) numbers: Docket No. fmcsamedical@dot.gov, FMCSA, individual provide a copy of the annual sradovich on DSK3GMQ082PROD with NOTICES FMCSA–2006–26321; FMCSA–2007– Department of Transportation, 1200 medical certification to the employer for 29286; FMCSA–2008–0341; FMCSA– New Jersey Avenue SE., Room W64– retention in the driver’s qualification 2010–0414; FMCSA–2010–0427; 113, Washington, DC 20590–0001. file, or keep a copy in his/her driver’s FMCSA–2012–0349; FMCSA–2012– Office hours are from 8 a.m. to 5:30 qualification file if he/she is self- 0350; FMCSA–2012–0351; FMCSA– p.m., e.t., Monday through Friday, employed. The driver must also have a 2014–0312 using any of the following except Federal holidays. copy of the certification when driving, methods: SUPPLEMENTARY INFORMATION: for presentation to a duly authorized VerDate Sep<11>2014 16:01 Mar 06, 2017 Jkt 241001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1

Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices 12887 Federal, State, or local enforcement John A. Herbert (NJ) prohibiting drivers with ITDM from official. Lester H. Hughes (VA) driving CMVs in interstate commerce Christopher A. Knott (MN) (75 FR 80889; 76 FR 7625): III. Basis for Renewing Exemptions Jeffery C. Link (SC) Charlie A. Barner (GA) Under 49 U.S.C. 31315(b)(1), an Joseph C. McMasters (IN) Christopher R. Everitt (OH) exemption may be granted for no longer Bradley S. Mowdy (CA) Joseph A. Griffin (NY) than two years from its approval date Ronald W. Nelson (MN) Michael A. Holy (MI) and may be renewed upon application Kent E. Pelkey (ME) Victor M. Lewis (TN) for additional two year periods. The Keith E. Petersen (ND) William P. Miller, Jr. (KY) following groups of drivers received Allen W. Quon (MD) David A. Wiltse (ND) renewed exemptions in the month of Shawn P. Wathley (CT) The drivers were included in Docket February and are discussed below. Christopher T. Worsley (MA) No. FMCSA–2010–0414. Their As of February 1, 2017, and in The drivers were included in Docket exemptions are effective as of February accordance with 49 U.S.C. 31136(e) and No. FMCSA–2006–26321. Their 10, 2017, and will expire on February 31315, the following 10 individuals exemptions are effective as of February 10, 2019. have satisfied the renewal conditions for 6, 2017, and will expire on February 6, As of February 22, 2017, and in obtaining an exemption from the rule 2019. accordance with 49 U.S.C. 31136(e) and prohibiting drivers with ITDM from As of February 9, 2017, and in 31315, the following 7 individuals have driving CMVs in interstate commerce accordance with 49 U.S.C. 31136(e) and satisfied the renewal conditions for (72 FR 69280; 73 FR 6247): 31315, the following 33 individuals obtaining an exemption from the rule Steven G. Boggs (KS) have satisfied the renewal conditions for prohibiting drivers with ITDM from Jessie L. Brock II (TX) obtaining an exemption from the rule driving CMVs in interstate commerce Challis J. Crismore (MT) prohibiting drivers with ITDM from (76 FR 1496; 76 FR 9867): David J. Jansen (OH) driving CMVs in interstate commerce Neal S. Faulkner (VT) Lawrence A. Kibler (PA) (73 FR 75794; 74 FR 6451): Jason J. Hamilton (AZ) Arthur J. Medrano (CA) Robert S. Althouse (PA) Steven J. Lefebvre (NY) Mark R. Perkins (NV) James G. Arnoldussen, Sr. (WI) Mitchell J. Moore (CO) Christopher C. Schuch (MA) Thomas S. Benson (NC) James R. Parker (NJ) Timothy Short (PA) Dennis A. Boelens (IL) Charles C. Quast (IL) Uve J. Witsch (CA) Walter R. Braxton (VA) James E. Steele (TN) The drivers were included in Docket Merle N. Cromwell (IL) The drivers were included in Docket No. FMCSA–2007–29286. Their Trenn A. Davis (KS) No. FMCSA–2010–0427. Their exemptions are effective as of February Stephen R. Ferrario (CA) exemptions are effective as of February 1, 2017, and will expire on February 1, Kevin J. Fries (MT) 22, 2017, and will expire on February 2019. Fred Frisch (OH) As of February 4, 2017, and in 22, 2019. Daniel D. Greenwell (NY) As of February 24, 2017, and in accordance with 49 U.S.C. 31136(e) and George H. Hayes, Jr. (VA) 31315, the following 5 individuals have accordance with 49 U.S.C. 31136(e) and John H. Hilliges (NE) 31315, the following 48 individuals satisfied the renewal conditions for Paris J. Howell (TN) obtaining an exemption from the rule have satisfied the renewal conditions for John H. Kingsley (VA) obtaining an exemption from the rule prohibiting drivers with ITDM from Gary J. Klostermann (IA) driving CMVs in interstate commerce prohibiting drivers with ITDM from Jason C. Lang (VT) driving CMVs in interstate commerce (77 FR 78271; 78 FR 7855): Kevin J. Lavoie (OR) (80 FR 3724; 80 FR 19732): Kathy L. Brown (IN) Robert H. McCann, III (MD) John C. Evans (IL) Bryan L. Anderson (WA) Chris C. Northway (WI) Thomas J. Ferry (NJ) Travis K. Archer (ME) John D. Owens (IN) Jeffrey C. Hanson (TX) Michael R. Batham (CA) Jody A. Peckels (OR) Daniel V. Williamson (MN) Victor M. Beltran-Araujo (UT) James H. Pfeiffer, Jr. (IL) Charles A. Best (OH) The drivers were included in Docket Marc R. Pream (MN) George E. Carle (CO) No. FMCSA–2012–0349. Their Travis W. Proctor (GA) Jamey S. Carney (IA) exemptions are effective as of February Ann M. Reinke (WI) Michael G. Cary (MN) 4, 2017, and will expire on February 4, Vincent L. Rodriguez (NM) John G. Castilaw (MS) 2019. Randy L. Schroeder (NY) Adam C. Cochran (GA) As of February 6, 2017, and in Michael W. Sharp (TX) Michael R. Cummings (VA) accordance with 49 U.S.C. 31136(e) and Gary E. Stone (PA) David L. Dalheim (NY) 31315, the following 19 individuals Anthony A. Thomas (KY) Brian Dick (MD) have satisfied the renewal conditions for John R. Turcotte (ME) Timothy B. Duelke (ID) obtaining an exemption from the rule Russell A. Williams (WI) Cory A. Duncan (OR) prohibiting drivers with ITDM from The drivers were included in Docket Terrance J. Dunne (NJ) driving CMVs in interstate commerce No. FMCSA–2008–0341. Their David L. Eklund (IL) (71 FR 74986; 72 FR 5492): exemptions are effective as of February sradovich on DSK3GMQ082PROD with NOTICES Yoshitsugu Endo (FL) Roy B. Carter (WV) 9, 2017, and will expire on February 9, Barry K. Foster (TX) Bradley D. Case (IN) 2019. John A. Georg (IA) Thomas D. Dyke (KS) As of February 10, 2017, and in Francis J. Gernatt, Jr. (NY) Anthony L. Gentry (CO) accordance with 49 U.S.C. 31136(e) and Mark A. Haines (WV) Michael T. Hartley (KY) 31315, the following 7 individuals have Ivan G. Hanford (OR) David A. Heider (WI) satisfied the renewal conditions for James L. Harman III (VA) John A. Helm (IL) obtaining an exemption from the rule James R. Hoyle (TX) VerDate Sep<11>2014 16:01 Mar 06, 2017 Jkt 241001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1

12888 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices John M. Ippolito (NY) Roger N. Stauffer (MI) for an exemption from rule prohibiting Allan L. Jameson (NE) Tyrone Taylor (NC) persons with ITDM from operating Erik D. Kemmer (MN) Michael E. Westley (FL) CMVs in interstate commerce. That Mark L. Knobel, Sr. (MD) Travis M. Whitt (CA) information is available by consulting Joseph E. Knox, Sr. (MD) The drivers were included in Docket the above cited Federal Register Erik M. Lane (NY) No. FMCSA–2012–0350. Their publications. James D. Martin (IN) exemptions are effective as of February Interested parties or organizations Galen H. Martin (PA) 26, 2017, and will expire on February possessing information that would John M. McCabe (IL) 26, 2019. otherwise show that any, or all, of these Kevin F. McGlade (PA) Each of the 152 drivers in the drivers are not currently achieving the Brett J. Mellor (ID) aforementioned groups qualifies for a statutory level of safety should Kenneth M. Merritt (CA) renewal of the exemption. They have immediately notify FMCSA. The Charles E. Morgan (LA) maintained their required medical Agency will evaluate any adverse John E. Sautkulis (NY) monitoring and have not exhibited any evidence submitted and, if safety is Ronnie L. Schronce (NC) medical issues that would compromise being compromised or if continuation of William F. Smith (DE) their ability to safely operate a CMV the exemption would not be consistent Robin W. Swasey (UT) during the previous 2-year exemption with the goals and objectives of 49 Michelle P. Thibeault (ME) period. U.S.C. 31136(e) and 31315, FMCSA will Michael L. Thrasher (AL) These factors provide an adequate take immediate steps to revoke the Steven R. Vance (TX) basis for predicting each driver’s ability exemption of a driver. William D. VanReese (MN) to continue to drive safely in interstate Ellis J. Vest, Jr. (WV) commerce. Therefore, FMCSA V. Submitting Comments Mark P. Zimmerman (NV) concludes that extending the exemption You may submit your comments and The drivers were included in Docket for each of the 152 drivers for a period material online or by fax, mail, or hand No. FMCSA–2014–0312. Their of two years is likely to achieve a level delivery, but please use only one of exemptions are effective as of February of safety equal to that existing without these means. FMCSA recommends that 24, 2017, and will expire on February the exemption. The drivers were you include your name and a mailing 24, 2019. included in docket numbers FMCSA– address, an email address, or a phone As of February 25, 2017, and in 2006–26321; FMCSA–2007–29286; number in the body of your document accordance with 49 U.S.C. 31136(e) and FMCSA–2008–0341; FMCSA–2010– so that FMCSA can contact you if there 31315, the following 11 individuals 0414; FMCSA–2010–0427; FMCSA– are questions regarding your have satisfied the renewal conditions for 2012–0349; FMCSA–2012–0350; submission. obtaining an exemption from the rule FMCSA–2012–0351; FMCSA–2014– To submit your comment online, go to prohibiting drivers with ITDM from 0312. http://www.regulations.gov and in the driving CMVs in interstate commerce search box insert the docket numbers IV. Request for Comments (78 FR 1927; 78 FR 12819): FMCSA–2006–26321; FMCSA–2007– FMCSA will review comments 29286; FMCSA–2008–0341; FMCSA– Angel Bergendale (MA) received at any time concerning a 2010–0414; FMCSA–2010–0427; Sean P. Borsky (FL) particular driver’s safety record and FMCSA–2012–0349; FMCSA–2012– Uvena S. Brown (IN) determine if the continuation of the 0350; FMCSA–2012–0351; FMCSA– Spiro J. Jonovich (AZ) exemption is consistent with the 2014–0312 and click the search button. Victor D. Mayberry (TN) requirements at 49 U.S.C. 31136(e) and When the new screen appears, click on Barry C. McKay (CO) 31315. However, FMCSA requests that the blue ‘‘Comment Now!’’ button on Robert B. McKendry (IL) interested parties with specific data the right hand side of the page. On the William L. Phelps (IN) concerning the safety records of these new page, enter information required Richard J. Rembisz (NY) drivers submit comments by April 6, Richard L. Smith (GA) including the specific section of this 2017. document to which each comment Gary J. Tricarico (CT) FMCSA believes that the applies, and provide a reason for each The drivers were included in Docket requirements for a renewal of an suggestion or recommendation. If you No. FMCSA–2012–0351. Their exemption under 49 U.S.C. 31136(e) and submit your comments by mail or hand exemptions are effective as of February 31315 can be satisfied by initially delivery, submit them in an unbound 25, 2017, and will expire on February granting the renewal and then format, no larger than 81⁄2 by 11 inches, 25, 2019. requesting and evaluating, if needed, suitable for copying and electronic As of February 26, 2017, and in subsequent comments submitted by filing. If you submit comments by mail accordance with 49 U.S.C. 31136(e) and interested parties. As indicated above, and would like to know that they 31315, the following 12 individuals the Agency previously published reached the facility, please enclose a have satisfied the renewal conditions for notices of final disposition announcing stamped, self-addressed postcard or obtaining an exemption from the rule its decision to exempt these 152 envelope. prohibiting drivers with ITDM from individuals from rule prohibiting We will consider all comments and driving CMVs in interstate commerce persons with ITDM from operating material received during the comment (78 FR 1923; 78 FR 12821): CMVs in interstate commerce in 49 CFR period. FMCSA may issue a final 391.41(b)(3). The final decision to grant sradovich on DSK3GMQ082PROD with NOTICES Shawn J. Ball (ID) determination at any time after the close Ira S. Chamberlin (ME) an exemption to each of these of the comment period. James K. Dowden (MN) individuals was made on the merits of Myron P. Egbert (UT) each case and made only after careful VI. Viewing Comments and Documents Michael T. Evans (OH) consideration of the comments received To view comments, as well as any Stephen P. Honen (OH) to its notices of applications. The documents mentioned in this preamble, Charles E. Johnston (MS) notices of applications stated in detail go to http://www.regulations.gov and in Jack M. Sipich (IL) the medical condition of each applicant the search box insert the docket number VerDate Sep<11>2014 16:01 Mar 06, 2017 Jkt 241001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1

Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices 12889 FMCSA–2006–26321; FMCSA–2007– Docket: For access to the docket to driving CMVs in interstate commerce 29286; FMCSA–2008–0341; FMCSA– read background documents or (79 FR 66451; 80 FR 2479): 2010–0414; FMCSA–2010–0427; comments, go to http// Travis L. Beck (OH) FMCSA–2012–0349; FMCSA–2012– www.regulations.gov and/or Room Corey C. Bennett (MS) 0350; FMCSA–2012–0351; FMCSA– W12–140 on the ground level of the Nicholas J. Borelli (NJ) 2014–0312 and click ‘‘Search.’’ Next, West Building, 1200 New Jersey Avenue Elvis P. Butler (TN) click ‘‘Open Docket Folder’’ and you SE., Washington, DC, between 9 a.m. John H. Butler (OH) will find all documents and comments and 5 p.m., e.t., Monday through Friday, Michael E. Calvert (TX) related to this notice. except Federal holidays. Keith J. Cole (WI) Issued on: February 28, 2017. Privacy Act: In accordance with 5 Kevin E. Conti (OH) U.S.C. 553(c), DOT solicits comments Marsh L. Daggett (TX) Larry W. Minor, from the public to better inform its Chad E. Hales (UT) Associate Administrator for Policy. rulemaking process. DOT posts these Dennis L. Hooyman (WI) [FR Doc. 2017–04387 Filed 3–6–17; 8:45 am] comments, without edit, including any Lorenza K. Jefferson (VA) BILLING CODE 4910–EX–P personal information the commenter Edward Johnson (TN) provides, to http://www.regulations.gov, William O. Johnson, Jr. (IN) as described in the system of records Michael E. Kroll (WI) DEPARTMENT OF TRANSPORTATION notice (DOT/ALL–14 FDMS), which can Isolina Matos (NJ) Federal Motor Carrier Safety be reviewed at http://www.dot.gov/ Rex D. McManaway (IL) Administration privacy. Steven A. Metternick (MI) Daniel P. Miller (PA) [Docket No. FMCSA–2010–0328; FMCSA– II. Background James K. Ollerich (SD) 2012–0282; FMCSA–2012–0283; FMCSA– On December 20, 2016, FMCSA Scott B. Olson (ND) 2014–0308; FMCSA–2014–0309] published a notice announcing its Raymond E. Pawloski (MI) decision to renew exemptions for 110 Loren A. Pingel (CO) Qualification of Drivers; Exemption individuals from the insulin-treated Douglas S. Pitcher (NY) Applications; Diabetes diabetes mellitus prohibition in 49 CFR Terrence A. Proctor (MD) AGENCY: Federal Motor Carrier Safety 391.41(b)(3) to operate a CMV in Salvador Ramirez, Jr. (IL) Administration (FMCSA), DOT. interstate commerce and requested Heber E. Rodriguez (VA) ACTION: Notice of final disposition. comments from the public (81 FR Lukas N. Skutnik (NE) 92941). The public comment period Daniel C. Sliman (OH) SUMMARY: FMCSA announces its ended on January 19, 2017, and no Jeffrey A. Sturgill (OH) decision to renew exemptions of 110 comments were received. Maurice S. Styles (MN) individuals from its prohibition in the As stated in the previous notice, Richard J. Thomas (IN) Federal Motor Carrier Safety FMCSA has evaluated the eligibility of Kevin E. Tucker (WV) Regulations (FMCSRs) against persons these applicants and determined that Robert Vassallo (NY) with insulin-treated diabetes mellitus renewing these exemptions would Clifford L. White (KS) (ITDM) from operating commercial achieve a level of safety equivalent to or Jason L. Woody (KS) motor vehicles (CMVs) in interstate greater than the level that would be Wesley B. Yokum (PA) commerce. The exemptions enable these achieved by complying with the current The drivers were included in docket individuals with ITDM to continue to regulation 49 CFR 391.41(b)(3). No: FMCSA–2014–0308. Their operate CMVs in interstate commerce. The physical qualification standard exemptions are effective as of December DATES: Each group of renewed for drivers regarding diabetes found in 9, 2016, and will expire on December 9, exemptions was effective on the dates 49 CFR 391.41(b)(3) states that a person 2018. stated in the discussions below and will is physically qualified to drive a CMV As of December 14, 2016, and in expire on the dates stated in the if that person has no established accordance with 49 U.S.C. 31136(e) and discussions below. medical history or clinical diagnosis of 31315, the following 11 individuals diabetes mellitus currently requiring have satisfied the renewal conditions for FOR FURTHER INFORMATION CONTACT: Ms. insulin for control. obtaining an exemption from the rule Christine A. Hydock, Chief, Medical Programs Division, 202–366–4001, III. Discussion of Comments prohibiting drivers with ITDM from fmcsamedical@dot.gov, FMCSA, driving CMVs in interstate commerce FMCSA received no comments in this Department of Transportation, 1200 (75 FR 63536; 75 FR 77952): preceding. New Jersey Avenue SE., Room W64– William V. Barbrie (RI) 224, Washington, DC 20590–0001. IV. Conclusion John P. Catalano (NJ) Office hours are from 8 a.m. to 5:30 Based upon its evaluation of the 110 Gary J. Dionne (ID) p.m., e.t., Monday through Friday, renewal exemption applications and Thomas C. Donahue (MA) except Federal holidays. If you have that no comments were received, Marlin K. Johnson (MN) questions regarding viewing or FMCSA confirms its’ decision to exempt George Long, Jr. (NM) submitting material to the docket, the following drivers from the rule Robert Minacapelli (NY) contact Docket Services, telephone (202) prohibiting drivers with ITDM from Joe E.L. Radabaugh (OH) 366–9826. Ben D. Shelton, Jr. (IL) sradovich on DSK3GMQ082PROD with NOTICES driving CMVs in interstate commerce in SUPPLEMENTARY INFORMATION: 49 CFR 391.41(b)(3): Nestor P. Vargas, Jr. (WA) As of December 9, 2016, and in Harold A. Wendt (MN) I. Electronic Access accordance with 49 U.S.C. 31136(e) and The drivers were included in docket You may see all the comments online 31315, the following 37 individuals No: FMCSA–2010–0328. Their through the Federal Document have satisfied the renewal conditions for exemptions are effective as of December Management System (FDMS) at: http:// obtaining an exemption from the rule 14, 2016, and will expire on December www.regulations.gov. prohibiting drivers with ITDM from 14, 2018. VerDate Sep<11>2014 16:01 Mar 06, 2017 Jkt 241001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1


Document Created: 2018-02-01 14:49:11
Document Modified: 2018-02-01 14:49:11
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 April 6, 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 Citation82 FR 12886 
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