82 FR 12889 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

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

Page Range		12889-12890
FR Document		2017-04393

FMCSA announces its decision to renew exemptions of 110 individuals from its prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals with ITDM to continue to operate CMVs in interstate commerce.

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

[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)]
[Notices]
[Pages 12889-12890]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04393]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0328; FMCSA-2012-0282; FMCSA-2012-0283; FMCSA-
2014-0308; FMCSA-2014-0309]


Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to renew exemptions of 110 
individuals from its prohibition in the Federal Motor Carrier Safety 
Regulations (FMCSRs) against persons with insulin-treated diabetes 
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in 
interstate commerce. The exemptions enable these individuals with ITDM 
to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions was effective on the dates 
stated in the discussions below and will expire on the dates stated in 
the discussions below.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, 202-366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m., 
e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http//www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

II. Background

    On December 20, 2016, FMCSA published a notice announcing its 
decision to renew exemptions for 110 individuals from the insulin-
treated diabetes mellitus prohibition in 49 CFR 391.41(b)(3) to operate 
a CMV in interstate commerce and requested comments from the public (81 
FR 92941). The public comment period ended on January 19, 2017, and no 
comments were received.
    As stated in the previous notice, FMCSA has evaluated the 
eligibility of these applicants and determined that renewing these 
exemptions would achieve a level of safety equivalent to or greater 
than the level that would be achieved by complying with the current 
regulation 49 CFR 391.41(b)(3).
    The physical qualification standard for drivers regarding diabetes 
found in 49 CFR 391.41(b)(3) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of diabetes mellitus currently requiring 
insulin for control.

III. Discussion of Comments

    FMCSA received no comments in this preceding.

IV. Conclusion

    Based upon its evaluation of the 110 renewal exemption applications 
and that no comments were received, FMCSA confirms its' decision to 
exempt the following drivers from the rule prohibiting drivers with 
ITDM from driving CMVs in interstate commerce in 49 CFR 391.41(b)(3):
    As of December 9, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 37 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (79 FR 66451; 80 FR 
2479):

Travis L. Beck (OH)
Corey C. Bennett (MS)
Nicholas J. Borelli (NJ)
Elvis P. Butler (TN)
John H. Butler (OH)
Michael E. Calvert (TX)
Keith J. Cole (WI)
Kevin E. Conti (OH)
Marsh L. Daggett (TX)
Chad E. Hales (UT)
Dennis L. Hooyman (WI)
Lorenza K. Jefferson (VA)
Edward Johnson (TN)
William O. Johnson, Jr. (IN)
Michael E. Kroll (WI)
Isolina Matos (NJ)
Rex D. McManaway (IL)
Steven A. Metternick (MI)
Daniel P. Miller (PA)
James K. Ollerich (SD)
Scott B. Olson (ND)
Raymond E. Pawloski (MI)
Loren A. Pingel (CO)
Douglas S. Pitcher (NY)
Terrence A. Proctor (MD)
Salvador Ramirez, Jr. (IL)
Heber E. Rodriguez (VA)
Lukas N. Skutnik (NE)
Daniel C. Sliman (OH)
Jeffrey A. Sturgill (OH)
Maurice S. Styles (MN)
Richard J. Thomas (IN)
Kevin E. Tucker (WV)
Robert Vassallo (NY)
Clifford L. White (KS)
Jason L. Woody (KS)
Wesley B. Yokum (PA)

    The drivers were included in docket No: FMCSA-2014-0308. Their 
exemptions are effective as of December 9, 2016, and will expire on 
December 9, 2018.
    As of December 14, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 11 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (75 FR 63536; 75 FR 
77952):

William V. Barbrie (RI)
John P. Catalano (NJ)
Gary J. Dionne (ID)
Thomas C. Donahue (MA)
Marlin K. Johnson (MN)
George Long, Jr. (NM)
Robert Minacapelli (NY)
Joe E.L. Radabaugh (OH)
Ben D. Shelton, Jr. (IL)
Nestor P. Vargas, Jr. (WA)
Harold A. Wendt (MN)

    The drivers were included in docket No: FMCSA-2010-0328. Their 
exemptions are effective as of December 14, 2016, and will expire on 
December 14, 2018.

[[Page 12890]]

    As of December 20, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 17 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (77 FR 63411; 77 FR 
64181; 77 FR 75492; 77 FR 75493):

James D. Astle (OH)
Robert E. Carroll (FL)
Thomas L. Gilmore (IA)
Kenneth M. Hansen (IA)
David J. Heppelmann (MN)
Dennis R. Johnson (TN)
Ronald D. Johnston (VA)
Steven M. Knezevich (MI)
Phil J. Kunkel (IN)
Carl E. McCartney (PA)
Fred Nelson, Jr. (PA)
Ricky L. Osterback (WA)
Joseph M. Polkowski, Sr. (PA)
Dan R. Stark (MN)
Chad E. Vanscoy (OH)
Mark A. Welch, Jr. (PA)
Bailey G. Zickefoose, Jr. (WV)

    The drivers were included in docket No: FMCSA-2012-0283. Their 
exemptions are effective as of December 20, 2016, and will expire on 
December 20, 2018.
    As of December 29, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 45 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (79 FR 70920; 80 FR 
5613):

Andrew P. Bivens (TN)
Everett D. Blevins (KY)
Kirk J. Brummeler (GA)
Travis M. Bryan (MA)
Robert A. Chess (PA)
John W. Condy (NY)
Kevin V. Cook (MO)
Guido Criscuolo, Jr. (CT)
Zachary L. Diehl (IL)
Andrea I. Dirksen (IA)
David D. Dowdy (IL)
Clarice L. Dunklin (LA)
Ricky L. Exler (FL)
Paul B. Fuerstenberg (WI)
Nathan M. Gallant (TX)
Louis A. Goodenough (IN)
Tyler L. Gravatt (ID)
Gary W. Honaker (VA)
David G. Horne (VA)
Glenn A. Keifer (SD)
Rex L. Kreutzer (NE)
Larry D. Lloyd (OR)
Dennis D. Markowski (WA)
William F. Melchert-Dinkel (MN)
Brit K. Miller (SD)
Charles B. Petersen (ID)
Anthony J. Politan (IN)
Emil T. Ricci (PA)
Arturo Robles (WY)
Robert F. Rothbauer (WI)
Michael A. Runyan, Jr. (NC)
John D. Sheets (NH)
Kyle L. Shuman (NY)
Jerry W. Smay (CA)
Gregory A. Smith (GA)
William S. Spaeth (WI)
Eloy G. Tijerina (TX)
Santos R. Torres (TX)
Leroy A. Traudt (NE)
Arthur R. Vance (VA)
Gerald S. Volpone, Jr. (MA)
Galen R. Watts (TX)
William R. Welch, Jr. (VA)
John E. Wildenmann (KY)
Edward D. Wright (IN)

    The drivers were included in docket No: FMCSA-2014-0309. Their 
exemptions are effective as of December 29, 2016, and will expire on 
December 29, 2018.
    In accordance with 49 U.S.C. 31315, each exemption will be valid 
for two years from the effective date unless revoked earlier by FMCSA. 
The exemption will be revoked if the following occurs: (1) The person 
fails to comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
prior to being granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136 and 
31315.

    Issued on: February 27, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-04393 Filed 3-6-17; 8:45 am]
 BILLING CODE 4910-EX-P

12890 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices

As of December 20, 2016, and in Robert F. Rothbauer (WI) Programs Division, (202) 366–4001,
accordance with 49 U.S.C. 31136(e) and Michael A. Runyan, Jr. (NC) fmcsamedical@dot.gov, FMCSA,
31315, the following 17 individuals John D. Sheets (NH) Department of Transportation, 1200
have satisfied the renewal conditions for Kyle L. Shuman (NY) New Jersey Avenue SE., Room W64–
obtaining an exemption from the rule Jerry W. Smay (CA) 113, Washington, DC 20590–0001.
prohibiting drivers with ITDM from Gregory A. Smith (GA) Office hours are from 8:30 a.m. to 5 p.m.
driving CMVs in interstate commerce William S. Spaeth (WI) e.t., Monday through Friday, except
(77 FR 63411; 77 FR 64181; 77 FR Eloy G. Tijerina (TX) Federal holidays.
75492; 77 FR 75493): Santos R. Torres (TX)
SUPPLEMENTARY INFORMATION:
James D. Astle (OH) Leroy A. Traudt (NE)
Robert E. Carroll (FL) Arthur R. Vance (VA) I. Electronic Access
Gerald S. Volpone, Jr. (MA)
Thomas L. Gilmore (IA) You may see all the comments online
Galen R. Watts (TX)
Kenneth M. Hansen (IA) through the Federal Document
William R. Welch, Jr. (VA)
David J. Heppelmann (MN) Management System (FDMS) at: http://
John E. Wildenmann (KY)
Dennis R. Johnson (TN) www.regulations.gov.
Edward D. Wright (IN)
Ronald D. Johnston (VA) Docket: For access to the docket to
Steven M. Knezevich (MI) The drivers were included in docket read background documents or
Phil J. Kunkel (IN) No: FMCSA–2014–0309. Their comments, go to http://
Carl E. McCartney (PA) exemptions are effective as of December www.regulations.gov and/or Room
Fred Nelson, Jr. (PA) 29, 2016, and will expire on December W12–140 on the ground level of the
Ricky L. Osterback (WA) 29, 2018. West Building, 1200 New Jersey Avenue
Joseph M. Polkowski, Sr. (PA) In accordance with 49 U.S.C. 31315, SE., Washington, DC, between 9 a.m.
Dan R. Stark (MN) each exemption will be valid for two and 5 p.m., e.t., Monday through Friday,
Chad E. Vanscoy (OH) years from the effective date unless except Federal holidays.
Mark A. Welch, Jr. (PA) revoked earlier by FMCSA. The
Privacy Act: In accordance with 5
Bailey G. Zickefoose, Jr. (WV) exemption will be revoked if the
U.S.C. 553(c), DOT solicits comments
The drivers were included in docket following occurs: (1) The person fails to
from the public to better inform its
No: FMCSA–2012–0283. Their comply with the terms and conditions
rulemaking process. DOT posts these
exemptions are effective as of December of the exemption; (2) the exemption has
comments, without edit, including any
20, 2016, and will expire on December resulted in a lower level of safety than
personal information the commenter
20, 2018. was maintained prior to being granted;
provides, to www.regulations.gov, as
As of December 29, 2016, and in or (3) continuation of the exemption
described in the system of records
accordance with 49 U.S.C. 31136(e) and would not be consistent with the goals
notice (DOT/ALL–14 FDMS), which can
31315, the following 45 individuals and objectives of 49 U.S.C. 31136 and
be reviewed at www.dot.gov/privacy.
have satisfied the renewal conditions for 31315.
obtaining an exemption from the rule Issued on: February 27, 2017. II. Background
prohibiting drivers with ITDM from Larry W. Minor, On November 23, 2016, FMCSA
driving CMVs in interstate commerce Associate Administrator for Policy. published a notice of receipt of Federal
(79 FR 70920; 80 FR 5613): [FR Doc. 2017–04393 Filed 3–6–17; 8:45 am] diabetes exemption applications from
Andrew P. Bivens (TN) BILLING CODE 4910–EX–P 52 individuals and requested comments
Everett D. Blevins (KY) from the public (81 FR 84677). The
Kirk J. Brummeler (GA) public comment period closed on
Travis M. Bryan (MA) DEPARTMENT OF TRANSPORTATION December 23, 2016, and no comments
Robert A. Chess (PA) were received.
John W. Condy (NY) Federal Motor Carrier Safety FMCSA has evaluated the eligibility
Kevin V. Cook (MO) Administration of the 52 applicants and determined that
Guido Criscuolo, Jr. (CT) [FMCSA Docket No. FMCSA–2016–0225] granting the exemptions to these
Zachary L. Diehl (IL) individuals would achieve a level of
Andrea I. Dirksen (IA) Qualification of Drivers; Exemption safety equivalent to or greater than the
David D. Dowdy (IL) Applications; Diabetes Mellitus level that would be achieved by
Clarice L. Dunklin (LA) complying with the current regulation
Ricky L. Exler (FL) AGENCY: Federal Motor Carrier Safety 49 CFR 391.41(b)(3).
Paul B. Fuerstenberg (WI) Administration (FMCSA), DOT
ACTION: Notice of final disposition. Diabetes Mellitus and Driving
Nathan M. Gallant (TX)
Experience of the Applicants
Louis A. Goodenough (IN)
Tyler L. Gravatt (ID) SUMMARY: FMCSA confirms its decision The Agency established the current
Gary W. Honaker (VA) to exempt 52 individuals from its rule requirement for diabetes in 1970
David G. Horne (VA) prohibiting persons with insulin-treated because several risk studies indicated
Glenn A. Keifer (SD) diabetes mellitus (ITDM) from operating that drivers with diabetes had a higher
Rex L. Kreutzer (NE) commercial motor vehicles (CMVs) in rate of crash involvement than the
Larry D. Lloyd (OR) interstate commerce. The exemptions general population. The diabetes rule
sradovich on DSK3GMQ082PROD with NOTICES

Dennis D. Markowski (WA) enable these individuals to operate provides that ‘‘A person is physically
William F. Melchert-Dinkel (MN) CMVs in interstate commerce. qualified to drive a commercial motor
Brit K. Miller (SD) DATES: The exemptions were effective vehicle if that person has no established
Charles B. Petersen (ID) on December 24, 2016. The exemptions medical history or clinical diagnosis of
Anthony J. Politan (IN) expire on December 24, 2018. diabetes mellitus currently requiring
Emil T. Ricci (PA) FOR FURTHER INFORMATION CONTACT: Ms. insulin for control’’ (49 CFR
Arturo Robles (WY) Christine A. Hydock, Chief, Medical 391.41(b)(3)).

VerDate Sep<11>2014 16:01 Mar 06, 2017 Jkt 241001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1

Document Created: 2018-02-01 14:49:08
Document Modified: 2018-02-01 14:49:08

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of final disposition.
Dates		Each group of renewed exemptions was effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below.
Contact		Ms. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		82 FR 12889

82 FR 12889 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

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

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration