82_FR_12942 82 FR 12899 - Qualification of Drivers; Exemption Applications; Diabetes

82 FR 12899 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

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

Page Range12899-12901
FR Document2017-04382

FMCSA announces its decision to renew the exemptions of 97 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 12899-12901]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04382]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0188; FMCSA-2012-0164 FMCSA-2014-0019; FMCSA-
2014-0020]


Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of renewal of exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to renew the exemptions of 97 
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-2010-0188; FMCSA-
2012-0164 FMCSA-2014-0019; FMCSA-2014-0020 using any of the following 
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online 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 online.
    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, fmcsamedical@dot.gov, 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 97 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 97 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. These 97 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

[[Page 12900]]

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.

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 September and are 
discussed below.
    As of September 16, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 76 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 47702; 79 FR 
47711; 79 FR 63210; 79 FR 63219):

Vincent M. Branch (VA)
James M. Brooks (VA)
Gary L. Brown (PA)
Perry C. Bullis (PA)
Christopher J. Burkhart (MO)
Richard E. Campney (IA)
Steven J. Causie (MI)
Wesley A. Chain (TX)
Kristy S.R. Clark (VA)
Richard M. Cohen (NJ)
Alex A. Comella (NJ)
Royce N. Cordova (WA)
Robert Curry (NY)
Dwayne P. Daniels (IL)
James T. Dodge (CO)
Richard D. Domingo (NV)
John J. Dominguez (TX)
Bradley C. Dunlap (IL)
Andrew C. Frykholm (MA)
Lyle O. Gahler (MN)
Gary W. Giles (TX)
John A. Gillingham (PA)
Ronald L. Glade (IL)
Brent C. Godshalk (IN)
Benny B. Gonzales (TX)
Robert L. Gordon (IL)
Jerry W. Gott (IA)
Daniel E. Harris (IL)
Randy S. Holz (IA)
Henderson R. Hughes (NY)
James L. Hummel (WA)
Joseph T. Ingiosi (MI)
Michael J. Javenkoski (MN)
Katlin W. Johnson (LA)
Don L. Jorgensen (WY)
Steven T. Juhl (WI)
Joseph A. Kipus (OH)
Kevin L. Kreakie (OH)
Gerald D. Layton (TX)
Steve F. Levicoff (PA)
Kevin C. Lewis (LA)
Richard M. Mackey (TX)
Timothy M. Malo (ME)
Paul J. Marshall (UT)
David L. McDonald (IL)
Kevin J. McGrath (MA)
Thomas K. Miszler (PA)
Jerry W. Murphy (MS)
Christopher D. Murray (NC)
Robert D. Noe (IL)
Kyle W. Parker (CA)
Timothy K. Price (WV)
Eric D. Roberts (MI)
Gary L. Roberts (CT)
Juan C. Rodriguez-Martinez (CA)
Tommy A. Rollins (GA)
Janice M. Rowles (PA)
William B. Rupert, Jr. (PA)
Ahmed A. Saleh (MI)
Bradlee R. Saxby (IL)
Robert M. Schmitz (IA)
Barry L. Schwab (MI)
Brian R. Schwint (IA)
Geoffrey E. Showaker (PA)
Nicholas J. Shultz (IN)
Dicky W. Shuttlesworth (TX)
Bryce J. Smith (UT)
David R. Sprenkel (PA)
Jeffrey R. Stevens (PA)
Artilla M. Thomas (IL)
George E. Thompson (NJ)
Dale W. Tucker (VA)
William C. Vickery (NY)
Robert A. Whitcomb (MA)
Rodney L. Wichman (IL)
Richard D. Wiegartz (IL)

    The drivers were included in Docket Nos. FMCSA-2014-0019; FMCSA-
2014-0020. Their exemptions are effective as of September 16, 2016, and 
will expire on September 16, 2018.
    As of September 20, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 13 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 42477; 75 FR 
57329):

Tommy S. Boden (ID)
Dustin G. Cook (OH)
Nathan J. Enloe (MO)
Joseph B. Hall (GA)
Mark H. Horne (NH)
Michael J. Hurst (MI)
Chad W. Lawyer (IN)
John R. Little (OK)
Thomas A. Mentley (NY)
Justin P. Sibigtroth (IL)
Duane A. Wages (ND)
Michael J. Williams (NY)
Edward L. Winget, Sr. (MS)

    The drivers were included in Docket No. FMCSA-2010-0188. Their 
exemptions are effective as of September 20, 2016, and will expire on 
September 20, 2018.
    As of September 27, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 8 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 46149; 77 FR 
59450):

Kevin M. Brown (CO)
Vernon V. Cromartie (NJ)
Eric C. Fuller (AZ)
Matthew R. Lanciault (NH)
Steven L. Leslie (MI)
Del A. Meath (MN)
Benny D. Puck (IA)
Bob F. Rice (WA)

    The drivers were included in Docket No. FMCSA-2012-0164. Their 
exemptions are effective as of September 27, 2016, and will expire on 
September 27, 2018. Each of the 97 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 
97 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-2010-0188; FMCSA-2012-0164 FMCSA-2014-
0019; FMCSA-2014-0020.

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 97 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

[[Page 12901]]

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-2010-0188; FMCSA-
2012-0164 FMCSA-2014-0019; FMCSA-2014-0020 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 FMCSA-2010-0188; FMCSA-2012-0164 FMCSA-2014-0019; 
FMCSA-2014-0020 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. 2017-04382 Filed 3-6-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                               Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices                                            12899

                                                of the extremities likely to interfere with             stated in the discussions below.                      fmcsamedical@dot.gov, FMCSA,
                                                his ability to operate a CMV.                           Comments must be received on or                       Department of Transportation, 1200
                                                  The following 5 applicants did not                    before April 6, 2017.                                 New Jersey Avenue SE., Room W64–
                                                meet the minimum age criteria outlined                  ADDRESSES: You may submit comments                    113, Washington, DC 20590–0001.
                                                in 49 CFR 391.41(b)(1) which states that                bearing the Federal Docket Management                 Office hours are from 8 a.m. to 5:30 p.m.
                                                an individual must be at least 21 years                 System (FDMS) numbers: Docket No.                     e.t., Monday through Friday, except
                                                old to operate a CMV in interstate                      FMCSA–2010–0188; FMCSA–2012–                          Federal holidays.
                                                commerce:                                               0164 FMCSA–2014–0019; FMCSA–                          SUPPLEMENTARY INFORMATION:
                                                Alex J. Erickson (ND)                                   2014–0020 using any of the following
                                                Michael T. Fitzpatrick (MA)                                                                                   I. Background
                                                                                                        methods:
                                                Bradley R. Knudson (ND)                                   • Federal eRulemaking Portal: Go to                    Under 49 U.S.C. 31136(e) and 31315,
                                                Grant A. Mason (WA)                                     http://www.regulations.gov. Follow the                FMCSA may renew an exemption from
                                                Zachary Vanrossum (WI)                                  online instructions for submitting                    the Federal Motor Carrier Safety
                                                  The following 12 applicants were                      comments.                                             Regulations 2-year period if it finds
                                                exempt from the diabetes standard:                        • Mail: Docket Management Facility;                 ‘‘such exemption would likely achieve a
                                                Antonio Ballo (NY)                                      U.S. Department of Transportation, 1200               level of safety that is equivalent to or
                                                Davarus L. Bouknight (SC)                               New Jersey Avenue SE., West Building                  greater than the level that would be
                                                John V. Buehler (CT)                                    Ground Floor, Room W12–140,                           achieved absent such exemption.’’ The
                                                Alfred E. Canfield (OK)                                 Washington, DC 20590–0001.                            statute also allows the Agency to renew
                                                Burl E. Cox (KY)                                          • Hand Delivery or Courier: West                    exemptions at the end of the 2-year
                                                Mitchell F. Durkan (CO)                                 Building Ground Floor, Room W12–140,                  period. The 97 individuals listed in this
                                                Thomas E. Fooshee (AZ)                                                                                        notice have recently become eligible for
                                                                                                        1200 New Jersey Avenue SE.,
                                                Steven J. Hamilton (CO)                                                                                       a renewed exemption from the diabetes
                                                Sarah M. Harrison (PA)                                  Washington, DC, between 9 a.m. and 5
                                                                                                        p.m., e.t., Monday through Friday,                    prohibition in 49 CFR 391.41(b)(3),
                                                Rupert N. Isaac (PA)                                                                                          which applies to drivers of CMVs in
                                                Larry D. Lambert (TX)                                   except Federal holidays.
                                                                                                          • Fax: 1–202–493–2251.                              interstate commerce. The drivers remain
                                                Yesimar P. Lozada (IA)                                                                                        in good standing with the Agency, have
                                                                                                          Instructions: Each submission must
                                                  Issued on: February 27, 2017.
                                                                                                        include the Agency name and the                       maintained their required medical
                                                Larry W. Minor,                                         docket number for this notice. Note that              monitoring and have not exhibited any
                                                Associate Administrator for Policy.                     DOT posts all comments received                       medical issues that would compromise
                                                [FR Doc. 2017–04388 Filed 3–6–17; 8:45 am]              without change to http://                             their ability to safely operate a CMV
                                                BILLING CODE 4910–EX–P                                  www.regulations.gov, including any                    during the previous 2-year exemption
                                                                                                        personal information included in a                    period.
                                                                                                        comment. Please see the Privacy Act                   II. Exemption Decision
                                                DEPARTMENT OF TRANSPORTATION                            heading below.                                           This notice addresses 97 individuals
                                                                                                          Docket: For access to the docket to                 who have requested renewal of their
                                                Federal Motor Carrier Safety                            read background documents or
                                                Administration                                                                                                exemptions in accordance with FMCSA
                                                                                                        comments, go to http://                               procedures. These 97 drivers remain in
                                                [Docket No. FMCSA–2010–0188; FMCSA–                     www.regulations.gov at any time or                    good standing with the Agency, have
                                                2012–0164 FMCSA–2014–0019; FMCSA–                       Room W12–140 on the ground level of                   maintained their required medical
                                                2014–0020]                                              the West Building, 1200 New Jersey                    monitoring and have not exhibited any
                                                                                                        Avenue SE., Washington, DC, between 9                 medical issues that would compromise
                                                Qualification of Drivers; Exemption                     a.m. and 5 p.m., e.t., Monday through
                                                Applications; Diabetes                                                                                        their ability to safely operate a CMV
                                                                                                        Friday, except Federal holidays. The                  during the previous 2-year exemption
                                                AGENCY: Federal Motor Carrier Safety                    Federal Docket Management System                      period. Therefore, FMCSA has decided
                                                Administration (FMCSA), DOT.                            (FDMS) is available 24 hours each day,                to extend each exemption for a
                                                ACTION: Notice of renewal of                            365 days each year. If you want                       renewable two-year period. Each
                                                exemptions; request for comments.                       acknowledgment that we received your                  individual is identified according to the
                                                                                                        comments, please include a self-                      renewal date.
                                                SUMMARY:   FMCSA announces its                          addressed, stamped envelope or                           The exemptions are renewed subject
                                                decision to renew the exemptions of 97                  postcard or print the acknowledgement                 to the following conditions: (1) That
                                                individuals from its rule prohibiting                   page that appears after submitting                    each individual submit a quarterly
                                                persons with insulin-treated diabetes                   comments online.                                      monitoring checklist completed by the
                                                mellitus (ITDM) from operating                            Privacy Act: Anyone may search the                  treating endocrinologist as well as an
                                                commercial motor vehicles (CMVs) in                     electronic form of all comments                       annual checklist with a comprehensive
                                                interstate commerce. FMCSA has                          received into any of our dockets by the               medical evaluation; (2) that each
                                                statutory authority to exempt                           name of the individual submitting the                 individual reports within 2 business
                                                individuals from this rule if the                       comment (or of the person signing the                 days of occurrence, all episodes of
                                                exemptions granted will not                             comment, if submitted on behalf of an                 severe hypoglycemia, significant
                                                compromise safety. The Agency has                       association, business, labor union, etc.).            complications, or inability to manage
                                                concluded that granting these                           You may review DOT’s Privacy Act                      diabetes; also, any involvement in an
sradovich on DSK3GMQ082PROD with NOTICES




                                                exemption renewals will provide a level                 Statement for the Federal Docket                      accident or any other adverse event in
                                                of safety that is equivalent to or greater              Management System (FDMS) published                    a CMV or personal vehicle, whether or
                                                than the level of safety maintained                     in the Federal Register on January 17,                not it is related to an episode of
                                                without the exemptions for these CMV                    2008 (73 FR 3316).                                    hypoglycemia; (3) that each individual
                                                drivers.                                                FOR FURTHER INFORMATION CONTACT: Ms.                  submit an annual ophthalmologist’s or
                                                DATES: Each group of renewed                            Christine A. Hydock, Chief, Medical                   optometrist’s report; and (4) that each
                                                exemptions are effective from the dates                 Programs Division, 202–366–4001,                      individual provide a copy of the annual


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                                                12900                          Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices

                                                medical certification to the employer for               Richard M. Mackey (TX)                                31315, the following 8 individuals have
                                                retention in the driver’s qualification                 Timothy M. Malo (ME)                                  satisfied the renewal conditions for
                                                file, or keep a copy in his/her driver’s                Paul J. Marshall (UT)                                 obtaining an exemption from the rule
                                                qualification file if he/she is self-                   David L. McDonald (IL)                                prohibiting drivers with ITDM from
                                                employed. The driver must also have a                   Kevin J. McGrath (MA)                                 driving CMVs in interstate commerce
                                                copy of the certification when driving,                 Thomas K. Miszler (PA)                                (77 FR 46149; 77 FR 59450):
                                                for presentation to a duly authorized                   Jerry W. Murphy (MS)                                  Kevin M. Brown (CO)
                                                Federal, State, or local enforcement                    Christopher D. Murray (NC)                            Vernon V. Cromartie (NJ)
                                                official.                                               Robert D. Noe (IL)                                    Eric C. Fuller (AZ)
                                                                                                        Kyle W. Parker (CA)                                   Matthew R. Lanciault (NH)
                                                III. Basis for Renewing Exemptions                      Timothy K. Price (WV)                                 Steven L. Leslie (MI)
                                                  Under 49 U.S.C. 31315(b)(1), an                       Eric D. Roberts (MI)                                  Del A. Meath (MN)
                                                exemption may be granted for no longer                  Gary L. Roberts (CT)                                  Benny D. Puck (IA)
                                                than two years from its approval date                   Juan C. Rodriguez-Martinez (CA)                       Bob F. Rice (WA)
                                                and may be renewed upon application                     Tommy A. Rollins (GA)                                   The drivers were included in Docket
                                                for additional two year periods. The                    Janice M. Rowles (PA)
                                                                                                                                                              No. FMCSA–2012–0164. Their
                                                following groups of drivers received                    William B. Rupert, Jr. (PA)
                                                                                                                                                              exemptions are effective as of
                                                renewed exemptions in the month of                      Ahmed A. Saleh (MI)
                                                                                                                                                              September 27, 2016, and will expire on
                                                September and are discussed below.                      Bradlee R. Saxby (IL)
                                                                                                                                                              September 27, 2018. Each of the 97
                                                  As of September 16, 2016, and in                      Robert M. Schmitz (IA)
                                                                                                                                                              drivers in the aforementioned groups
                                                accordance with 49 U.S.C. 31136(e) and                  Barry L. Schwab (MI)
                                                                                                                                                              qualifies for a renewal of the exemption.
                                                31315, the following 76 individuals                     Brian R. Schwint (IA)
                                                                                                                                                              They have maintained their required
                                                have satisfied the renewal conditions for               Geoffrey E. Showaker (PA)
                                                                                                                                                              medical monitoring and have not
                                                obtaining an exemption from the rule                    Nicholas J. Shultz (IN)
                                                                                                                                                              exhibited any medical issues that would
                                                prohibiting drivers with ITDM from                      Dicky W. Shuttlesworth (TX)
                                                                                                        Bryce J. Smith (UT)                                   compromise their ability to safely
                                                driving CMVs in interstate commerce
                                                                                                        David R. Sprenkel (PA)                                operate a CMV during the previous 2-
                                                (79 FR 47702; 79 FR 47711; 79 FR
                                                                                                        Jeffrey R. Stevens (PA)                               year exemption period.
                                                63210; 79 FR 63219):
                                                                                                        Artilla M. Thomas (IL)                                  These factors provide an adequate
                                                Vincent M. Branch (VA)                                                                                        basis for predicting each driver’s ability
                                                James M. Brooks (VA)                                    George E. Thompson (NJ)
                                                                                                        Dale W. Tucker (VA)                                   to continue to drive safely in interstate
                                                Gary L. Brown (PA)                                                                                            commerce. Therefore, FMCSA
                                                Perry C. Bullis (PA)                                    William C. Vickery (NY)
                                                                                                        Robert A. Whitcomb (MA)                               concludes that extending the exemption
                                                Christopher J. Burkhart (MO)                                                                                  for each of the 97 drivers for a period
                                                Richard E. Campney (IA)                                 Rodney L. Wichman (IL)
                                                                                                        Richard D. Wiegartz (IL)                              of two years is likely to achieve a level
                                                Steven J. Causie (MI)                                                                                         of safety equal to that existing without
                                                Wesley A. Chain (TX)                                       The drivers were included in Docket                the exemption. The drivers were
                                                Kristy S.R. Clark (VA)                                  Nos. FMCSA–2014–0019; FMCSA–                          included in docket numbers FMCSA–
                                                Richard M. Cohen (NJ)                                   2014–0020. Their exemptions are                       2010–0188; FMCSA–2012–0164
                                                Alex A. Comella (NJ)                                    effective as of September 16, 2016, and               FMCSA–2014–0019; FMCSA–2014–
                                                Royce N. Cordova (WA)                                   will expire on September 16, 2018.                    0020.
                                                Robert Curry (NY)                                          As of September 20, 2016, and in
                                                Dwayne P. Daniels (IL)                                  accordance with 49 U.S.C. 31136(e) and                IV. Request for Comments
                                                James T. Dodge (CO)                                     31315, the following 13 individuals                      FMCSA will review comments
                                                Richard D. Domingo (NV)                                 have satisfied the renewal conditions for             received at any time concerning a
                                                John J. Dominguez (TX)                                  obtaining an exemption from the rule                  particular driver’s safety record and
                                                Bradley C. Dunlap (IL)                                  prohibiting drivers with ITDM from
                                                Andrew C. Frykholm (MA)                                                                                       determine if the continuation of the
                                                                                                        driving CMVs in interstate commerce                   exemption is consistent with the
                                                Lyle O. Gahler (MN)                                     (75 FR 42477; 75 FR 57329):
                                                Gary W. Giles (TX)                                                                                            requirements at 49 U.S.C. 31136(e) and
                                                                                                        Tommy S. Boden (ID)                                   31315. However, FMCSA requests that
                                                John A. Gillingham (PA)                                 Dustin G. Cook (OH)
                                                Ronald L. Glade (IL)                                                                                          interested parties with specific data
                                                                                                        Nathan J. Enloe (MO)                                  concerning the safety records of these
                                                Brent C. Godshalk (IN)
                                                                                                        Joseph B. Hall (GA)                                   drivers submit comments by April 6,
                                                Benny B. Gonzales (TX)
                                                                                                        Mark H. Horne (NH)                                    2017.
                                                Robert L. Gordon (IL)
                                                                                                        Michael J. Hurst (MI)                                    FMCSA believes that the
                                                Jerry W. Gott (IA)
                                                                                                        Chad W. Lawyer (IN)                                   requirements for a renewal of an
                                                Daniel E. Harris (IL)
                                                Randy S. Holz (IA)                                      John R. Little (OK)                                   exemption under 49 U.S.C. 31136(e) and
                                                Henderson R. Hughes (NY)                                Thomas A. Mentley (NY)                                31315 can be satisfied by initially
                                                James L. Hummel (WA)                                    Justin P. Sibigtroth (IL)                             granting the renewal and then
                                                Joseph T. Ingiosi (MI)                                  Duane A. Wages (ND)                                   requesting and evaluating, if needed,
                                                Michael J. Javenkoski (MN)                              Michael J. Williams (NY)                              subsequent comments submitted by
                                                                                                        Edward L. Winget, Sr. (MS)                            interested parties. As indicated above,
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                                                Katlin W. Johnson (LA)
                                                Don L. Jorgensen (WY)                                      The drivers were included in Docket                the Agency previously published
                                                Steven T. Juhl (WI)                                     No. FMCSA–2010–0188. Their                            notices of final disposition announcing
                                                Joseph A. Kipus (OH)                                    exemptions are effective as of                        its decision to exempt these 97
                                                Kevin L. Kreakie (OH)                                   September 20, 2016, and will expire on                individuals from rule prohibiting
                                                Gerald D. Layton (TX)                                   September 20, 2018.                                   persons with ITDM from operating
                                                Steve F. Levicoff (PA)                                     As of September 27, 2016, and in                   CMVs in interstate commerce in 49 CFR
                                                Kevin C. Lewis (LA)                                     accordance with 49 U.S.C. 31136(e) and                391.41(b)(3). The final decision to grant


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                                                                               Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices                                            12901

                                                an exemption to each of these                           VI. Viewing Comments and Documents                    Management System (FDMS) at: http://
                                                individuals was made on the merits of                      To view comments, as well as any                   www.regulations.gov.
                                                each case and made only after careful                   documents mentioned in this preamble,                    Docket: For access to the docket to
                                                consideration of the comments received                  go to http://www.regulations.gov and in               read background documents or
                                                to its notices of applications. The                     the search box insert the docket number               comments, go to http//
                                                notices of applications stated in detail                FMCSA–2010–0188; FMCSA–2012–                          www.regulations.gov and/or Room
                                                the medical condition of each applicant                 0164 FMCSA–2014–0019; FMCSA–                          W12–140 on the ground level of the
                                                for an exemption from rule prohibiting                  2014–0020 and click ‘‘Search.’’ Next,                 West Building, 1200 New Jersey Avenue
                                                persons with ITDM from operating                        click ‘‘Open Docket Folder’’ and you                  SE., Washington, DC, between 9 a.m.
                                                CMVs in interstate commerce. That                       will find all documents and comments                  and 5 p.m., e.t., Monday through Friday,
                                                information is available by consulting                  related to this notice.                               except Federal holidays.
                                                the above cited Federal Register                                                                                 Privacy Act: In accordance with 5
                                                publications.                                             Issued on: February 28, 2017.                       U.S.C. 553(c), DOT solicits comments
                                                                                                        Larry W. Minor,                                       from the public to better inform its
                                                  Interested parties or organizations
                                                                                                        Associate Administrator for Policy.                   rulemaking process. DOT posts these
                                                possessing information that would
                                                                                                        [FR Doc. 2017–04382 Filed 3–6–17; 8:45 am]            comments, without edit, including any
                                                otherwise show that any, or all, of these
                                                                                                        BILLING CODE 4910–EX–P                                personal information the commenter
                                                drivers are not currently achieving the
                                                                                                                                                              provides, to http://www.regulations.gov,
                                                statutory level of safety should
                                                                                                                                                              as described in the system of records
                                                immediately notify FMCSA. The
                                                                                                        DEPARTMENT OF TRANSPORTATION                          notice (DOT/ALL–14 FDMS), which can
                                                Agency will evaluate any adverse
                                                                                                                                                              be reviewed at http://www.dot.gov/
                                                evidence submitted and, if safety is                    Federal Motor Carrier Safety                          privacy.
                                                being compromised or if continuation of                 Administration
                                                the exemption would not be consistent                                                                         II. Background
                                                with the goals and objectives of 49                     [Docket No. FMCSA–2008–0071; FMCSA–
                                                                                                        2012–0044; FMCSA–2012–0107; FMCSA–                       On December 29, 2016, FMCSA
                                                U.S.C. 31136(e) and 31315, FMCSA will                                                                         published a notice announcing its
                                                                                                        2014–0015; FMCSA–2014–0016]
                                                take immediate steps to revoke the                                                                            decision to renew exemptions for 78
                                                exemption of a driver.                                  Qualification of Drivers; Exemption                   individuals from the insulin-treated
                                                V. Submitting Comments                                  Applications; Diabetes                                diabetes mellitus prohibition in 49 CFR
                                                                                                                                                              391.41(b)(3) to operate a CMV in
                                                   You may submit your comments and                     AGENCY: Federal Motor Carrier Safety
                                                                                                                                                              interstate commerce and requested
                                                material online or by fax, mail, or hand                Administration (FMCSA), DOT.
                                                                                                                                                              comments from the public (81 FR
                                                delivery, but please use only one of                    ACTION: Notice of final disposition.                  96176). The public comment period
                                                these means. FMCSA recommends that                      SUMMARY:    FMCSA announces its                       ended on January 30, 2017, and no
                                                you include your name and a mailing                     decision to renew exemptions of 78                    comments were received.
                                                address, an email address, or a phone                   individuals from its prohibition in the                  As stated in the previous notice,
                                                number in the body of your document                     Federal Motor Carrier Safety                          FMCSA has evaluated the eligibility of
                                                so that FMCSA can contact you if there                  Regulations (FMCSRs) against persons                  these applicants and determined that
                                                are questions regarding your                            with insulin-treated diabetes mellitus                renewing these exemptions would
                                                submission.                                             (ITDM) from operating commercial                      achieve a level of safety equivalent to or
                                                   To submit your comment online, go to                 motor vehicles (CMVs) in interstate                   greater than the level that would be
                                                http://www.regulations.gov and in the                   commerce. The exemptions enable these                 achieved by complying with the current
                                                search box insert the docket numbers                    individuals with ITDM to continue to                  regulation 49 CFR 391.41(b)(3).
                                                FMCSA–2010–0188; FMCSA–2012–                            operate CMVs in interstate commerce.                     The physical qualification standard
                                                0164 FMCSA–2014–0019; FMCSA–                                                                                  for drivers regarding diabetes found in
                                                                                                        DATES: Each group of renewed
                                                2014–0020 and click the search button.                                                                        49 CFR 391.41(b)(3) states that a person
                                                                                                        exemptions was effective on the dates
                                                When the new screen appears, click on                                                                         is physically qualified to drive a CMV
                                                                                                        stated in the discussions below and will
                                                the blue ‘‘Comment Now!’’ button on                                                                           if that person has no established
                                                                                                        expire on the dates stated in the
                                                the right hand side of the page. On the                                                                       medical history or clinical diagnosis of
                                                                                                        discussions below.
                                                new page, enter information required                                                                          diabetes mellitus currently requiring
                                                                                                        FOR FURTHER INFORMATION CONTACT: Ms.                  insulin for control.
                                                including the specific section of this                  Christine A. Hydock, Chief, Medical
                                                document to which each comment                          Programs Division, 202–366–4001,                      III. Discussion of Comments
                                                applies, and provide a reason for each                  fmcsamedical@dot.gov, FMCSA,                             FMCSA received no comments in this
                                                suggestion or recommendation. If you                    Department of Transportation, 1200                    preceding.
                                                submit your comments by mail or hand                    New Jersey Avenue SE., Room W64–
                                                delivery, submit them in an unbound                     224, Washington, DC 20590–0001.                       IV. Conclusion
                                                format, no larger than 81⁄2 by 11 inches,               Office hours are from 8 a.m. to 5:30                    Based upon its evaluation of the 78
                                                suitable for copying and electronic                     p.m., e.t., Monday through Friday,                    renewal exemption applications and
                                                filing. If you submit comments by mail                  except Federal holidays. If you have                  that no comments were received,
                                                and would like to know that they                        questions regarding viewing or                        FMCSA confirms its’ decision to exempt
                                                reached the facility, please enclose a
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                                                                                                        submitting material to the docket,                    the following drivers from the rule
                                                stamped, self-addressed postcard or                     contact Docket Services, telephone (202)              prohibiting drivers with ITDM from
                                                envelope.                                               366–9826.                                             driving CMVs in interstate commerce in
                                                   We will consider all comments and                    SUPPLEMENTARY INFORMATION:                            49 CFR 391.41(b)(3):
                                                material received during the comment                                                                            As of June 3, 2016, and in accordance
                                                period. FMCSA may issue a final                         I. Electronic Access                                  with 49 U.S.C. 31136(e) and 31315, the
                                                determination at any time after the close                  You may see all the comments online                following 10 individuals have satisfied
                                                of the comment period.                                  through the Federal Document                          the renewal conditions for obtaining an


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Document Created: 2018-02-01 14:48:59
Document Modified: 2018-02-01 14:48:59
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 12899 

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