82 FR 13042 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 44 (March 8, 2017)

Page Range		13042-13043
FR Document		2017-04528

FMCSA announces its decision to renew exemptions of 47 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 44 (Wednesday, March 8, 2017)

[Federal Register Volume 82, Number 44 (Wednesday, March 8, 2017)]
[Notices]
[Pages 13042-13043]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04528]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0382; FMCSA-2011-0383; FMCSA-2013-0194; FMCSA-
2014-0012; FMCSA-2014-0013]


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 47 
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 November 25, 2016, FMCSA published a notice announcing its 
decision to renew exemptions for 47 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 85317). The public comment period ended on December 27, 2016, 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 47 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 April 1, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 24 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 6987; 79 FR 
18388):

Dana A. Albert (NY)
John R. Benshoff (OH)
George A. Blanda (NY)
Terrence K. Cannon (IL)
Trisha J. Davis (ME)
Paul D. Ferris (NY)
Larry Gaskill (RI)
Thomas H. Gaskins (NC)
Gary A. Grant (WA)
Brian C. Halcomb (IL)
Gerald Lee (CA)
Timothy R. Lewis (OR)
Gregory J. Littlefield (MN)
Glen H. Miller (MI)
Ryan M. Ottis (ND)
Steven M. Parsons (WV)
William L. Reece (ND)
Jay R. Rude (AZ)
Denise D. Ruffin (MS)
Ryan E. Stretch (MO)
William F. Sullivan, IV (NY)
John R. Thompson (WI)
Everette L. Twyman (MO)
John F. Whitesides (NC)

    The drivers were included in Docket No. FMCSA-2013-0194. Their 
exemptions are effective as of April 1, 2016, and will expire on April 
1, 2018.
    As of April 6, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the

[[Page 13043]]

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 (77 FR 10612; 77 FR 20874):

Rick J. Birdsall (NE)
Steven L. Drake (CA)
Benjamin J. Duea (MN)
Steven E. Greer (MN)
Jonathan E. Hunsaker (OR)
William D. Larsen (SD)
Lee A. Richardson (NC)
William W. Simmons (FL)
Ronald O. Snyder (OH)
Douglas J. Wood (NY)

    The drivers were included in Docket No. FMCSA-2011-0382. Their 
exemptions are effective as of April 6, 2016, and will expire on April 
6, 2018.
    As of April 15, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, Maximo E. Gaytan (CO) has satisfied the renewal conditions for 
obtaining an exemption from the rule prohibiting drivers with ITDM from 
driving CMVs in interstate commerce (79 FR 14579; 79 FR 28590):
    This driver was included in Docket No. FMCSA-2014-0013. The 
exemption is effective as of April 15, 2016, and will expire on April 
15, 2018.
    As of April 27, 2016, 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 (77 FR 13686; 77 FR 
25227):

Alvin Acevedo (NJ)
Bobby D. Bennett (GA)
Mark S. Clemence (KS)
Elwood F. Gorom (WA)
Mike W. Holland (IL)
Dan M. McAllister (WI)
Paul F. Rivers (MN)
Marcus V. Romo (ID)
Wayne L. Snyder (OH)
Justin K. Zimmerschied (KS)

    The drivers were included in Docket No. FMCSA-2011-0383. Their 
exemptions are effective as of April 27, 2016, and will expire on April 
27, 2018.
    As of April 30, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 2 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 10612; 79 FR 
14579; 79 FR 28590; 79 FR 27685):

Charles L. Bryant (PA)
Christopher P. Martin (NH)

    The drivers were included in Docket Nos. FMCSA-2014-0012; FMCSA-
2014-0013. Their exemptions are effective as of April 30, 2016, and 
will expire on April 30, 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 28, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-04528 Filed 3-7-17; 8:45 am]
 BILLING CODE 4910-EX-P

13042 Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices

Type of Review: Extension without individuals from its prohibition in the As stated in the previous notice,
change. Federal Motor Carrier Safety FMCSA has evaluated the eligibility of
Respondents: Class I railroads Regulations (FMCSRs) against persons these applicants and determined that
(railroads with operating revenues with insulin-treated diabetes mellitus renewing these exemptions would
exceeding $457,913,998 million). (ITDM) from operating commercial achieve a level of safety equivalent to or
Number of Respondents: Seven. motor vehicles (CMVs) in interstate greater than the level that would be
Estimated Time per Response: One commerce. The exemptions enable these achieved by complying with the current
hour. individuals with ITDM to continue to regulation 49 CFR 391.41(b)(3).
Frequency: Quarterly. operate CMVs in interstate commerce. The physical qualification standard
Total Burden Hours (annually for drivers regarding diabetes found in
DATES: Each group of renewed
including all respondents): 28. 49 CFR 391.41(b)(3) states that a person
Total ‘‘Non-hour Burden’’ Cost: None exemptions was effective on the dates
stated in the discussions below and will is physically qualified to drive a CMV
identified.
Needs and Uses: Under 49 U.S.C. expire on the dates stated in the if that person has no established
10702, the Board has the authority to discussions below. medical history or clinical diagnosis of
address the reasonableness of a rail FOR FURTHER INFORMATION CONTACT: Ms. diabetes mellitus currently requiring
carrier’s practices. This information Christine A. Hydock, Chief, Medical insulin for control.
collection permits the Board to monitor Programs Division, 202–366–4001, III. Discussion of Comments
the current fuel surcharge practices of fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 FMCSA received no comments in this
the Class I carriers. Failure to collect
New Jersey Avenue SE., Room W64– preceding.
this information would impede the
Board’s ability to fulfill its statutory 224, Washington, DC 20590–0001. IV. Conclusion
responsibilities. The Board has Office hours are from 8 a.m. to 5:30
Based upon its evaluation of the 47
authority to collect information about p.m., e.t., Monday through Friday,
renewal exemption applications and
rail costs and revenues under 49 U.S.C. except Federal holidays. If you have
that no comments were received,
11144 and 11145. questions regarding viewing or
FMCSA confirms its’ decision to exempt
Under the PRA, a federal agency that submitting material to the docket,
the following drivers from the rule
conducts or sponsors a collection of contact Docket Services, telephone (202)
prohibiting drivers with ITDM from
information must display a currently 366–9826.
driving CMVs in interstate commerce in
valid OMB control number. A collection SUPPLEMENTARY INFORMATION: 49 CFR 391.41(b)(3):
of information, which is defined in 44 As of April 1, 2016, and in accordance
U.S.C. 3502(3) and 5 CFR 1320.3(c), I. Electronic Access
with 49 U.S.C. 31136(e) and 31315, the
includes agency requirements that You may see all the comments online following 24 individuals have satisfied
persons submit reports, keep records, or through the Federal Document the renewal conditions for obtaining an
provide information to the agency, third Management System (FDMS) at: http:// exemption from the rule prohibiting
parties, or the public. Under 44 U.S.C. www.regulations.gov. drivers with ITDM from driving CMVs
3506(c)(2)(A), federal agencies are Docket: For access to the docket to in interstate commerce (79 FR 6987; 79
required to provide, prior to an agency’s read background documents or FR 18388):
submitting a collection to OMB for comments, go to http://
approval, a 60-day notice and comment www.regulations.gov and/or Room Dana A. Albert (NY)
period through publication in the W12–140 on the ground level of the John R. Benshoff (OH)
Federal Register concerning each West Building, 1200 New Jersey Avenue George A. Blanda (NY)
proposed collection of information, SE., Washington, DC, between 9 a.m. Terrence K. Cannon (IL)
including each proposed extension of an and 5 p.m., e.t., Monday through Friday, Trisha J. Davis (ME)
existing collection of information. except Federal holidays. Paul D. Ferris (NY)
Privacy Act: In accordance with 5 Larry Gaskill (RI)
Dated: March 3, 2017. Thomas H. Gaskins (NC)
Jeffrey Herzig,
U.S.C. 553(c), DOT solicits comments
from the public to better inform its Gary A. Grant (WA)
Clearance Clerk. Brian C. Halcomb (IL)
rulemaking process. DOT posts these
[FR Doc. 2017–04556 Filed 3–7–17; 8:45 am]
comments, without edit, including any Gerald Lee (CA)
BILLING CODE 4915–01–P personal information the commenter Timothy R. Lewis (OR)
provides, to http://www.regulations.gov, Gregory J. Littlefield (MN)
as described in the system of records Glen H. Miller (MI)
DEPARTMENT OF TRANSPORTATION notice (DOT/ALL–14 FDMS), which can Ryan M. Ottis (ND)
be reviewed at http://www.dot.gov/ Steven M. Parsons (WV)
Federal Motor Carrier Safety privacy. William L. Reece (ND)
Administration Jay R. Rude (AZ)
II. Background Denise D. Ruffin (MS)
[Docket No. FMCSA–2011–0382; FMCSA–
2011–0383; FMCSA–2013–0194; FMCSA– On November 25, 2016, FMCSA Ryan E. Stretch (MO)
2014–0012; FMCSA–2014–0013] published a notice announcing its William F. Sullivan, IV (NY)
decision to renew exemptions for 47 John R. Thompson (WI)
Qualification of Drivers; Exemption individuals from the insulin-treated Everette L. Twyman (MO)
mstockstill on DSK3G9T082PROD with NOTICES

Applications; Diabetes diabetes mellitus prohibition in 49 CFR John F. Whitesides (NC)
AGENCY: Federal Motor Carrier Safety 391.41(b)(3) to operate a CMV in The drivers were included in Docket
Administration (FMCSA), DOT. interstate commerce and requested No. FMCSA–2013–0194. Their
ACTION: Notice of final disposition. comments from the public (81 FR exemptions are effective as of April 1,
85317). The public comment period 2016, and will expire on April 1, 2018.
SUMMARY: FMCSA announces its ended on December 27, 2016, and no As of April 6, 2016, and in accordance
decision to renew exemptions of 47 comments were received. with 49 U.S.C. 31136(e) and 31315, the

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Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices 13043

following 10 individuals, have satisfied 2014–0013. Their exemptions are New Jersey Avenue SE., Room W64–
the renewal conditions for obtaining an effective as of April 30, 2016, and will 224, Washington, DC 20590–0001.
exemption from the rule prohibiting expire on April 30, 2018. Office hours are from 8:30 a.m. to 5
drivers with ITDM from driving CMVs In accordance with 49 U.S.C. 31315, p.m., e.t., Monday through Friday,
in interstate commerce (77 FR 10612; 77 each exemption will be valid for two except Federal holidays. If you have
FR 20874): years from the effective date unless questions regarding viewing or
Rick J. Birdsall (NE) revoked earlier by FMCSA. The submitting material to the docket,
Steven L. Drake (CA) exemption will be revoked if the contact Docket Services, telephone (202)
Benjamin J. Duea (MN) following occurs: (1) the person fails to 366–9826.
Steven E. Greer (MN) comply with the terms and conditions ADDRESSES: You may submit comments
Jonathan E. Hunsaker (OR) of the exemption; (2) the exemption has bearing the Federal Docket Management
William D. Larsen (SD) resulted in a lower level of safety than System (FDMS) Docket No. FMCSA–
Lee A. Richardson (NC) was maintained prior to being granted; 2000–7363; FMCSA–2000–7918;
William W. Simmons (FL) or (3) continuation of the exemption FMCSA–2000–8398; FMCSA–2002–
Ronald O. Snyder (OH) would not be consistent with the goals 13411; FMCSA–2004–17984; FMCSA–
Douglas J. Wood (NY) and objectives of 49 U.S.C. 31136 and 2006–24015; FMCSA–2006–24783;
31315. FMCSA–2006–25246; FMCSA–2006–
The drivers were included in Docket
No. FMCSA–2011–0382. Their Issued on: February 28, 2017. 26066; FMCSA–2008–0266; FMCSA–
exemptions are effective as of April 6, Larry W. Minor, 2008–0292; FMCSA–2008–0340;
FMCSA–2010–0201; FMCSA–2010–
2016, and will expire on April 6, 2018. Associate Administrator for Policy.
0385; FMCSA–2012–0337; FMCSA–
As of April 15, 2016, and in [FR Doc. 2017–04528 Filed 3–7–17; 8:45 am]
2012–0338; FMCSA–2012–0339;
accordance with 49 U.S.C. 31136(e) and BILLING CODE 4910–EX–P FMCSA–2014–0296; FMCSA–2014–
31315, Maximo E. Gaytan (CO) has
0299; FMCSA–2014–0301 using any of
satisfied the renewal conditions for
the following methods:
obtaining an exemption from the rule DEPARTMENT OF TRANSPORTATION • Federal eRulemaking Portal: Go to
prohibiting drivers with ITDM from http://www.regulations.gov. Follow the
driving CMVs in interstate commerce Federal Motor Carrier Safety
online instructions for submitting
(79 FR 14579; 79 FR 28590): Administration
comments.
This driver was included in Docket [Docket No. FMCSA–2000–7363; FMCSA– • Mail: Docket Management Facility;
No. FMCSA–2014–0013. The exemption 2000–7918; FMCSA–2000–8398; FMCSA– U.S. Department of Transportation, 1200
is effective as of April 15, 2016, and will 2002–13411; FMCSA–2004–17984; FMCSA– New Jersey Avenue SE., West Building
expire on April 15, 2018. 2006–24015; FMCSA–2006–24783; FMCSA– Ground Floor, Room W12–140,
As of April 27, 2016, and in 2006–25246; FMCSA–2006–26066; FMCSA– Washington, DC 20590–0001.
accordance with 49 U.S.C. 31136(e) and 2008–0266; FMCSA–2008–0292; FMCSA– • Hand Delivery: West Building
31315, the following 10 individuals, 2008–0340; FMCSA–2010–0201; FMCSA–
Ground Floor, Room W12–140, 1200
have satisfied the renewal conditions for 2010–0385; FMCSA–2012–0337; FMCSA–
2012–0338; FMCSA–2012–0339; FMCSA– New Jersey Avenue SE., Washington,
obtaining an exemption from the rule 2014–0296; FMCSA–2014–0299; FMCSA– DC, between 9 a.m. and 5 p.m., e.t.,
prohibiting drivers with ITDM from 2014–0301] Monday through Friday, except Federal
driving CMVs in interstate commerce Holidays.
(77 FR 13686; 77 FR 25227): Qualification of Drivers; Exemption • Fax: 1–202–493–2251.
Alvin Acevedo (NJ) Applications; Vision Instructions: Each submission must
Bobby D. Bennett (GA) include the Agency name and the
AGENCY: Federal Motor Carrier Safety docket number(s) for this notice. Note
Mark S. Clemence (KS)
Administration (FMCSA), DOT. that all comments received will be
Elwood F. Gorom (WA)
ACTION: Notice of renewal of posted without change to http://
Mike W. Holland (IL)
Dan M. McAllister (WI) exemptions; request for comments. www.regulations.gov, including any
Paul F. Rivers (MN) personal information provided. Please
SUMMARY: FMCSA announces its
Marcus V. Romo (ID) see the Privacy Act heading below for
decision to renew exemptions for 62
Wayne L. Snyder (OH) further information.
individuals from the vision requirement Docket: For access to the docket to
Justin K. Zimmerschied (KS) in the Federal Motor Carrier Safety read background documents or
The drivers were included in Docket Regulations (FMCSRs) for interstate comments, go to http://
No. FMCSA–2011–0383. Their commercial motor vehicle (CMV) www.regulations.gov at any time or
exemptions are effective as of April 27, drivers. The exemptions enable these Room W12–140 on the ground level of
2016, and will expire on April 27, 2018. individuals to continue to operate CMVs the West Building, 1200 New Jersey
As of April 30, 2016, and in in interstate commerce without meeting Avenue SE., Washington, DC, between 9
accordance with 49 U.S.C. 31136(e) and the vision requirement in one eye. a.m. and 5 p.m., e.t., Monday through
31315, the following 2 individuals, have DATES: Each group of renewed Friday, except Federal holidays. The
satisfied the renewal conditions for exemptions was effective on the dates FDMS is available 24 hours each day,
obtaining an exemption from the rule stated in the discussions below and will 365 days each year. If you want
prohibiting drivers with ITDM from expire on the dates stated in the acknowledgment that we received your
mstockstill on DSK3G9T082PROD with NOTICES

driving CMVs in interstate commerce discussions below. Comments must be comments, please include a self-
(79 FR 10612; 79 FR 14579; 79 FR received on or before April 7, 2017. addressed, stamped envelope or
28590; 79 FR 27685): FOR FURTHER INFORMATION CONTACT: Ms. postcard or print the acknowledgement
Charles L. Bryant (PA) Christine A. Hydock, Chief, Medical page that appears after submitting
Christopher P. Martin (NH) Programs Division, 202–366–4001, comments online.
The drivers were included in Docket fmcsamedical@dot.gov, FMCSA, Privacy Act: In accordance with 5
Nos. FMCSA–2014–0012; FMCSA– Department of Transportation, 1200 U.S.C. 553(c), DOT solicits comments

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Document Created: 2017-03-08 05:06:38
Document Modified: 2017-03-08 05:06:38

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 13042

82 FR 13042 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 44 (March 8, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration