82 FR 13180 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 45 (March 9, 2017)

Page Range		13180-13182
FR Document		2017-04693

FMCSA announces its decision to renew the exemptions of 71 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 45 (Thursday, March 9, 2017)

[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Notices]
[Pages 13180-13182]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04693]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-0070; FMCSA-2014-0313]


Qualification of Drivers; Exemption Applications; Diabetes

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

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

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SUMMARY: FMCSA announces its decision to renew the exemptions of 71 
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 10, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. FMCSA-2007-0070; FMCSA-
2014-0313 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number for this notice. Note that DOT posts all comments 
received without change to http://www.regulations.gov, including any 
personal information included in a comment. Please see the Privacy Act 
heading below.

[[Page 13181]]

    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays. The Federal Docket Management System (FDMS) is 
available 24 hours each day, 365 days each year. If you want 
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's Privacy Act Statement for the Federal Docket 
Management System (FDMS) published in the Federal Register on January 
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, 202-366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, 
Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m., 
e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

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 71 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 71 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. These 71 drivers 
remain in good standing with the Agency, have maintained their required 
medical monitoring and have not exhibited any medical issues that would 
compromise their ability to safely operate a CMV during the previous 2-
year exemption period. Therefore, FMCSA has decided to extend each 
exemption for a renewable two-year period. Each individual is 
identified according to the renewal date.
    The exemptions are renewed subject to the following conditions: (1) 
That each individual submit a quarterly monitoring checklist completed 
by the treating endocrinologist as well as an annual checklist with a 
comprehensive medical evaluation; (2) that each individual reports 
within 2 business days of occurrence, all episodes of severe 
hypoglycemia, significant complications, or inability to manage 
diabetes; also, any involvement in an accident or any other adverse 
event in a CMV or personal vehicle, whether or not it is related to an 
episode of hypoglycemia; (3) that each individual submit an annual 
ophthalmologist's or optometrist's report; and (4) that each individual 
provide a copy of the annual medical certification to the employer for 
retention in the driver's qualification file, or keep a copy in his/her 
driver's qualification file if he/she is self-employed. The driver must 
also have a copy of the certification when driving, for presentation to 
a duly authorized 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 March and are 
discussed below.
    As of March 12, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 16 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (73 FR 6248; 73 FR 
13274):

Richard L. Burwell (OH)
David Clemente, Sr. (NJ)
Timothy M. Collier (NY)
William M. Dement (MO)
James O. Hamilton (OH)
William B. Jenks, Jr. (UT)
Timothy L. Johnson (IA)
Douglas O. Krosch (MN)
Robert E. Martin (MO)
Garrett A. Phillips (NY)
Randy L. Quattlebaum (TX)
Mark C. Smith (NE)
Billy J. Stamper (OK)
Robert E. Tauriainen (OR)
David B. Tomlin (AL)
Brian T. Tow (WA)

    The drivers were included in Docket No. FMCSA-2007-0070. Their 
exemptions are effective as of March 12, 2017, and will expire on March 
12, 2019.
    As of March 24, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 55 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (80 FR 8929; 80 FR 
24313):

Timothy E. Adkins (KY)
Daniel S. Arke (HI)
Raul Arlequin Jr. (FL)
Chad W. Beeman (NY)
Jeffrey S. Bohle (IA)
Bradley T. Boyd (IA)
Bradley M. Brauer (NE)
Gary W. Brendel (NY)
Thomas Browning (PA)
Kell D. Busby, Jr. (MI)
Rafael B. Castillo (NJ)
Zachary D. Craig (ND)
Terry R. Darnall (IL)
Raymond W. Dropps (MN)
Curtis W. Fox (IN)
William H. Geiselhart, Jr. (PA)
Darrel G. Goetz (MO)
Chris S. Hammack (CO)
James P. Hancock, Jr. (PA)
Donald S. Hanson (MN)
Michael Hasley (AR)
Gene A. Heibult (SD)
Ronald R. Herrington (WV)
Jay H. Hess (PA)
Kevin L. Holmes (IL)
Claude E. Hoskins (WA)
Ulysses Jones (IN)
Sean M. Jordan (PA)
Steven N. Kemp (TX)
Tracy A. Knake (IA)
Robert E. Lane (IN)
Jason C. Lewis (MD)
Corey A. Maas (KS)
James P. MacDonald (MA)
Timothy D. Maxson (NY)
Guy D. McGuire (MD)
Roy A. Montalvan (PA)
Justin M. Powell (NC)
Jackie Riley (NC)
Rudy A. Rodriguez (OR)
Philip M. Schopp (MO)
Andrew T. Segetti (CT)
Roger L. Shones (MN)
William L. Sirabella (RI)
Ronald D. Strobo (FL)

[[Page 13182]]

Rodney H. Swartz (NY)
David A. Tipps (IL)
Keith J. Tschetter (ND)
Sean E. Twohig (NY)
Jimmie W. Ward (NC)
Michael R. Waskow (WI)
James B. Westphal (WI)
John A. Winquist (SD)
Robert J. Wyand (NY)
Michael E. Zincone (RI)

    The drivers were included in Docket No. FMCSA-2014-0313. Their 
exemptions are effective as of March 24, 2017, and will expire on March 
24, 2019.
    Each of the 71 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 
71 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-2007-0070; FMCSA-2014-0313.

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 10, 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 71 individuals from rule 
prohibiting persons with ITDM from operating CMVs in interstate 
commerce in 49 CFR 391.41(b)(3). The final decision to grant an 
exemption to each of these individuals was made on the merits of each 
case and made only after careful consideration of the comments received 
to its notices of applications. The notices of applications stated in 
detail the medical condition of each applicant for an exemption from 
rule prohibiting persons with ITDM from operating CMVs in interstate 
commerce. That information is available by consulting the above cited 
Federal Register publications.
    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315, FMCSA will take immediate steps to revoke the 
exemption of a driver.

V. Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket numbers FMCSA-2007-0070; FMCSA-
2014-0313 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-2007-0070; FMCSA-2014-0313 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. 2017-04693 Filed 3-8-17; 8:45 am]
 BILLING CODE 4910-EX-P

13180 Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices

drivers have ‘‘no established medical these applicants and determined that DEPARTMENT OF TRANSPORTATION
history or clinical diagnosis of epilepsy renewing these exemptions would
or any other condition which is likely achieve a level of safety equivalent to or Federal Motor Carrier Safety
to cause loss of consciousness or any greater than the level that would be Administration
loss of ability to control a CMV.’’ The achieved by complying with the current
exemptions enable these individuals [Docket No. FMCSA–2007–0070; FMCSA–
regulation 49 CFR 391.41(b)(8). 2014–0313]
who have had one or more seizures and
are taking anti-seizure medication to The physical qualification standard
for drivers regarding epilepsy found in Qualification of Drivers; Exemption
continue to operate CMVs in interstate Applications; Diabetes
commerce. 49 CFR 391.41(b)(8) states that a person
DATES: The exemptions were effective
is physically qualified to drive a CMV AGENCY: Federal Motor Carrier Safety
on August 28, 2016. The exemptions if that person: Administration (FMCSA), DOT.
expire on August 28, 2018. Has no established medical history or ACTION: Notice of renewal of
FOR FURTHER INFORMATION CONTACT: Ms. clinical diagnosis of epilepsy or any other exemptions; request for comments.
Christine A. Hydock, Chief, Medical condition which is likely to cause the loss of
Programs Division, (202) 366–4001, consciousness or any loss of ability to control SUMMARY: FMCSA announces its
fmcsamedical@dot.gov, FMCSA, a CMV. decision to renew the exemptions of 71
Department of Transportation, 1200 individuals from its rule prohibiting
New Jersey Avenue SE., Room W64– In addition to the regulations, FMCSA persons with insulin-treated diabetes
224, Washington, DC 20590–0001. has published advisory criteria to assist mellitus (ITDM) from operating
Office hours are from 8:30 a.m. to 5 Medical Examiners in determining commercial motor vehicles (CMVs) in
p.m., e.t., Monday through Friday, whether drivers with certain medical interstate commerce. FMCSA has
except Federal holidays. If you have conditions are qualified to operate a statutory authority to exempt
questions regarding viewing or CMV in interstate commerce. [49 CFR individuals from this rule if the
submitting material to the docket, part 391, APPENDIX A TO PART 391— exemptions granted will not
contact Docket Services, telephone (202) MEDICAL ADVISORY CRITERIA, compromise safety. The Agency has
366–9826. section H. Epilepsy: § 391.41(b)(8), concluded that granting these
SUPPLEMENTARY INFORMATION: paragraphs 3, 4, and 5.] exemption renewals will provide a level
of safety that is equivalent to or greater
I. Electronic Access III. Discussion of Comments than the level of safety maintained
You may see all the comments online without the exemptions for these CMV
FMCSA received no comments in this drivers.
through the Federal Document
preceding.
Management System (FDMS) at: http:// DATES: Each group of renewed
www.regulations.gov. IV. Conclusion exemptions are effective from the dates
Docket: For access to the docket to stated in the discussions below.
read background documents or Based upon its evaluation of the three Comments must be received on or
comments, go to http:// renewal exemption applications and no before April 10, 2017.
www.regulations.gov and/or Room comments received, FMCSA confirms ADDRESSES: You may submit comments
W12–140 on the ground level of the its decision to exempt the following bearing the Federal Docket Management
West Building, 1200 New Jersey Avenue drivers from the Epilepsy and Seizure System (FDMS) numbers: Docket No.
SE., Washington, DC, between 9 a.m. Disorders requirement in 49 CFR 391.41 FMCSA–2007–0070; FMCSA–2014–
and 5 p.m., e.t., Monday through Friday, (b)(8), subject to the requirements cited 0313 using any of the following
except Federal holidays. above: Peter Bender (MN); Terry Hamby methods:
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
(NC); and Louis Lerch (IA). • Federal eRulemaking Portal: Go to
from the public to better inform its In accordance with 49 U.S.C. 31315, http://www.regulations.gov. Follow the
rulemaking process. DOT posts these each exemption will be valid for two on-line instructions for submitting
comments, without edit, including any years from the effective date unless comments.
personal information the commenter revoked earlier by FMCSA. The • Mail: Docket Management Facility;
provides, to http://www.regulations.gov, exemption will be revoked if the U.S. Department of Transportation, 1200
as described in the system of records following occurs: (1) The person fails to New Jersey Avenue SE., West Building
notice (DOT/ALL–14 FDMS), which can comply with the terms and conditions Ground Floor, Room W12–140,
be reviewed at http://www.dot.gov/ of the exemption; (2) the exemption has Washington, DC 20590–0001.
privacy. • Hand Delivery or Courier: West
resulted in a lower level of safety than
Building Ground Floor, Room W12–140,
II. Background was maintained prior to being granted;
1200 New Jersey Avenue SE.,
or (3) continuation of the exemption Washington, DC, between 9 a.m. and 5
On October 17, 2016, FMCSA would not be consistent with the goals
published a notice announcing its p.m., e.t., Monday through Friday,
and objectives of 49 U.S.C. 31136 and except Federal Holidays.
decision to renew exemptions for three
individuals from the Epilepsy and 31315. • Fax: 1–202–493–2251.
Instructions: Each submission must
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Seizure Disorders prohibition in 49 CFR Issued on: February 27, 2017.
391.41(b)(8) to operate a CMV in Larry W. Minor, include the Agency name and the
interstate commerce and requested Associate Administrator for Policy.
docket number for this notice. Note that
comments from the public (81 FR DOT posts all comments received
[FR Doc. 2017–04677 Filed 3–8–17; 8:45 am]
71564). The public comment period without change to http://
BILLING CODE 4910–EX–P
ended on November 16, 2016, and no www.regulations.gov, including any
comments were received. personal information included in a
As stated in the previous notice, comment. Please see the Privacy Act
FMCSA has evaluated the eligibility of heading below.

VerDate Sep<11>2014 17:43 Mar 08, 2017 Jkt 241001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.SGM 09MRN1

Document Created: 2017-03-09 04:58:26
Document Modified: 2017-03-09 04:58:26

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 renewal of exemptions; request for comments.
Dates		Each group of renewed exemptions are effective from the dates stated in the discussions below. Comments must be received on or before April 10, 2017.
Contact		Ms. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m., e.t., Monday through Friday, except Federal holidays.
FR Citation		82 FR 13180

82 FR 13180 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 45 (March 9, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration