82_FR_13588 82 FR 13541 - Qualification of Drivers; Exemption Applications; Diabetes

82 FR 13541 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 47 (March 13, 2017)

Page Range13541-13543
FR Document2017-04863

FMCSA announces its decision to renew the exemptions of 130 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 47 (Monday, March 13, 2017)
[Federal Register Volume 82, Number 47 (Monday, March 13, 2017)]
[Notices]
[Pages 13541-13543]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04863]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0355; FMCSA-2010-0386; FMCSA-2012-0347; FMCSA-
2012-0348; FMCSA-2014-0310; FMCSA-2014-0311]


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 130 
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 12, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. FMCSA-2010-0355; FMCSA-
2010-0386; FMCSA-2012-0347; FMCSA-2012-0348; FMCSA-2014-0310; FMCSA-
2014-0311 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number for this notice. Note that DOT posts all comments 
received without change to http://www.regulations.gov, including any 
personal information included in a comment. Please see the Privacy Act 
heading below.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays. The Federal 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: 

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 130 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.

Exemption Decision

    This notice addresses 130 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. These 130 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

[[Page 13542]]

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.

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 January and are 
discussed below.
    As of January 9, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 7 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (77 FR 65931; 78 FR 
1926):

Thomas L. Graber (PA)
Jeremiah S. Johnson (ND)
Henry P. Musgrove, Jr. (WA)
Henry W. Rutschow (OH)
Michael L. Sabin (IL)
Patrick E. Snyder (NY)
Odell Williams (NC)

    The drivers were included in Docket No. FMCSA-2012-0347. Their 
exemptions are effective as of January 9, 2017 and will expire on 
January 9, 2019.
    As of January 10, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 9 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 69734; 76 FR 
1495):

Jerry A. Barber (NY)
Julie A. Brandvold (ND)
Terry D. Cunningham (OH)
Dean A. Dalessandro (MA)
Albert H. Feldt (MO)
Christopher J. Grause (SD)
Shannon A. Griffin (MO)
Mathew M. Rollins (SC)
James H. Smith (DC)

    The drivers were included in Docket No. FMCSA-2010-0355. Their 
exemptions are effective as of January 10, 2017 and will expire on 
January 10, 2019.
    As of January 15, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 40 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 74159; 80 FR 
8926):

Eric D. Ambler (WI)
Clay B. Anderson (IL)
Gregory C. Bartley (PA)
Aaron M. Batts (NC)
Nathan R. Batzel (MN)
Michael R. Bell (MD)
Jerry A. Cox, Sr. (LA)
Lloyd F. Cuckow (CO)
Kenneth B. Dennard (GA)
Eric Q. Dickerson (IN)
James P. Dreifuerst (WI)
Domenic R. Folino (PA)
Howard M. Hammel (NJ)
Derrick D. Harris (IL)
Kevin R. Johnson (MI)
David J. Long (PA)
David P. Magee (MO)
Gary F. Marson (WI)
James A. Meridith (MI)
Richard A. Moore (PA)
Keith B. Muehler (ND)
John K. Murray (NY)
John D. Pede, Jr. (PA)
John F. Prophet (FL)
Dominic F. Quartullo (WI)
Michael E. Reed (IA)
Carlos B. Rodriguez (NY)
David J. Sierra (NJ)
Roger E. Smith (IA)
Terrell W. Smith (PA)
Anthony L. Spratto (WI)
Timothy R. Stephens (KS)
Howard C. Stines (TN)
Christopher E. Swanson (CA)
Diana C. Tabala (NY)
Brewster E. Thurston (VT)
Phillip J. Ulmer (LA)
Charles A. Walker (IL)
John D. Weaver (WY)
Leroy D. Yost (IA)

    The drivers were included in Docket No. FMCSA-2014-0310. Their 
exemptions are effective as of January 15, 2017 and will expire on 
January 15, 2019.
    As of January 25, 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 (77 FR 70530; 78 FR 
5559):

Randle A. Badertscher (WY)
Jerol G. Fox (DE)
Michael S. Freeman (OR)
Harold D. Grimes (MI)
Douglas W. Hunderman (MI)
Robert L. Johnson, Jr. (VA)
George R. Miller III (PA)
Ronald G. Monroe (IN)
Israel Ramos (NY)
Jed Ramsey (ID)
Raymond E. Richardson (MD)
Craig W. Schafer (DE)
Stephen L. Schug (FL)
Shawn M. Seeley (CT)
Mark S. Shepherd (MA)
L. Everett Stamper (IN)

    The drivers were included in Docket No. FMCSA-2012-0348. Their 
exemptions are effective as of January 25, 2017 and will expire on 
January 25, 2019.
    As of January 28, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 9 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 77947; 76 FR 
5243):

James T. Bezold (KY)
Allen C. Cornelius, Jr. (DE)
Eugene M. Johnson (NY)
Michael A. McHenry (IN)
Gregory S. Myers (PA)
Richard D. Peterson, Jr. (MN)
Rudolph Q. Redd (IL)
Chad A. Sanders (IN)
Mark A. Sawyer (IN)

    The drivers were included in Docket No. FMCSA-2012-0386. Their 
exemptions are effective as of January 28, 2017 and will expire on 
January 28, 2019.
    As of January 31, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 49 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 78938; 80 FR 
12545):

Joseph L. Allen (TX)
Wayne A. Aukes (MN)
Freddie W. Bermudez, Jr. (IL)
Darrell K. Blanton (NC)
Richard A. Boor (VA)
Stephen R. Brown (NH)
Kenneth E. Chastain (TN)
Jeffery C. Colbert (AR)
Kenny L. Dickerson (GA)
James M. DiClaudio (NJ)
Steven A. Dion (NY)
Dean R. Duquette (ME)
Joseph J. Eckstrom (NY)
Morgan D. Hale, Jr. (KY)
James J. Hartman (SD)
Dale H. Hintz (WI)
Benjamin D. Horton (VA)
Danny R. Jackson, Jr. (OR)
Brian C. Jagdman (MD)
Terry J. Johnson (MD)
Robert L. Johnson, Jr. (OK)
Michael W. Jones (NJ)

[[Page 13543]]

Carl J. Kern, Jr. (PA)
Monte J. Lakosky (MI)
Aaron J. Larson (WI)
Jeffrey G. Lawrence (AR)
Leo D. Maggioli (MA)
Ryan M. McClatchey (TN)
Carl A. Mears, Jr. (VT)
Robert P. Miller (WI)
Nicholas M. Palocy (VT)
John D. Patterson (OH)
Michael W. Perez (OH)
Jerry Platero (NM)
Darrell K. Rau (IA)
Andrew B. Renninger (PA)
Ryan T. Rock (ID)
Wilfredo Rodriguez (NY)
Mark A. Santana (PA)
Donald E. Scovil (NH)
David E. Shinen (CA)
Patrick A. Shryock (AR)
Joshua C. Thompson (AZ)
Jeffrey D. Thomson (WI)
Marshall L. Wainwright (IL)
Glenn P. Whitehouse (PA)
Jennifer R. Williams (PA)
John E. Yates (IN)
Jeffrey S. Zimmer (NH)

    The drivers were included in Docket No. FMCSA-2014-0311. Their 
exemptions are effective as of January 31, 2017 and will expire on 
January 31, 2019.
    Each of the 130 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 
130 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-2010-0355; FMCSA-2010-0386; FMCSA-
2012-0347; FMCSA-2012-0348; FMCSA-2014-0310; FMCSA-2014-0311.

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 12, 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 130 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.

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-2010-0355; FMCSA-
2010-0386; FMCSA-2012-0347; FMCSA-2012-0348; FMCSA-2014-0310; FMCSA-
2014-0311 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.

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-2010-0355; FMCSA-2010-0386; FMCSA-2012-0347; 
FMCSA-2012-0348; FMCSA-2014-0310; FMCSA-2014-0311 and click ``Search.'' 
Next, click ``Open Docket Folder'' and you will find all documents and 
comments related to this notice.

    Issued on: March 3, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-04863 Filed 3-10-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                                Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Notices                                             13541

                                                  determine that the objects to be                        concluded that granting these                         association, business, labor union, etc.).
                                                  included in the exhibition ‘‘Terracotta                 exemption renewals will provide a level               You may review DOT’s Privacy Act
                                                  Warriors of the First Emperor,’’                        of safety that is equivalent to or greater            Statement for the Federal Docket
                                                  imported from abroad for temporary                      than the level of safety maintained                   Management System (FDMS) published
                                                  exhibition within the United States, are                without the exemptions for these CMV                  in the Federal Register on January 17,
                                                  of cultural significance. The objects are               drivers.                                              2008 (73 FR 3316).
                                                  imported pursuant to a loan agreement                   DATES: Each group of renewed                          FOR FURTHER INFORMATION CONTACT: Ms.
                                                  with the foreign owner or custodians. I                 exemptions are effective from the dates               Christine A. Hydock, Chief, Medical
                                                  also determine that the exhibition or                   stated in the discussions below.                      Programs Division, 202–366–4001,
                                                  display of the exhibit objects at the                   Comments must be received on or                       fmcsamedical@dot.gov, FMCSA,
                                                  Pacific Science Center, Seattle,                        before April 12, 2017.                                Department of Transportation, 1200
                                                  Washington, from on or about April 8,                   ADDRESSES: You may submit comments                    New Jersey Avenue SE., Room W64–
                                                  2017, until on or about September 4,                    bearing the Federal Docket Management                 113, Washington, DC 20590–0001.
                                                  2017, at The Franklin Institute,                        System (FDMS) numbers: Docket No.                     Office hours are from 8 a.m. to 5:30 p.m.
                                                  Philadelphia, Pennsylvania, from on or                  FMCSA–2010–0355; FMCSA–2010–                          e.t., Monday through Friday, except
                                                  about September 30, 2017, until on or                   0386; FMCSA–2012–0347; FMCSA–                         Federal holidays.
                                                  about March 4, 2018, and at possible                    2012–0348; FMCSA–2014–0310;                           SUPPLEMENTARY INFORMATION:
                                                  additional exhibitions or venues yet to                 FMCSA–2014–0311 using any of the
                                                  be determined, is in the national                       following methods:                                    Background
                                                  interest. I have ordered that Public                      • Federal eRulemaking Portal: Go to                    Under 49 U.S.C. 31136(e) and 31315,
                                                  Notice of these Determinations be                       http://www.regulations.gov. Follow the                FMCSA may renew an exemption from
                                                  published in the Federal Register.                      on-line instructions for submitting                   the Federal Motor Carrier Safety
                                                  FOR FURTHER INFORMATION CONTACT: For                    comments.                                             Regulations 2-year period if it finds
                                                  further information, including a list of                  • Mail: Docket Management Facility;                 ‘‘such exemption would likely achieve a
                                                  the imported objects, contact the Office                U.S. Department of Transportation, 1200               level of safety that is equivalent to or
                                                  of Public Diplomacy and Public Affairs                  New Jersey Avenue SE., West Building                  greater than the level that would be
                                                  in the Office of the Legal Adviser, U.S.                Ground Floor, Room W12–140,                           achieved absent such exemption.’’ The
                                                  Department of State (telephone: 202–                    Washington, DC 20590–0001.                            statute also allows the Agency to renew
                                                  632–6471; email: section2459@                             • Hand Delivery or Courier: West                    exemptions at the end of the 2-year
                                                  state.gov). The mailing address is U.S.                 Building Ground Floor, Room W12–140,                  period. The 130 individuals listed in
                                                  Department of State, L/PD, SA–5, Suite                  1200 New Jersey Avenue SE.,                           this notice have recently become
                                                  5H03, Washington, DC 20522–0505.                        Washington, DC, between 9 a.m. and 5                  eligible for a renewed exemption from
                                                  Alyson Grunder,
                                                                                                          p.m., e.t., Monday through Friday,                    the diabetes prohibition in 49 CFR
                                                                                                          except Federal Holidays.                              391.41(b)(3), which applies to drivers of
                                                  Deputy Assistant Secretary for Policy, Bureau
                                                  of Educational and Cultural Affairs,
                                                                                                            • Fax: 1–202–493–2251.                              CMVs in interstate commerce. The
                                                  Department of State.                                      Instructions: Each submission must                  drivers remain in good standing with
                                                                                                          include the Agency name and the                       the Agency, have maintained their
                                                  [FR Doc. 2017–04901 Filed 3–10–17; 8:45 am]
                                                                                                          docket number for this notice. Note that              required medical monitoring and have
                                                  BILLING CODE 4710–05–P
                                                                                                          DOT posts all comments received                       not exhibited any medical issues that
                                                                                                          without change to http://                             would compromise their ability to safely
                                                                                                          www.regulations.gov, including any                    operate a CMV during the previous 2-
                                                  DEPARTMENT OF TRANSPORTATION                            personal information included in a                    year exemption period.
                                                                                                          comment. Please see the Privacy Act
                                                  Federal Motor Carrier Safety                                                                                  Exemption Decision
                                                                                                          heading below.
                                                  Administration
                                                                                                            Docket: For access to the docket to                    This notice addresses 130 individuals
                                                  [Docket No. FMCSA–2010–0355; FMCSA–                     read background documents or                          who have requested renewal of their
                                                  2010–0386; FMCSA–2012–0347; FMCSA–                      comments, go to http://                               exemptions in accordance with FMCSA
                                                  2012–0348; FMCSA–2014–0310; FMCSA–                      www.regulations.gov at any time or                    procedures. These 130 drivers remain in
                                                  2014–0311]                                              Room W12–140 on the ground level of                   good standing with the Agency, have
                                                                                                          the West Building, 1200 New Jersey                    maintained their required medical
                                                  Qualification of Drivers; Exemption
                                                                                                          Avenue SE., Washington, DC, between 9                 monitoring and have not exhibited any
                                                  Applications; Diabetes
                                                                                                          a.m. and 5 p.m., e.t., Monday through                 medical issues that would compromise
                                                  AGENCY: Federal Motor Carrier Safety                    Friday, except Federal holidays. The                  their ability to safely operate a CMV
                                                  Administration (FMCSA), DOT.                            Federal Docket Management System                      during the previous 2-year exemption
                                                  ACTION: Notice of renewal of                            (FDMS) is available 24 hours each day,                period. Therefore, FMCSA has decided
                                                  exemptions; request for comments.                       365 days each year. If you want                       to extend each exemption for a
                                                                                                          acknowledgment that we received your                  renewable two-year period. Each
                                                  SUMMARY:   FMCSA announces its                          comments, please include a self-                      individual is identified according to the
                                                  decision to renew the exemptions of 130                 addressed, stamped envelope or                        renewal date.
                                                  individuals from its rule prohibiting                   postcard or print the acknowledgement                    The exemptions are renewed subject
                                                  persons with insulin-treated diabetes                   page that appears after submitting                    to the following conditions: (1) That
mstockstill on DSK3G9T082PROD with NOTICES




                                                  mellitus (ITDM) from operating                          comments on-line.                                     each individual submit a quarterly
                                                  commercial motor vehicles (CMVs) in                       Privacy Act: Anyone may search the                  monitoring checklist completed by the
                                                  interstate commerce. FMCSA has                          electronic form of all comments                       treating endocrinologist as well as an
                                                  statutory authority to exempt                           received into any of our dockets by the               annual checklist with a comprehensive
                                                  individuals from this rule if the                       name of the individual submitting the                 medical evaluation; (2) that each
                                                  exemptions granted will not                             comment (or of the person signing the                 individual reports within 2 business
                                                  compromise safety. The Agency has                       comment, if submitted on behalf of an                 days of occurrence, all episodes of


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                                                  13542                         Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Notices

                                                  severe hypoglycemia, significant                        10, 2017 and will expire on January 10,               Robert L. Johnson, Jr. (VA)
                                                  complications, or inability to manage                   2019.                                                 George R. Miller III (PA)
                                                  diabetes; also, any involvement in an                     As of January 15, 2017, and in                      Ronald G. Monroe (IN)
                                                  accident or any other adverse event in                  accordance with 49 U.S.C. 31136(e) and                Israel Ramos (NY)
                                                  a CMV or personal vehicle, whether or                   31315, the following 40 individuals                   Jed Ramsey (ID)
                                                  not it is related to an episode of                      have satisfied the renewal conditions for             Raymond E. Richardson (MD)
                                                  hypoglycemia; (3) that each individual                  obtaining an exemption from the rule                  Craig W. Schafer (DE)
                                                  submit an annual ophthalmologist’s or                   prohibiting drivers with ITDM from                    Stephen L. Schug (FL)
                                                  optometrist’s report; and (4) that each                 driving CMVs in interstate commerce                   Shawn M. Seeley (CT)
                                                  individual provide a copy of the annual                 (79 FR 74159; 80 FR 8926):                            Mark S. Shepherd (MA)
                                                  medical certification to the employer for               Eric D. Ambler (WI)                                   L. Everett Stamper (IN)
                                                  retention in the driver’s qualification                 Clay B. Anderson (IL)                                    The drivers were included in Docket
                                                  file, or keep a copy in his/her driver’s                Gregory C. Bartley (PA)                               No. FMCSA–2012–0348. Their
                                                  qualification file if he/she is self-                   Aaron M. Batts (NC)                                   exemptions are effective as of January
                                                  employed. The driver must also have a                   Nathan R. Batzel (MN)                                 25, 2017 and will expire on January 25,
                                                  copy of the certification when driving,                 Michael R. Bell (MD)                                  2019.
                                                  for presentation to a duly authorized                   Jerry A. Cox, Sr. (LA)                                   As of January 28, 2017, and in
                                                  Federal, State, or local enforcement                    Lloyd F. Cuckow (CO)                                  accordance with 49 U.S.C. 31136(e) and
                                                  official.                                               Kenneth B. Dennard (GA)                               31315, the following 9 individuals have
                                                                                                          Eric Q. Dickerson (IN)                                satisfied the renewal conditions for
                                                  Basis for Renewing Exemptions
                                                                                                          James P. Dreifuerst (WI)                              obtaining an exemption from the rule
                                                    Under 49 U.S.C. 31315(b)(1), an                       Domenic R. Folino (PA)                                prohibiting drivers with ITDM from
                                                  exemption may be granted for no longer                  Howard M. Hammel (NJ)                                 driving CMVs in interstate commerce
                                                  than two years from its approval date                   Derrick D. Harris (IL)                                (75 FR 77947; 76 FR 5243):
                                                  and may be renewed upon application                     Kevin R. Johnson (MI)                                 James T. Bezold (KY)
                                                  for additional two year periods. The                    David J. Long (PA)                                    Allen C. Cornelius, Jr. (DE)
                                                  following groups of drivers received                    David P. Magee (MO)                                   Eugene M. Johnson (NY)
                                                  renewed exemptions in the month of                      Gary F. Marson (WI)                                   Michael A. McHenry (IN)
                                                  January and are discussed below.                        James A. Meridith (MI)                                Gregory S. Myers (PA)
                                                    As of January 9, 2017, and in                         Richard A. Moore (PA)                                 Richard D. Peterson, Jr. (MN)
                                                  accordance with 49 U.S.C. 31136(e) and                  Keith B. Muehler (ND)                                 Rudolph Q. Redd (IL)
                                                  31315, the following 7 individuals have                 John K. Murray (NY)                                   Chad A. Sanders (IN)
                                                  satisfied the renewal conditions for                    John D. Pede, Jr. (PA)                                Mark A. Sawyer (IN)
                                                  obtaining an exemption from the rule                    John F. Prophet (FL)                                     The drivers were included in Docket
                                                  prohibiting drivers with ITDM from                      Dominic F. Quartullo (WI)                             No. FMCSA–2012–0386. Their
                                                  driving CMVs in interstate commerce                     Michael E. Reed (IA)                                  exemptions are effective as of January
                                                  (77 FR 65931; 78 FR 1926):                              Carlos B. Rodriguez (NY)                              28, 2017 and will expire on January 28,
                                                  Thomas L. Graber (PA)                                   David J. Sierra (NJ)                                  2019.
                                                  Jeremiah S. Johnson (ND)                                Roger E. Smith (IA)                                      As of January 31, 2017, and in
                                                  Henry P. Musgrove, Jr. (WA)                             Terrell W. Smith (PA)                                 accordance with 49 U.S.C. 31136(e) and
                                                  Henry W. Rutschow (OH)                                  Anthony L. Spratto (WI)                               31315, the following 49 individuals
                                                  Michael L. Sabin (IL)                                   Timothy R. Stephens (KS)                              have satisfied the renewal conditions for
                                                  Patrick E. Snyder (NY)                                  Howard C. Stines (TN)                                 obtaining an exemption from the rule
                                                  Odell Williams (NC)                                     Christopher E. Swanson (CA)                           prohibiting drivers with ITDM from
                                                    The drivers were included in Docket                   Diana C. Tabala (NY)                                  driving CMVs in interstate commerce
                                                  No. FMCSA–2012–0347. Their                              Brewster E. Thurston (VT)                             (79 FR 78938; 80 FR 12545):
                                                  exemptions are effective as of January 9,               Phillip J. Ulmer (LA)
                                                                                                          Charles A. Walker (IL)                                Joseph L. Allen (TX)
                                                  2017 and will expire on January 9, 2019.                                                                      Wayne A. Aukes (MN)
                                                    As of January 10, 2017, and in                        John D. Weaver (WY)
                                                                                                          Leroy D. Yost (IA)                                    Freddie W. Bermudez, Jr. (IL)
                                                  accordance with 49 U.S.C. 31136(e) and                                                                        Darrell K. Blanton (NC)
                                                  31315, the following 9 individuals have                   The drivers were included in Docket                 Richard A. Boor (VA)
                                                  satisfied the renewal conditions for                    No. FMCSA–2014–0310. Their                            Stephen R. Brown (NH)
                                                  obtaining an exemption from the rule                    exemptions are effective as of January                Kenneth E. Chastain (TN)
                                                  prohibiting drivers with ITDM from                      15, 2017 and will expire on January 15,               Jeffery C. Colbert (AR)
                                                  driving CMVs in interstate commerce                     2019.                                                 Kenny L. Dickerson (GA)
                                                  (75 FR 69734; 76 FR 1495):                                As of January 25, 2017, and in                      James M. DiClaudio (NJ)
                                                  Jerry A. Barber (NY)                                    accordance with 49 U.S.C. 31136(e) and                Steven A. Dion (NY)
                                                  Julie A. Brandvold (ND)                                 31315, the following 16 individuals                   Dean R. Duquette (ME)
                                                  Terry D. Cunningham (OH)                                have satisfied the renewal conditions for             Joseph J. Eckstrom (NY)
                                                  Dean A. Dalessandro (MA)                                obtaining an exemption from the rule                  Morgan D. Hale, Jr. (KY)
                                                  Albert H. Feldt (MO)                                    prohibiting drivers with ITDM from                    James J. Hartman (SD)
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                                                  Christopher J. Grause (SD)                              driving CMVs in interstate commerce                   Dale H. Hintz (WI)
                                                  Shannon A. Griffin (MO)                                 (77 FR 70530; 78 FR 5559):                            Benjamin D. Horton (VA)
                                                  Mathew M. Rollins (SC)                                  Randle A. Badertscher (WY)                            Danny R. Jackson, Jr. (OR)
                                                  James H. Smith (DC)                                     Jerol G. Fox (DE)                                     Brian C. Jagdman (MD)
                                                    The drivers were included in Docket                   Michael S. Freeman (OR)                               Terry J. Johnson (MD)
                                                  No. FMCSA–2010–0355. Their                              Harold D. Grimes (MI)                                 Robert L. Johnson, Jr. (OK)
                                                  exemptions are effective as of January                  Douglas W. Hunderman (MI)                             Michael W. Jones (NJ)


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                                                                                Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Notices                                                   13543

                                                  Carl J. Kern, Jr. (PA)                                  exemption under 49 U.S.C. 31136(e) and                submit them in an unbound format, no
                                                  Monte J. Lakosky (MI)                                   31315 can be satisfied by initially                   larger than 81⁄2 by 11 inches, suitable for
                                                  Aaron J. Larson (WI)                                    granting the renewal and then                         copying and electronic filing. If you
                                                  Jeffrey G. Lawrence (AR)                                requesting and evaluating, if needed,                 submit comments by mail and would
                                                  Leo D. Maggioli (MA)                                    subsequent comments submitted by                      like to know that they reached the
                                                  Ryan M. McClatchey (TN)                                 interested parties. As indicated above,               facility, please enclose a stamped, self-
                                                  Carl A. Mears, Jr. (VT)                                 the Agency previously published                       addressed postcard or envelope.
                                                  Robert P. Miller (WI)                                   notices of final disposition announcing                  We will consider all comments and
                                                  Nicholas M. Palocy (VT)                                 its decision to exempt these 130
                                                  John D. Patterson (OH)                                                                                        material received during the comment
                                                                                                          individuals from rule prohibiting                     period. FMCSA may issue a final
                                                  Michael W. Perez (OH)
                                                  Jerry Platero (NM)                                      persons with ITDM from operating                      determination at any time after the close
                                                  Darrell K. Rau (IA)                                     CMVs in interstate commerce in 49 CFR                 of the comment period.
                                                  Andrew B. Renninger (PA)                                391.41(b)(3). The final decision to grant
                                                                                                          an exemption to each of these                         Viewing Comments and Documents
                                                  Ryan T. Rock (ID)
                                                  Wilfredo Rodriguez (NY)                                 individuals was made on the merits of                   To view comments, as well as any
                                                  Mark A. Santana (PA)                                    each case and made only after careful                 documents mentioned in this preamble,
                                                  Donald E. Scovil (NH)                                   consideration of the comments received                go to http://www.regulations.gov and in
                                                  David E. Shinen (CA)                                    to its notices of applications. The                   the search box insert the docket number
                                                  Patrick A. Shryock (AR)                                 notices of applications stated in detail              FMCSA–2010–0355; FMCSA–2010–
                                                  Joshua C. Thompson (AZ)                                 the medical condition of each applicant               0386; FMCSA–2012–0347; FMCSA–
                                                  Jeffrey D. Thomson (WI)                                 for an exemption from rule prohibiting                2012–0348; FMCSA–2014–0310;
                                                  Marshall L. Wainwright (IL)                             persons with ITDM from operating                      FMCSA–2014–0311 and click ‘‘Search.’’
                                                  Glenn P. Whitehouse (PA)                                CMVs in interstate commerce. That                     Next, click ‘‘Open Docket Folder’’ and
                                                  Jennifer R. Williams (PA)                               information is available by consulting                you will find all documents and
                                                  John E. Yates (IN)                                      the above cited Federal Register                      comments related to this notice.
                                                  Jeffrey S. Zimmer (NH)                                  publications.
                                                     The drivers were included in Docket                                                                          Issued on: March 3, 2017.
                                                                                                             Interested parties or organizations
                                                  No. FMCSA–2014–0311. Their                              possessing information that would                     Larry W. Minor,
                                                  exemptions are effective as of January                  otherwise show that any, or all, of these             Associate Administrator for Policy.
                                                  31, 2017 and will expire on January 31,                 drivers are not currently achieving the               [FR Doc. 2017–04863 Filed 3–10–17; 8:45 am]
                                                  2019.                                                   statutory level of safety should                      BILLING CODE 4910–EX–P
                                                     Each of the 130 drivers in the                       immediately notify FMCSA. The
                                                  aforementioned groups qualifies for a                   Agency will evaluate any adverse
                                                  renewal of the exemption. They have                     evidence submitted and, if safety is                  DEPARTMENT OF THE TREASURY
                                                  maintained their required medical                       being compromised or if continuation of
                                                  monitoring and have not exhibited any                   the exemption would not be consistent                 Information Collections for Claims
                                                  medical issues that would compromise                    with the goals and objectives of 49                   Processing and Other Purposes Under
                                                  their ability to safely operate a CMV                   U.S.C. 31136(e) and 31315, FMCSA will                 the Terrorism Risk Insurance Program
                                                  during the previous 2-year exemption                    take immediate steps to revoke the
                                                  period.                                                                                                       AGENCY:  Departmental Offices,
                                                                                                          exemption of a driver.
                                                     These factors provide an adequate                                                                          Department of the Treasury.
                                                  basis for predicting each driver’s ability              Submitting Comments                                   ACTION: Request for comments.
                                                  to continue to drive safely in interstate                  You may submit your comments and
                                                  commerce. Therefore, FMCSA                              material online or by fax, mail, or hand              SUMMARY:    The Secretary of the Treasury
                                                  concludes that extending the exemption                  delivery, but please use only one of                  (Secretary) administers the Terrorism
                                                  for each of the 130 drivers for a period                these means. FMCSA recommends that                    Risk Insurance Program (TRIP or
                                                  of two years is likely to achieve a level               you include your name and a mailing                   Program), including the issuance of
                                                  of safety equal to that existing without                address, an email address, or a phone                 regulations and procedures regarding
                                                  the exemption. The drivers were                         number in the body of your document                   the Program. The Federal Insurance
                                                  included in docket numbers FMCSA–                       so that FMCSA can contact you if there                Office assists the Secretary in the
                                                  2010–0355; FMCSA–2010–0386;                             are questions regarding your                          administration of the Program. The
                                                  FMCSA–2012–0347; FMCSA–2012–                            submission.                                           Department of the Treasury (Treasury),
                                                  0348; FMCSA–2014–0310; FMCSA–                              To submit your comment online, go to               as part of its continuing effort to reduce
                                                  2014–0311.                                              http://www.regulations.gov and in the                 paperwork burdens, invites the general
                                                                                                          search box insert the docket numbers                  public and other Federal agencies to
                                                  Request for Comments                                    FMCSA–2010–0355; FMCSA–2010–                          comment on: Approved information
                                                    FMCSA will review comments                            0386; FMCSA–2012–0347; FMCSA–                         collections that are due for extension by
                                                  received at any time concerning a                       2012–0348; FMCSA–2014–0310;                           the Office of Management and Budget
                                                  particular driver’s safety record and                   FMCSA–2014–0311 and click the search                  (OMB) (under OMB 1505–0200); the
                                                  determine if the continuation of the                    button. When the new screen appears,                  extension of certain additional
                                                  exemption is consistent with the                        click on the blue ‘‘Comment Now!’’                    information collections previously
                                                  requirements at 49 U.S.C. 31136(e) and                  button on the right hand side of the                  approved by OMB that lapsed pending
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                                                  31315. However, FMCSA requests that                     page. On the new page, enter                          recent revisions to the Program Rules;
                                                  interested parties with specific data                   information required including the                    and the approval of three new
                                                  concerning the safety records of these                  specific section of this document to                  information collections that are
                                                  drivers submit comments by April 12,                    which each comment applies, and                       authorized under recent revisions to the
                                                  2017.                                                   provide a reason for each suggestion or               Program Rules.
                                                    FMCSA believes that the                               recommendation. If you submit your                    DATES: Written comments must be
                                                  requirements for a renewal of an                        comments by mail or hand delivery,                    received not later than May 12, 2017.


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Document Created: 2018-02-01 14:57:44
Document Modified: 2018-02-01 14:57:44
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 12, 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 13541 

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