82_FR_18278 82 FR 18206 - Qualification of Drivers; Exemption Applications; Diabetes

82 FR 18206 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 72 (April 17, 2017)

Page Range18206-18208
FR Document2017-07672

FMCSA announces its decision to renew the exemptions of 132 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 72 (Monday, April 17, 2017)
[Federal Register Volume 82, Number 72 (Monday, April 17, 2017)]
[Notices]
[Pages 18206-18208]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07672]



[[Page 18206]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-24016; FMCSA-2009-0067; FMCSA-2011-0040; FMCSA-
2011-0058; FMCSA-2013-0012; FMCSA-2013-0014; FMCSA-2014-0315; FMCSA-
2015-0057]


Qualification of Drivers; Exemption Applications; Diabetes

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

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

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

SUMMARY: FMCSA announces its decision to renew the exemptions of 132 
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 
May 17, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. FMCSA-2006-24016; FMCSA-
2009-0067; FMCSA-2011-0040; FMCSA-2011-0058; FMCSA-2013-0012; FMCSA-
2013-0014; FMCSA-2014-0315; FMCSA-2015-0057 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:

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 132 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 132 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. These 132 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 May and are 
discussed below.
    As of May 3, 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 (78 FR 16032; 78 FR 
26107):

Maryland A. Chandler (KY)
Ronald D. Clark (AR)
Larry L. Eberly (PA)

[[Page 18207]]

Steven J. Fessler (IL)
Patrick L. Morningstar (MD)
Russell L. Stiley (CO)
Gary T. Stoutamyer (VA)
Jack K. Webster (KY)
Harry V. Wilhite, Jr. (AL)

    The drivers were included in Docket No. FMCSA-2013-0014. Their 
exemptions are effective as of May 3, 2017, and will expire on May 3, 
2019.
    As of May 6, 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 (78 FR 16758; 78 FR 
26422):

Victor L. Daniels (DE)
Kenneth T. Faborito (HI)
Kevin P. Lee (MN)
Duane W. Mansur (NH)
Fritz R. McBride (WI)
Arthur H. Olsen (AZ)
Jacob D. Parnaby (OH)
Brandon P. Wilson (NC)
Peter S. Zipperer (LA)

    The drivers were included in Docket No. FMCSA-2013-0012. Their 
exemptions are effective as of May 6, 2017, and will expire on May 6, 
2019.
    As of May 8, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 50 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 18681; 80 FR 
37716):

Rafael M. Alvarado (TX)
Mark J. Avedisian (NY)
Timothy J. Burke (MA)
Roger D. Cassada (VA)
Leonard W. Cleaves (MA)
Larry A. Cramer (SD)
Bradford A. Davies (ME)
Larry A. DeSanno (OR)
Robert S. Doering (IL)
Michael L. Domarus (MN)
Adan A. Espinoza (CA)
Howard E. Fruehling (IA)
Michael F. Gabbianelli (NJ)
James E. Goins (NJ)
Gregory J. Goodenbour (IA)
Michael D. Howell (NC)
Mayer Indorsky (NY)
Raymond J. Jacobs (NY)
Lyle J. Kaehler (WI)
Charles F. Kennedy (PA)
Curtis G. Krichbaum (PA)
Walter P. Leck (PA)
John R. Mauney (NC)
Derrell R. McCaskill (MD)
Eric O. McLamb (NC)
Michael S. Murray (IA)
Benjamin M. Naastad (ND)
Richard G. Niemi (WI)
Kenthia E. Norfleet (AL)
Donald M. Oakes (NH)
Robert E. Piernik (FL)
Harold E. Pratt (MO)
Jack C. Reed (NE)
Fernando Rivera (IL)
William J. Schmidt (MN)
Todd J. Schoeller (WI)
Gary H. Schrot (WI)
Ryan A. Snow (PA)
Kevin L. Sundh (UT)
William H. Terry (IN)
Duane K. Torlish, Jr. (NY)
Ronald W. Truitt (PA)
Timothy E. Vanderwiele (NY)
Leo D. Vermeire (WA)
Brian W. Walls (PA)
Gary L. Webster (VT)
Lance A. Wendinger (MN)
Allan W. Widener (GA)
Shane D. Wildoner (PA)
Kyle A. Wright (WA)

    The drivers were included in Docket No. FMCSA-2014-0315. Their 
exemptions are effective as of May 8, 2017, and will expire on May 8, 
2019.
    As of May 9, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 38 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (76 FR 17475; 76 FR 
26792; 80 FR 18928; 80 FR 37726):

James R. Bledsoe (FL)
Sammy W. Bowlin (KS)
Durwin A. Brannon (NC)
Larry J. Carril (IL)
Jimmy E. Cole (TN)
Robert S. Colosimo (ND)
Jo F. Cook (NY)
James N. Coombs (NJ)
David A. Daniels (ME)
John A. DelGiudice (RI)
Mark J. Dias (MA)
Brian A. Foss (WY)
William A.H. Gardner (CA)
Steven M. Gilmour (MA)
Ismael Gonzalez (IN)
Charles A. Gudaitis (PA)
Cory A. Harker (UT)
Clark D. Holdeman (TX)
David A. Holwenger (WA)
Conrad J. Janik (NY)
David F. Kenny (NY)
George W. Key, Jr. (AL)
Michael O. Lancial (MI)
Robert E. McKenna (NY)
Gregory O. Morton (AL)
Frank A. Mowers (IL)
Charles H. Nichols (MI)
Robert L. Rush (PA)
Derek J. Scougal (VA)
Roy Silva (IL)
James L. Skinner (IA)
Crispin Tabangcura Jr. (HI)
Robert L. Terry (TN)
Rafael Torres, Jr. (FL)
Harold E. Watters (IN)
Joseph E. Weitzel (PA)
John B. Wojcicki (OH)
Steven L. Wolvers (IA)

    The drivers were included in one of the following docket Nos: 
FMCSA-2011-0058; FMCSA-2015-0057. Their exemptions are effective as of 
May 9, 2017, and will expire on May 9, 2019.
    As of May 11, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 8 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (76 FR 17478; 76 FR 
27376):

Peter N. Amendola (MA)
Steven V. Callison (LA)
Douglas A. Carroll (IN)
Tamara D. Folsom (SD)
Ernest Martinelli, III (RI)
Johnathon C. Morgan (TN)
David R. Smith (ME)
Adam J. Stegenga (MI)

    The drivers were included in Docket No. FMCSA-2011-0040. Their 
exemptions are effective as of May 11, 2017, and will expire on May 11, 
2019.
    As of May 18, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, Thomas G. Deke (MO) has satisfied the renewal conditions for 
obtaining an exemption from the rule prohibiting drivers with ITDM from 
driving CMVs in interstate commerce (71 FR 17558; 71 FR 28913).
    This driver was included in docket No. FMCSA-2006-24016. The 
exemption is effective as of May 18, 2017, and will expire on May 18, 
2019.
    As of May 22, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 17 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (74 FR 15578; 74 FR 
24072):

William C. Arrington (MD)
Raymond Barajas (KS)
William N. Carpenter (KY)
Darin L. Carpenter (MT)
Jeffery W. Cotner (OR)
Juan A. Hartwell (CT)
David A. Holzbach (SC)
Joseph T. Jackson (CT)
Donald A. Lambrecht (NC)
William M. Liebert (NV)
Curtis J. Panther (MN)
Eric S. Ritter (CA)
Gary L. Robinson (TN)
Kevin J. Sears (IL)
Peter A. Storm (LA)
Don A. Wisnosky (WI)
Patrick D. Yosten (NE)

    The drivers were included in docket No. FMCSA-2009-0067. Their 
exemptions are effective as of May 22, 2017, and will expire on May 22, 
2019.

[[Page 18208]]

    Each of the 132 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 
132 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-2006-24016; FMCSA-2009-0067; FMCSA-
2011-0040; FMCSA-2011-0058; FMCSA-2013-0012; FMCSA-2013-0014; FMCSA-
2014-0315; FMCSA-2015-0057.

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 May 17, 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 132 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-2006-24016; FMCSA-
2009-0067; FMCSA-2011-0040; FMCSA-2011-0058; FMCSA-2013-0012; FMCSA-
2013-0014; FMCSA-2014-0315; FMCSA-2015-0057 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-2006-24016; FMCSA-2009-0067; FMCSA-2011-0040; 
FMCSA-2011-0058; FMCSA-2013-0012; FMCSA-2013-0014; FMCSA-2014-0315; 
FMCSA-2015-0057 and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to this 
notice.

    Issued on: April 10, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-07672 Filed 4-14-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  18206                          Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices

                                                  DEPARTMENT OF TRANSPORTATION                            without change to http://                             would compromise their ability to safely
                                                                                                          www.regulations.gov, including any                    operate a CMV during the previous 2-
                                                  Federal Motor Carrier Safety                            personal information included in a                    year exemption period.
                                                  Administration                                          comment. Please see the Privacy Act
                                                                                                                                                                II. Exemption Decision
                                                  [Docket No. FMCSA–2006–24016; FMCSA–                    heading below.
                                                                                                            Docket: For access to the docket to                    This notice addresses 132 individuals
                                                  2009–0067; FMCSA–2011–0040; FMCSA–
                                                  2011–0058; FMCSA–2013–0012; FMCSA–                      read background documents or                          who have requested renewal of their
                                                  2013–0014; FMCSA–2014–0315; FMCSA–                      comments, go to http://                               exemptions in accordance with FMCSA
                                                  2015–0057]                                              www.regulations.gov at any time or                    procedures. These 132 drivers remain in
                                                                                                          Room W12–140 on the ground level of                   good standing with the Agency, have
                                                  Qualification of Drivers; Exemption                     the West Building, 1200 New Jersey                    maintained their required medical
                                                  Applications; Diabetes                                  Avenue SE., Washington, DC, between 9                 monitoring and have not exhibited any
                                                                                                          a.m. and 5 p.m., e.t., Monday through                 medical issues that would compromise
                                                  AGENCY: Federal Motor Carrier Safety                                                                          their ability to safely operate a CMV
                                                  Administration (FMCSA), DOT.                            Friday, except Federal holidays. The
                                                                                                          Federal Docket Management System                      during the previous 2-year exemption
                                                  ACTION: Notice of renewal of                                                                                  period. Therefore, FMCSA has decided
                                                                                                          (FDMS) is available 24 hours each day,
                                                  exemptions; request for comments.                                                                             to extend each exemption for a
                                                                                                          365 days each year. If you want
                                                                                                          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 132
                                                                                                          addressed, stamped envelope or                        renewal date.
                                                  individuals from its rule prohibiting                                                                            The exemptions are renewed subject
                                                  persons with insulin-treated diabetes                   postcard or print the acknowledgement
                                                                                                          page that appears after submitting                    to the following conditions: (1) That
                                                  mellitus (ITDM) from operating                                                                                each individual submit a quarterly
                                                  commercial motor vehicles (CMVs) in                     comments on-line.
                                                                                                            Privacy Act: Anyone may search the                  monitoring checklist completed by the
                                                  interstate commerce. FMCSA has                                                                                treating endocrinologist as well as an
                                                  statutory authority to exempt                           electronic form of all comments
                                                                                                          received into any of our dockets by the               annual checklist with a comprehensive
                                                  individuals from this rule if the                                                                             medical evaluation; (2) that each
                                                  exemptions granted will not                             name of the individual submitting the
                                                                                                          comment (or of the person signing the                 individual reports within 2 business
                                                  compromise safety. The Agency has                                                                             days of occurrence, all episodes of
                                                  concluded that granting these                           comment, if submitted on behalf of an
                                                                                                          association, business, labor union, etc.).            severe hypoglycemia, significant
                                                  exemption renewals will provide a level                                                                       complications, or inability to manage
                                                  of safety that is equivalent to or greater              You may review DOT’s Privacy Act
                                                                                                          Statement for the Federal Docket                      diabetes; also, any involvement in an
                                                  than the level of safety maintained                                                                           accident or any other adverse event in
                                                  without the exemptions for these CMV                    Management System (FDMS) published
                                                                                                          in the Federal Register on January 17,                a CMV or personal vehicle, whether or
                                                  drivers.                                                                                                      not it is related to an episode of
                                                  DATES: Each group of renewed                            2008 (73 FR 3316).
                                                                                                                                                                hypoglycemia; (3) that each individual
                                                  exemptions are effective from the dates                 FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                                                                                submit an annual ophthalmologist’s or
                                                  stated in the discussions below.                        Christine A. Hydock, Chief, Medical                   optometrist’s report; and (4) that each
                                                  Comments must be received on or                         Programs Division, 202–366–4001,                      individual provide a copy of the annual
                                                  before May 17, 2017.                                    fmcsamedical@dot.gov, FMCSA,                          medical certification to the employer for
                                                  ADDRESSES: You may submit comments                      Department of Transportation, 1200                    retention in the driver’s qualification
                                                  bearing the Federal Docket Management                   New Jersey Avenue SE., Room W64–                      file, or keep a copy in his/her driver’s
                                                  System (FDMS) numbers: Docket No.                       113, Washington, DC 20590–0001.                       qualification file if he/she is self-
                                                  FMCSA–2006–24016; FMCSA–2009–                           Office hours are from 8 a.m. to 5:30                  employed. The driver must also have a
                                                  0067; FMCSA–2011–0040; FMCSA–                           p.m., e.t., Monday through Friday,                    copy of the certification when driving,
                                                  2011–0058; FMCSA–2013–0012;                             except Federal holidays.                              for presentation to a duly authorized
                                                  FMCSA–2013–0014; FMCSA–2014–                            SUPPLEMENTARY INFORMATION:                            Federal, State, or local enforcement
                                                  0315; FMCSA–2015–0057 using any of                      I. Background                                         official.
                                                  the following methods:
                                                    • Federal eRulemaking Portal: Go to                      Under 49 U.S.C. 31136(e) and 31315,                III. Basis for Renewing Exemptions
                                                  http://www.regulations.gov. Follow the                  FMCSA may renew an exemption from                        Under 49 U.S.C. 31315(b)(1), an
                                                  on-line instructions for submitting                     the Federal Motor Carrier Safety                      exemption may be granted for no longer
                                                  comments.                                               Regulations 2-year period if it finds                 than two years from its approval date
                                                    • Mail: Docket Management Facility;                   ‘‘such exemption would likely achieve a               and may be renewed upon application
                                                  U.S. Department of Transportation, 1200                 level of safety that is equivalent to or              for additional two year periods. The
                                                  New Jersey Avenue SE., West Building                    greater than the level that would be                  following groups of drivers received
                                                  Ground Floor, Room W12–140,                             achieved absent such exemption.’’ The                 renewed exemptions in the month of
                                                  Washington, DC 20590–0001.                              statute also allows the Agency to renew               May and are discussed below.
                                                    • Hand Delivery or Courier: West                      exemptions at the end of the 2-year                      As of May 3, 2017, and in accordance
                                                  Building Ground Floor, Room W12–140,                    period. The 132 individuals listed in                 with 49 U.S.C. 31136(e) and 31315, the
                                                  1200 New Jersey Avenue SE.,                             this notice have recently become                      following 9 individuals have satisfied
                                                  Washington, DC, between 9 a.m. and 5                    eligible for a renewed exemption from                 the renewal conditions for obtaining an
mstockstill on DSK30JT082PROD with NOTICES




                                                  p.m., e.t., Monday through Friday,                      the diabetes prohibition in 49 CFR                    exemption from the rule prohibiting
                                                  except Federal Holidays.                                391.41(b)(3), which applies to drivers of             drivers with ITDM from driving CMVs
                                                    • Fax: 1–202–493–2251.                                CMVs in interstate commerce. The                      in interstate commerce (78 FR 16032; 78
                                                    Instructions: Each submission must                    drivers remain in good standing with                  FR 26107):
                                                  include the Agency name and the                         the Agency, have maintained their                     Maryland A. Chandler (KY)
                                                  docket number for this notice. Note that                required medical monitoring and have                  Ronald D. Clark (AR)
                                                  DOT posts all comments received                         not exhibited any medical issues that                 Larry L. Eberly (PA)


                                             VerDate Sep<11>2014   17:14 Apr 14, 2017   Jkt 241001   PO 00000   Frm 00108   Fmt 4703   Sfmt 4703   E:\FR\FM\17APN1.SGM   17APN1


                                                                                 Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices                                           18207

                                                  Steven J. Fessler (IL)                                  Donald M. Oakes (NH)                                  Joseph E. Weitzel (PA)
                                                  Patrick L. Morningstar (MD)                             Robert E. Piernik (FL)                                John B. Wojcicki (OH)
                                                  Russell L. Stiley (CO)                                  Harold E. Pratt (MO)                                  Steven L. Wolvers (IA)
                                                  Gary T. Stoutamyer (VA)                                 Jack C. Reed (NE)                                        The drivers were included in one of
                                                  Jack K. Webster (KY)                                    Fernando Rivera (IL)                                  the following docket Nos: FMCSA–
                                                  Harry V. Wilhite, Jr. (AL)                              William J. Schmidt (MN)                               2011–0058; FMCSA–2015–0057. Their
                                                    The drivers were included in Docket                   Todd J. Schoeller (WI)                                exemptions are effective as of May 9,
                                                  No. FMCSA–2013–0014. Their                              Gary H. Schrot (WI)                                   2017, and will expire on May 9, 2019.
                                                  exemptions are effective as of May 3,                   Ryan A. Snow (PA)                                        As of May 11, 2017, and in
                                                  2017, and will expire on May 3, 2019.                   Kevin L. Sundh (UT)                                   accordance with 49 U.S.C. 31136(e) and
                                                    As of May 6, 2017, and in accordance                  William H. Terry (IN)                                 31315, the following 8 individuals have
                                                  with 49 U.S.C. 31136(e) and 31315, the                  Duane K. Torlish, Jr. (NY)                            satisfied the renewal conditions for
                                                  following 9 individuals have satisfied                  Ronald W. Truitt (PA)                                 obtaining an exemption from the rule
                                                  the renewal conditions for obtaining an                 Timothy E. Vanderwiele (NY)                           prohibiting drivers with ITDM from
                                                  exemption from the rule prohibiting                     Leo D. Vermeire (WA)                                  driving CMVs in interstate commerce
                                                  drivers with ITDM from driving CMVs                     Brian W. Walls (PA)                                   (76 FR 17478; 76 FR 27376):
                                                  in interstate commerce (78 FR 16758; 78                 Gary L. Webster (VT)                                  Peter N. Amendola (MA)
                                                  FR 26422):                                              Lance A. Wendinger (MN)                               Steven V. Callison (LA)
                                                  Victor L. Daniels (DE)                                  Allan W. Widener (GA)                                 Douglas A. Carroll (IN)
                                                  Kenneth T. Faborito (HI)                                Shane D. Wildoner (PA)                                Tamara D. Folsom (SD)
                                                  Kevin P. Lee (MN)                                       Kyle A. Wright (WA)                                   Ernest Martinelli, III (RI)
                                                  Duane W. Mansur (NH)                                      The drivers were included in Docket                 Johnathon C. Morgan (TN)
                                                  Fritz R. McBride (WI)                                   No. FMCSA–2014–0315. Their                            David R. Smith (ME)
                                                                                                          exemptions are effective as of May 8,                 Adam J. Stegenga (MI)
                                                  Arthur H. Olsen (AZ)
                                                  Jacob D. Parnaby (OH)                                   2017, and will expire on May 8, 2019.                    The drivers were included in Docket
                                                  Brandon P. Wilson (NC)                                    As of May 9, 2017, and in accordance                No. FMCSA–2011–0040. Their
                                                  Peter S. Zipperer (LA)                                  with 49 U.S.C. 31136(e) and 31315, the                exemptions are effective as of May 11,
                                                                                                          following 38 individuals have satisfied               2017, and will expire on May 11, 2019.
                                                    The drivers were included in Docket
                                                                                                          the renewal conditions for obtaining an                  As of May 18, 2017, and in
                                                  No. FMCSA–2013–0012. Their
                                                                                                          exemption from the rule prohibiting                   accordance with 49 U.S.C. 31136(e) and
                                                  exemptions are effective as of May 6,
                                                                                                          drivers with ITDM from driving CMVs                   31315, Thomas G. Deke (MO) has
                                                  2017, and will expire on May 6, 2019.
                                                                                                          in interstate commerce (76 FR 17475; 76               satisfied the renewal conditions for
                                                    As of May 8, 2017, and in accordance
                                                                                                          FR 26792; 80 FR 18928; 80 FR 37726):                  obtaining an exemption from the rule
                                                  with 49 U.S.C. 31136(e) and 31315, the
                                                                                                          James R. Bledsoe (FL)                                 prohibiting drivers with ITDM from
                                                  following 50 individuals have satisfied
                                                                                                          Sammy W. Bowlin (KS)                                  driving CMVs in interstate commerce
                                                  the renewal conditions for obtaining an
                                                                                                          Durwin A. Brannon (NC)                                (71 FR 17558; 71 FR 28913).
                                                  exemption from the rule prohibiting
                                                                                                                                                                   This driver was included in docket
                                                  drivers with ITDM from driving CMVs                     Larry J. Carril (IL)
                                                                                                                                                                No. FMCSA–2006–24016. The
                                                  in interstate commerce (80 FR 18681; 80                 Jimmy E. Cole (TN)
                                                                                                                                                                exemption is effective as of May 18,
                                                  FR 37716):                                              Robert S. Colosimo (ND)
                                                                                                                                                                2017, and will expire on May 18, 2019.
                                                  Rafael M. Alvarado (TX)                                 Jo F. Cook (NY)
                                                                                                                                                                   As of May 22, 2017, and in
                                                  Mark J. Avedisian (NY)                                  James N. Coombs (NJ)
                                                                                                                                                                accordance with 49 U.S.C. 31136(e) and
                                                  Timothy J. Burke (MA)                                   David A. Daniels (ME)
                                                                                                                                                                31315, the following 17 individuals
                                                  Roger D. Cassada (VA)                                   John A. DelGiudice (RI)
                                                                                                                                                                have satisfied the renewal conditions for
                                                  Leonard W. Cleaves (MA)                                 Mark J. Dias (MA)
                                                                                                                                                                obtaining an exemption from the rule
                                                  Larry A. Cramer (SD)                                    Brian A. Foss (WY)
                                                                                                                                                                prohibiting drivers with ITDM from
                                                  Bradford A. Davies (ME)                                 William A.H. Gardner (CA)
                                                                                                                                                                driving CMVs in interstate commerce
                                                  Larry A. DeSanno (OR)                                   Steven M. Gilmour (MA)
                                                                                                                                                                (74 FR 15578; 74 FR 24072):
                                                  Robert S. Doering (IL)                                  Ismael Gonzalez (IN)
                                                                                                          Charles A. Gudaitis (PA)                              William C. Arrington (MD)
                                                  Michael L. Domarus (MN)                                                                                       Raymond Barajas (KS)
                                                  Adan A. Espinoza (CA)                                   Cory A. Harker (UT)
                                                                                                                                                                William N. Carpenter (KY)
                                                  Howard E. Fruehling (IA)                                Clark D. Holdeman (TX)
                                                                                                                                                                Darin L. Carpenter (MT)
                                                  Michael F. Gabbianelli (NJ)                             David A. Holwenger (WA)                               Jeffery W. Cotner (OR)
                                                  James E. Goins (NJ)                                     Conrad J. Janik (NY)                                  Juan A. Hartwell (CT)
                                                  Gregory J. Goodenbour (IA)                              David F. Kenny (NY)                                   David A. Holzbach (SC)
                                                  Michael D. Howell (NC)                                  George W. Key, Jr. (AL)                               Joseph T. Jackson (CT)
                                                  Mayer Indorsky (NY)                                     Michael O. Lancial (MI)                               Donald A. Lambrecht (NC)
                                                  Raymond J. Jacobs (NY)                                  Robert E. McKenna (NY)                                William M. Liebert (NV)
                                                  Lyle J. Kaehler (WI)                                    Gregory O. Morton (AL)                                Curtis J. Panther (MN)
                                                  Charles F. Kennedy (PA)                                 Frank A. Mowers (IL)                                  Eric S. Ritter (CA)
                                                  Curtis G. Krichbaum (PA)                                Charles H. Nichols (MI)                               Gary L. Robinson (TN)
                                                  Walter P. Leck (PA)                                     Robert L. Rush (PA)                                   Kevin J. Sears (IL)
mstockstill on DSK30JT082PROD with NOTICES




                                                  John R. Mauney (NC)                                     Derek J. Scougal (VA)                                 Peter A. Storm (LA)
                                                  Derrell R. McCaskill (MD)                               Roy Silva (IL)                                        Don A. Wisnosky (WI)
                                                  Eric O. McLamb (NC)                                     James L. Skinner (IA)                                 Patrick D. Yosten (NE)
                                                  Michael S. Murray (IA)                                  Crispin Tabangcura Jr. (HI)                              The drivers were included in docket
                                                  Benjamin M. Naastad (ND)                                Robert L. Terry (TN)                                  No. FMCSA–2009–0067. Their
                                                  Richard G. Niemi (WI)                                   Rafael Torres, Jr. (FL)                               exemptions are effective as of May 22,
                                                  Kenthia E. Norfleet (AL)                                Harold E. Watters (IN)                                2017, and will expire on May 22, 2019.


                                             VerDate Sep<11>2014   17:14 Apr 14, 2017   Jkt 241001   PO 00000   Frm 00109   Fmt 4703   Sfmt 4703   E:\FR\FM\17APN1.SGM   17APN1


                                                  18208                          Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices

                                                    Each of the 132 drivers in the                        statutory level of safety should                        Issued on: April 10, 2017.
                                                  aforementioned groups qualifies for a                   immediately notify FMCSA. The                         Larry W. Minor,
                                                  renewal of the exemption. They have                     Agency will evaluate any adverse                      Associate Administrator for Policy.
                                                  maintained their required medical                       evidence submitted and, if safety is                  [FR Doc. 2017–07672 Filed 4–14–17; 8:45 am]
                                                  monitoring and have not exhibited any                   being compromised or if continuation of               BILLING CODE 4910–EX–P
                                                  medical issues that would compromise                    the exemption would not be consistent
                                                  their ability to safely operate a CMV                   with the goals and objectives of 49
                                                  during the previous 2-year exemption                    U.S.C. 31136(e) and 31315, FMCSA will                 DEPARTMENT OF TRANSPORTATION
                                                  period.                                                 take immediate steps to revoke the
                                                    These factors provide an adequate                     exemption of a driver.                                National Highway Traffic Safety
                                                  basis for predicting each driver’s ability                                                                    Administration
                                                  to continue to drive safely in interstate               V. Submitting Comments
                                                  commerce. Therefore, FMCSA                                                                                    [Docket No. NHTSA–2017–0013; Notice 1]
                                                  concludes that extending the exemption                     You may submit your comments and
                                                                                                          material online or by fax, mail, or hand              Hyundai Motor America, Receipt of
                                                  for each of the 132 drivers for a period
                                                                                                          delivery, but please use only one of                  Petition for Decision of
                                                  of two years is likely to achieve a level
                                                                                                          these means. FMCSA recommends that                    Inconsequential Noncompliance
                                                  of safety equal to that existing without
                                                  the exemption. The drivers were                         you include your name and a mailing                   AGENCY:  National Highway Traffic
                                                  included in docket numbers FMCSA–                       address, an email address, or a phone                 Safety Administration (NHTSA),
                                                  2006–24016; FMCSA–2009–0067;                            number in the body of your document                   Department of Transportation (DOT).
                                                  FMCSA–2011–0040; FMCSA–2011–                            so that FMCSA can contact you if there
                                                                                                                                                                ACTION: Receipt of petition.
                                                  0058; FMCSA–2013–0012; FMCSA–                           are questions regarding your
                                                  2013–0014; FMCSA–2014–0315;                             submission.                                           SUMMARY:   Hyundai Motor America
                                                  FMCSA–2015–0057.                                           To submit your comment online, go to               (Hyundai), on behalf of Hyundai Motor
                                                  IV. Request for Comments                                http://www.regulations.gov and in the                 Company, has determined that certain
                                                                                                          search box insert the docket numbers                  model year (MY) 2015 Hyundai Sonata
                                                     FMCSA will review comments                                                                                 motor vehicles do not fully comply with
                                                                                                          FMCSA–2006–24016; FMCSA–2009–
                                                  received at any time concerning a                                                                             Federal Motor Vehicle Safety Standard
                                                  particular driver’s safety record and                   0067; FMCSA–2011–0040; FMCSA–
                                                                                                          2011–0058; FMCSA–2013–0012;                           (FMVSS) No. 108, Lamps, Reflective
                                                  determine if the continuation of the                                                                          Devices, and Associated Equipment.
                                                  exemption is consistent with the                        FMCSA–2013–0014; FMCSA–2014–
                                                                                                          0315; FMCSA–2015–0057 and click the                   Hyundai filed a noncompliance
                                                  requirements at 49 U.S.C. 31136(e) and                                                                        information report dated February 5,
                                                  31315. However, FMCSA requests that                     search button. When the new screen
                                                                                                          appears, click on the blue ‘‘Comment                  2017. Hyundai also petitioned NHTSA
                                                  interested parties with specific data                                                                         on February 3, 2017, for a decision that
                                                  concerning the safety records of these                  Now!’’ button on the right hand side of
                                                                                                          the page. On the new page, enter                      the subject noncompliance is
                                                  drivers submit comments by May 17,                                                                            inconsequential as it relates to motor
                                                  2017.                                                   information required including the
                                                                                                          specific section of this document to                  vehicle safety.
                                                     FMCSA believes that the
                                                  requirements for a renewal of an                        which each comment applies, and                       DATES: The closing date for comments
                                                  exemption under 49 U.S.C. 31136(e) and                  provide a reason for each suggestion or               on the petition is May 17, 2017.
                                                  31315 can be satisfied by initially                     recommendation. If you submit your                    ADDRESSES: Interested persons are
                                                  granting the renewal and then                           comments by mail or hand delivery,                    invited to submit written data, views,
                                                  requesting and evaluating, if needed,                   submit them in an unbound format, no                  and arguments on this petition.
                                                  subsequent comments submitted by                        larger than 81⁄2 by 11 inches, suitable for           Comments must refer to the docket and
                                                  interested parties. As indicated above,                 copying and electronic filing. If you                 notice number cited in the title of this
                                                  the Agency previously published                         submit comments by mail and would                     notice and submitted by any of the
                                                  notices of final disposition announcing                 like to know that they reached the                    following methods:
                                                  its decision to exempt these 132                        facility, please enclose a stamped, self-               • Mail: Send comments by mail
                                                  individuals from rule prohibiting                       addressed postcard or envelope.                       addressed to U.S. Department of
                                                  persons with ITDM from operating                                                                              Transportation, Docket Operations, M–
                                                                                                             We will consider all comments and                  30, West Building Ground Floor, Room
                                                  CMVs in interstate commerce in 49 CFR
                                                                                                          material received during the comment                  W12–140, 1200 New Jersey Avenue SE.,
                                                  391.41(b)(3). The final decision to grant
                                                                                                          period. FMCSA may issue a final                       Washington, DC 20590.
                                                  an exemption to each of these
                                                                                                          determination at any time after the close               • Hand Delivery: Deliver comments
                                                  individuals was made on the merits of
                                                                                                          of the comment period.                                by hand to U.S. Department of
                                                  each case and made only after careful
                                                  consideration of the comments received                  VI. Viewing Comments and Documents                    Transportation, Docket Operations, M–
                                                  to its notices of applications. The                                                                           30, West Building Ground Floor, Room
                                                  notices of applications stated in detail                   To view comments, as well as any                   W12–140, 1200 New Jersey Avenue SE.,
                                                  the medical condition of each applicant                 documents mentioned in this preamble,                 Washington, DC 20590. The Docket
                                                  for an exemption from rule prohibiting                  go to http://www.regulations.gov and in               Section is open on weekdays from 10
                                                  persons with ITDM from operating                        the search box insert the docket number               a.m. to 5 p.m. except Federal Holidays.
                                                  CMVs in interstate commerce. That                       FMCSA–2006–24016; FMCSA–2009–                           • Electronically: Submit comments
mstockstill on DSK30JT082PROD with NOTICES




                                                  information is available by consulting                  0067; FMCSA–2011–0040; FMCSA–                         electronically by logging onto the
                                                  the above cited Federal Register                        2011–0058; FMCSA–2013–0012;                           Federal Docket Management System
                                                  publications.                                           FMCSA–2013–0014; FMCSA–2014–                          (FDMS) Web site at https://
                                                     Interested parties or organizations                  0315; FMCSA–2015–0057 and click                       www.regulations.gov/. Follow the online
                                                  possessing information that would                       ‘‘Search.’’ Next, click ‘‘Open Docket                 instructions for submitting comments.
                                                  otherwise show that any, or all, of these               Folder’’ and you will find all documents                • Comments may also be faxed to
                                                  drivers are not currently achieving the                 and comments related to this notice.                  (202) 493–2251.


                                             VerDate Sep<11>2014   17:14 Apr 14, 2017   Jkt 241001   PO 00000   Frm 00110   Fmt 4703   Sfmt 4703   E:\FR\FM\17APN1.SGM   17APN1



Document Created: 2018-08-25 11:27:45
Document Modified: 2018-08-25 11:27:45
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 May 17, 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 18206 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR