82_FR_19028 82 FR 18951 - Qualification of Drivers; Exemption Applications; Diabetes

82 FR 18951 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 77 (April 24, 2017)

Page Range18951-18953
FR Document2017-08196

FMCSA announces its decision to renew exemptions of 152 individuals from its prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals with ITDM to continue to operate CMVs in interstate commerce.

Federal Register, Volume 82 Issue 77 (Monday, April 24, 2017)
[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Notices]
[Pages 18951-18953]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08196]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-26321; FMCSA-2007-29286; FMCSA-2008-0341; FMCSA-
2010-0414; FMCSA-2010-0427; FMCSA-2012-0349; FMCSA-2012-0350; FMCSA-
2012-0351; FMCSA-2014-0312]


Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions of 152 
individuals from its prohibition in the Federal Motor Carrier Safety 
Regulations (FMCSRs) against persons with insulin-treated diabetes 
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in 
interstate commerce. The exemptions enable these individuals with ITDM 
to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions was effective on the dates 
stated in the discussions below and will expire on the dates stated in 
the discussions below.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, 202-366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m., 
e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

II. Background

    On March 7, 2017, FMCSA published a notice announcing its decision 
to renew exemptions for 152 individuals from the insulin-treated 
diabetes mellitus prohibition in 49 CFR 391.41(b)(3) to operate a CMV 
in interstate commerce and requested comments from the public (82 FR 
12886). The public comment period ended on April 6, 2017, and no 
comments were received.
    As stated in the previous notice, FMCSA has evaluated the 
eligibility of these applicants and determined that renewing these 
exemptions would achieve a level of safety equivalent to or greater 
than the level that would be achieved by complying with the current 
regulation 49 CFR 391.41(b)(3).
    The physical qualification standard for drivers regarding diabetes 
found in 49 CFR 391.41(b)(3) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of diabetes mellitus currently requiring 
insulin for control.

III. Discussion of Comments

    FMCSA received no comments in this preceding.

IV. Conclusion

    Based upon its evaluation of the 152 renewal exemption applications 
and that no comments were received, FMCSA confirms its' decision to 
exempt the following drivers from the rule prohibiting drivers with 
ITDM from driving CMVs in interstate commerce in 49 CFR 391.41(b)(3).
    As of February 1, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 10 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (72 FR 69280; 73 FR 
6247):

Steven G. Boggs (KS)
Jessie L. Brock II (TX)
Challis J. Crismore (MT)
David J. Jansen (OH)
Lawrence A. Kibler (PA)
Arthur J. Medrano (CA)
Mark R. Perkins (NV)
Christopher C. Schuch (MA)
Timothy Short (PA)
Uve J. Witsch (CA)

    The drivers were included in docket No. FMCSA-2007-29286. Their 
exemptions are effective as of February

[[Page 18952]]

1, 2017, and will expire on February 1, 2019.
    As of February 4, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 5 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 78271; 78 FR 
7855):

Kathy L. Brown (IN)
John C. Evans (IL)
Thomas J. Ferry (NJ)
Jeffrey C. Hanson (TX)
Daniel V. Williamson (MN)

    The drivers were included in docket No. FMCSA-2012-0349. Their 
exemptions are effective as of February 4, 2017, and will expire on 
February 4, 2019.
    As of February 6, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 19 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (71 FR 74986; 72 FR 
5492):

Roy B. Carter (WV)
Bradley D. Case (IN)
Thomas D. Dyke (KS)
Anthony L. Gentry (CO)
Michael T. Hartley (KY)
David A. Heider (WI)
John A. Helm (IL)
John A. Herbert (NJ)
Lester H. Hughes (VA)
Christopher A. Knott (MN)
Jeffery C. Link (SC)
Joseph C. McMasters (IN)
Bradley S. Mowdy (CA)
Ronald W. Nelson (MN)
Kent E. Pelkey (ME)
Keith E. Petersen (ND)
Allen W. Quon (MD)
Shawn P. Wathley (CT)
Christopher T. Worsley (MA)

    The drivers were included in docket No. FMCSA-2006-26321. Their 
exemptions are effective as of February 6, 2017, and will expire on 
February 6, 2019.
    As of February 9, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 33 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (73 FR 75794; 74 FR 
6451):

Robert S. Althouse (PA)
James G. Arnoldussen, Sr. (WI)
Thomas S. Benson (NC)
Dennis A. Boelens (IL)
Walter R. Braxton (VA)
Merle N. Cromwell (IL)
Trenn A. Davis (KS)
Stephen R. Ferrario (CA)
Kevin J. Fries (MT)
Fred Frisch (OH)
Daniel D. Greenwell (NY)
George H. Hayes, Jr. (VA)
John H. Hilliges (NE)
Paris J. Howell (TN)
John H. Kingsley (VA)
Gary J. Klostermann (IA)
Jason C. Lang (VT)
Kevin J. Lavoie (OR)
Robert H. McCann, III (MD)
Chris C. Northway (WI)
John D. Owens (IN)
Jody A. Peckels (OR)
James H. Pfeiffer, Jr. (IL)
Marc R. Pream (MN)
Travis W. Proctor (GA)
Ann M. Reinke (WI)
Vincent L. Rodriguez (NM)
Randy L. Schroeder (NY)
Michael W. Sharp (TX)
Gary E. Stone (PA)
Anthony A. Thomas (KY)
John R. Turcotte (ME)
Russell A. Williams (WI)

    The drivers were included in docket No. FMCSA-2008-0341. Their 
exemptions are effective as of February 9, 2017, and will expire on 
February 9, 2019.
    As of February 10, 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 (75 FR 80889; 76 FR 
7625):

Charlie A. Barner (GA)
Christopher R. Everitt (OH)
Joseph A. Griffin (NY)
Michael A. Holy (MI)
Victor M. Lewis (TN)
William P. Miller, Jr. (KY)
David A. Wiltse (ND)

    The drivers were included in docket No. FMCSA-2010-0414. Their 
exemptions are effective as of February 10, 2017, and will expire on 
February 10, 2019.
    As of February 22, 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 (76 FR 1496; 76 FR 
9867):

Neal S. Faulkner (VT)
Jason J. Hamilton (AZ)
Steven J. Lefebvre (NY)
Mitchell J. Moore (CO)
James R. Parker (NJ)
Charles C. Quast (IL)
James E. Steele (TN)

    The drivers were included in docket No. FMCSA-2010-0427. Their 
exemptions are effective as of February 22, 2017, and will expire on 
February 22, 2019.
    As of February 24, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 48 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 3724; 80 FR 
19732):

Bryan L. Anderson (WA)
Travis K. Archer (ME)
Michael R. Batham (CA)
Victor M. Beltran-Araujo (UT)
Charles A. Best (OH)
George E. Carle (CO)
Jamey S. Carney (IA)
Michael G. Cary (MN)
John G. Castilaw (MS)
Adam C. Cochran (GA)
Michael R. Cummings (VA)
David L. Dalheim (NY)
Brian Dick (MD)
Timothy B. Duelke (ID)
Cory A. Duncan (OR)
Terrance J. Dunne (NJ)
David L. Eklund (IL)
Yoshitsugu Endo (FL)
Barry K. Foster (TX)
John A. Georg (IA)
Francis J. Gernatt, Jr. (NY)
Mark A. Haines (WV)
Ivan G. Hanford (OR)
James L. Harman III (VA)
James R. Hoyle (TX)
John M. Ippolito (NY)
Allan L. Jameson (NE)
Erik D. Kemmer (MN)
Mark L. Knobel, Sr. (MD)
Joseph E. Knox, Sr. (MD)
Erik M. Lane (NY)
James D. Martin (IN)
Galen H. Martin (PA)
John M. McCabe (IL)
Kevin F. McGlade (PA)
Brett J. Mellor (ID)
Kenneth M. Merritt (CA)
Charles E. Morgan (LA)
John E. Sautkulis (NY)
Ronnie L. Schronce (NC)
William F. Smith (DE)
Robin W. Swasey (UT)
Michelle P. Thibeault (ME)
Michael L. Thrasher (AL)
Steven R. Vance (TX)
William D. VanReese (MN)
Ellis J. Vest, Jr. (WV)
Mark P. Zimmerman (NV)

    The drivers were included in docket No. FMCSA-2014-0312. Their 
exemptions are effective as of February 24, 2017, and will expire on 
February 24, 2019.
    As of February 25, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 11 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule

[[Page 18953]]

prohibiting drivers with ITDM from driving CMVs in interstate commerce 
(78 FR 1927; 78 FR 12819):

Angel Bergendale (MA)
Sean P. Borsky (FL)
Uvena S. Brown (IN)
Spiro J. Jonovich (AZ)
Victor D. Mayberry (TN)
Barry C. McKay (CO)
Robert B. McKendry (IL)
William L. Phelps (IN)
Richard J. Rembisz (NY)
Richard L. Smith (GA)
Gary J. Tricarico (CT)

    The drivers were included in docket No. FMCSA-2012-0351. Their 
exemptions are effective as of February 25, 2017, and will expire on 
February 25, 2019.
    As of February 26, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 12 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 1923; 78 FR 
12821):

Shawn J. Ball (ID)
Ira S. Chamberlin (ME)
James K. Dowden (MN)
Myron P. Egbert (UT)
Michael T. Evans (OH)
Stephen P. Honen (OH)
Charles E. Johnston (MS)
Jack M. Sipich (IL)
Roger N. Stauffer (MI)
Tyrone Taylor (NC)
Michael E. Westley (FL)
Travis M. Whitt (CA)

    The drivers were included in docket No. FMCSA-2012-0350. Their 
exemptions are effective as of February 26, 2017, and will expire on 
February 26, 2019.
    In accordance with 49 U.S.C. 31315, each exemption will be valid 
for two years from the effective date unless revoked earlier by FMCSA. 
The exemption will be revoked if the following occurs: (1) The person 
fails to comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
prior to being granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136 and 
31315.

    Issued on: April 17, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-08196 Filed 4-21-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                                 Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices                                            18951

                                                  V. Discussion of Comments                               DEPARTMENT OF TRANSPORTATION                          provides, to http://www.regulations.gov,
                                                                                                                                                                as described in the system of records
                                                    FMCSA received one comment in this                    Federal Motor Carrier Safety                          notice (DOT/ALL–14 FDMS), which can
                                                  proceeding. An anonymous commenter                      Administration                                        be reviewed at http://www.dot.gov/
                                                  stated that they disagree with granting                                                                       privacy.
                                                                                                          [Docket No. FMCSA–2006–26321; FMCSA–
                                                  the exemptions, citing safety concerns.                 2007–29286; FMCSA–2008–0341; FMCSA–
                                                  FMCSA has evaluated the medical                                                                               II. Background
                                                                                                          2010–0414; FMCSA–2010–0427; FMCSA–
                                                  records and driving histories of all 14                 2012–0349; FMCSA–2012–0350; FMCSA–                       On March 7, 2017, FMCSA published
                                                  drivers included in this document and                   2012–0351; FMCSA–2014–0312]                           a notice announcing its decision to
                                                  has determined that granting the                                                                              renew exemptions for 152 individuals
                                                  exemptions will create an equal or                      Qualification of Drivers; Exemption                   from the insulin-treated diabetes
                                                  greater level of safety as restricting them             Applications; Diabetes                                mellitus prohibition in 49 CFR
                                                  to driving in intrastate commerce.                      AGENCY: Federal Motor Carrier Safety                  391.41(b)(3) to operate a CMV in
                                                                                                          Administration (FMCSA), DOT.                          interstate commerce and requested
                                                  IV. Conclusion                                                                                                comments from the public (82 FR
                                                                                                          ACTION: Notice of final disposition.
                                                                                                                                                                12886). The public comment period
                                                    Based upon its evaluation of the 14                                                                         ended on April 6, 2017, and no
                                                  exemption applications, FMCSA                           SUMMARY:    FMCSA announces its
                                                                                                          decision to renew exemptions of 152                   comments were received.
                                                  exempts the following drivers from the                                                                           As stated in the previous notice,
                                                                                                          individuals from its prohibition in the
                                                  vision requirement in 49 CFR                                                                                  FMCSA has evaluated the eligibility of
                                                                                                          Federal Motor Carrier Safety
                                                  391.41(b)(10):                                                                                                these applicants and determined that
                                                                                                          Regulations (FMCSRs) against persons
                                                  Tyler D. Baseman (MN)                                   with insulin-treated diabetes mellitus                renewing these exemptions would
                                                                                                          (ITDM) from operating commercial                      achieve a level of safety equivalent to or
                                                  Robert A. Ferrucci (FL)
                                                                                                          motor vehicles (CMVs) in interstate                   greater than the level that would be
                                                  Gary W. Fields (VA)                                                                                           achieved by complying with the current
                                                                                                          commerce. The exemptions enable these
                                                  Michael D. Greene, Jr. (VT)                             individuals with ITDM to continue to                  regulation 49 CFR 391.41(b)(3).
                                                                                                          operate CMVs in interstate commerce.                     The physical qualification standard
                                                  Cory W. Haupt (SD)
                                                                                                                                                                for drivers regarding diabetes found in
                                                  Joseph E. Jones (GA)                                    DATES: Each group of renewed
                                                                                                                                                                49 CFR 391.41(b)(3) states that a person
                                                                                                          exemptions was effective on the dates
                                                  Peter W. Lampasone (NY)                                                                                       is physically qualified to drive a CMV
                                                                                                          stated in the discussions below and will
                                                  Edward H. Lampe (OR)                                                                                          if that person has no established
                                                                                                          expire on the dates stated in the
                                                                                                                                                                medical history or clinical diagnosis of
                                                  Thomas L. Lange (CO)                                    discussions below.
                                                                                                                                                                diabetes mellitus currently requiring
                                                                                                          FOR FURTHER INFORMATION CONTACT: Ms.
                                                  Ronald R. Matheson (WY)                                                                                       insulin for control.
                                                                                                          Christine A. Hydock, Chief, Medical
                                                  Jason C. Nicklow, Sr. (PA)                              Programs Division, 202–366–4001,                      III. Discussion of Comments
                                                  Lawrence M. Taylor (RI)                                 fmcsamedical@dot.gov, FMCSA,                             FMCSA received no comments in this
                                                  Eric M. Turton (NY)                                     Department of Transportation, 1200                    preceding.
                                                                                                          New Jersey Avenue SE., Room W64–
                                                  Kendrick T. Williams (NC)                               224, Washington, DC 20590–0001.                       IV. Conclusion
                                                     In accordance with 49 U.S.C. 31136(e)                Office hours are from 8 a.m. to 5:30                    Based upon its evaluation of the 152
                                                  and 31315, each exemption will be valid                 p.m., e.t., Monday through Friday,                    renewal exemption applications and
                                                  for 2 years unless revoked earlier by                   except Federal holidays. If you have                  that no comments were received,
                                                  FMCSA. The exemption will be revoked                    questions regarding viewing or                        FMCSA confirms its’ decision to exempt
                                                  if: (1) The person fails to comply with                 submitting material to the docket,                    the following drivers from the rule
                                                                                                          contact Docket Services, telephone (202)              prohibiting drivers with ITDM from
                                                  the terms and conditions of the
                                                                                                          366–9826.                                             driving CMVs in interstate commerce in
                                                  exemption; (2) the exemption has
                                                                                                          SUPPLEMENTARY INFORMATION:                            49 CFR 391.41(b)(3).
                                                  resulted in a lower level of safety than
                                                                                                                                                                  As of February 1, 2017, and in
                                                  was maintained before it was granted; or                I. Electronic Access                                  accordance with 49 U.S.C. 31136(e) and
                                                  (3) continuation of the exemption would                    You may see all the comments online                31315, the following 10 individuals
                                                  not be consistent with the goals and                    through the Federal Document                          have satisfied the renewal conditions for
                                                  objectives of 49 U.S.C. 31136 and 31315.                Management System (FDMS) at: http://                  obtaining an exemption from the rule
                                                     If the exemption is still effective at the           www.regulations.gov.                                  prohibiting drivers with ITDM from
                                                  end of the 2-year period, the person may                   Docket: For access to the docket to                driving CMVs in interstate commerce
                                                  apply to FMCSA for a renewal under                      read background documents or                          (72 FR 69280; 73 FR 6247):
                                                  procedures in effect at that time.                      comments, go to http://                               Steven G. Boggs (KS)
                                                                                                          www.regulations.gov and/or Room                       Jessie L. Brock II (TX)
                                                    Issued on: April 17, 2017.
                                                                                                          W12–140 on the ground level of the                    Challis J. Crismore (MT)
                                                  Larry W. Minor,                                         West Building, 1200 New Jersey Avenue                 David J. Jansen (OH)
                                                  Associate Administrator for Policy.                     SE., Washington, DC, between 9 a.m.                   Lawrence A. Kibler (PA)
                                                                                                                                                                Arthur J. Medrano (CA)
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  [FR Doc. 2017–08201 Filed 4–21–17; 8:45 am]             and 5 p.m., e.t., Monday through Friday,
                                                  BILLING CODE 4910–EX–P                                  except Federal holidays.                              Mark R. Perkins (NV)
                                                                                                             Privacy Act: In accordance with 5                  Christopher C. Schuch (MA)
                                                                                                          U.S.C. 553(c), DOT solicits comments                  Timothy Short (PA)
                                                                                                          from the public to better inform its                  Uve J. Witsch (CA)
                                                                                                          rulemaking process. DOT posts these                     The drivers were included in docket
                                                                                                          comments, without edit, including any                 No. FMCSA–2007–29286. Their
                                                                                                          personal information the commenter                    exemptions are effective as of February


                                             VerDate Sep<11>2014   13:48 Apr 21, 2017   Jkt 241001   PO 00000   Frm 00063   Fmt 4703   Sfmt 4703   E:\FR\FM\24APN1.SGM   24APN1


                                                  18952                          Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices

                                                  1, 2017, and will expire on February 1,                 Kevin J. Fries (MT)                                   22, 2017, and will expire on February
                                                  2019.                                                   Fred Frisch (OH)                                      22, 2019.
                                                     As of February 4, 2017, and in                       Daniel D. Greenwell (NY)                                As of February 24, 2017, and in
                                                  accordance with 49 U.S.C. 31136(e) and                  George H. Hayes, Jr. (VA)                             accordance with 49 U.S.C. 31136(e) and
                                                  31315, the following 5 individuals have                 John H. Hilliges (NE)                                 31315, the following 48 individuals
                                                  satisfied the renewal conditions for                    Paris J. Howell (TN)                                  have satisfied the renewal conditions for
                                                  obtaining an exemption from the rule                    John H. Kingsley (VA)                                 obtaining an exemption from the rule
                                                  prohibiting drivers with ITDM from                      Gary J. Klostermann (IA)                              prohibiting drivers with ITDM from
                                                  driving CMVs in interstate commerce                     Jason C. Lang (VT)                                    driving CMVs in interstate commerce
                                                  (77 FR 78271; 78 FR 7855):                              Kevin J. Lavoie (OR)                                  (80 FR 3724; 80 FR 19732):
                                                  Kathy L. Brown (IN)                                     Robert H. McCann, III (MD)                            Bryan L. Anderson (WA)
                                                  John C. Evans (IL)                                      Chris C. Northway (WI)                                Travis K. Archer (ME)
                                                  Thomas J. Ferry (NJ)                                    John D. Owens (IN)                                    Michael R. Batham (CA)
                                                  Jeffrey C. Hanson (TX)                                  Jody A. Peckels (OR)                                  Victor M. Beltran-Araujo (UT)
                                                  Daniel V. Williamson (MN)                               James H. Pfeiffer, Jr. (IL)                           Charles A. Best (OH)
                                                                                                          Marc R. Pream (MN)                                    George E. Carle (CO)
                                                     The drivers were included in docket
                                                                                                          Travis W. Proctor (GA)                                Jamey S. Carney (IA)
                                                  No. FMCSA–2012–0349. Their
                                                                                                          Ann M. Reinke (WI)                                    Michael G. Cary (MN)
                                                  exemptions are effective as of February                 Vincent L. Rodriguez (NM)
                                                  4, 2017, and will expire on February 4,                                                                       John G. Castilaw (MS)
                                                                                                          Randy L. Schroeder (NY)
                                                  2019.                                                                                                         Adam C. Cochran (GA)
                                                                                                          Michael W. Sharp (TX)
                                                     As of February 6, 2017, and in                                                                             Michael R. Cummings (VA)
                                                                                                          Gary E. Stone (PA)
                                                  accordance with 49 U.S.C. 31136(e) and                                                                        David L. Dalheim (NY)
                                                                                                          Anthony A. Thomas (KY)
                                                  31315, the following 19 individuals                                                                           Brian Dick (MD)
                                                                                                          John R. Turcotte (ME)
                                                  have satisfied the renewal conditions for                                                                     Timothy B. Duelke (ID)
                                                                                                          Russell A. Williams (WI)
                                                  obtaining an exemption from the rule                                                                          Cory A. Duncan (OR)
                                                                                                             The drivers were included in docket                Terrance J. Dunne (NJ)
                                                  prohibiting drivers with ITDM from
                                                                                                          No. FMCSA–2008–0341. Their                            David L. Eklund (IL)
                                                  driving CMVs in interstate commerce
                                                                                                          exemptions are effective as of February               Yoshitsugu Endo (FL)
                                                  (71 FR 74986; 72 FR 5492):
                                                                                                          9, 2017, and will expire on February 9,               Barry K. Foster (TX)
                                                  Roy B. Carter (WV)                                      2019.
                                                  Bradley D. Case (IN)                                                                                          John A. Georg (IA)
                                                                                                             As of February 10, 2017, and in                    Francis J. Gernatt, Jr. (NY)
                                                  Thomas D. Dyke (KS)                                     accordance with 49 U.S.C. 31136(e) and
                                                  Anthony L. Gentry (CO)                                                                                        Mark A. Haines (WV)
                                                                                                          31315, the following 7 individuals have               Ivan G. Hanford (OR)
                                                  Michael T. Hartley (KY)                                 satisfied the renewal conditions for
                                                  David A. Heider (WI)                                                                                          James L. Harman III (VA)
                                                                                                          obtaining an exemption from the rule                  James R. Hoyle (TX)
                                                  John A. Helm (IL)                                       prohibiting drivers with ITDM from
                                                  John A. Herbert (NJ)                                                                                          John M. Ippolito (NY)
                                                                                                          driving CMVs in interstate commerce                   Allan L. Jameson (NE)
                                                  Lester H. Hughes (VA)
                                                                                                          (75 FR 80889; 76 FR 7625):                            Erik D. Kemmer (MN)
                                                  Christopher A. Knott (MN)
                                                  Jeffery C. Link (SC)                                    Charlie A. Barner (GA)                                Mark L. Knobel, Sr. (MD)
                                                  Joseph C. McMasters (IN)                                Christopher R. Everitt (OH)                           Joseph E. Knox, Sr. (MD)
                                                  Bradley S. Mowdy (CA)                                   Joseph A. Griffin (NY)                                Erik M. Lane (NY)
                                                  Ronald W. Nelson (MN)                                   Michael A. Holy (MI)                                  James D. Martin (IN)
                                                  Kent E. Pelkey (ME)                                     Victor M. Lewis (TN)                                  Galen H. Martin (PA)
                                                  Keith E. Petersen (ND)                                  William P. Miller, Jr. (KY)                           John M. McCabe (IL)
                                                  Allen W. Quon (MD)                                      David A. Wiltse (ND)                                  Kevin F. McGlade (PA)
                                                  Shawn P. Wathley (CT)                                      The drivers were included in docket                Brett J. Mellor (ID)
                                                  Christopher T. Worsley (MA)                             No. FMCSA–2010–0414. Their                            Kenneth M. Merritt (CA)
                                                     The drivers were included in docket                  exemptions are effective as of February               Charles E. Morgan (LA)
                                                  No. FMCSA–2006–26321. Their                             10, 2017, and will expire on February                 John E. Sautkulis (NY)
                                                  exemptions are effective as of February                 10, 2019.                                             Ronnie L. Schronce (NC)
                                                  6, 2017, and will expire on February 6,                    As of February 22, 2017, and in                    William F. Smith (DE)
                                                  2019.                                                   accordance with 49 U.S.C. 31136(e) and                Robin W. Swasey (UT)
                                                     As of February 9, 2017, and in                       31315, the following 7 individuals have               Michelle P. Thibeault (ME)
                                                  accordance with 49 U.S.C. 31136(e) and                  satisfied the renewal conditions for                  Michael L. Thrasher (AL)
                                                  31315, the following 33 individuals                     obtaining an exemption from the rule                  Steven R. Vance (TX)
                                                  have satisfied the renewal conditions for               prohibiting drivers with ITDM from                    William D. VanReese (MN)
                                                  obtaining an exemption from the rule                    driving CMVs in interstate commerce                   Ellis J. Vest, Jr. (WV)
                                                  prohibiting drivers with ITDM from                      (76 FR 1496; 76 FR 9867):                             Mark P. Zimmerman (NV)
                                                  driving CMVs in interstate commerce                     Neal S. Faulkner (VT)                                   The drivers were included in docket
                                                  (73 FR 75794; 74 FR 6451):                              Jason J. Hamilton (AZ)                                No. FMCSA–2014–0312. Their
                                                                                                          Steven J. Lefebvre (NY)                               exemptions are effective as of February
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                                                  Robert S. Althouse (PA)
                                                  James G. Arnoldussen, Sr. (WI)                          Mitchell J. Moore (CO)                                24, 2017, and will expire on February
                                                  Thomas S. Benson (NC)                                   James R. Parker (NJ)                                  24, 2019.
                                                  Dennis A. Boelens (IL)                                  Charles C. Quast (IL)                                   As of February 25, 2017, and in
                                                  Walter R. Braxton (VA)                                  James E. Steele (TN)                                  accordance with 49 U.S.C. 31136(e) and
                                                  Merle N. Cromwell (IL)                                     The drivers were included in docket                31315, the following 11 individuals
                                                  Trenn A. Davis (KS)                                     No. FMCSA–2010–0427. Their                            have satisfied the renewal conditions for
                                                  Stephen R. Ferrario (CA)                                exemptions are effective as of February               obtaining an exemption from the rule


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                                                                                 Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices                                           18953

                                                  prohibiting drivers with ITDM from                      DEPARTMENT OF TRANSPORTATION                          public comment period closed on April
                                                  driving CMVs in interstate commerce                                                                           6, 2017, and no comments were
                                                  (78 FR 1927; 78 FR 12819):                              Federal Motor Carrier Safety                          received.
                                                  Angel Bergendale (MA)                                   Administration                                           FMCSA has evaluated the eligibility
                                                  Sean P. Borsky (FL)                                     [FMCSA Docket No. FMCSA–2016–0385]                    of the 28 applicants and determined that
                                                                                                                                                                granting the exemptions to these
                                                  Uvena S. Brown (IN)
                                                                                                          Qualification of Drivers; Exemption                   individuals would achieve a level of
                                                  Spiro J. Jonovich (AZ)                                                                                        safety equivalent to or greater than the
                                                                                                          Applications; Diabetes Mellitus
                                                  Victor D. Mayberry (TN)                                                                                       level that would be achieved by
                                                  Barry C. McKay (CO)                                     AGENCY: Federal Motor Carrier Safety                  complying with the current regulation
                                                  Robert B. McKendry (IL)                                 Administration (FMCSA), DOT.                          49 CFR 391.41(b)(3).
                                                  William L. Phelps (IN)                                  ACTION: Notice of final disposition.
                                                                                                                                                                Diabetes Mellitus and Driving
                                                  Richard J. Rembisz (NY)                                 SUMMARY:   FMCSA announces its                        Experience of the Applicants
                                                  Richard L. Smith (GA)                                   decision to exempt 28 individuals from                   The Agency established the current
                                                  Gary J. Tricarico (CT)                                  its rule prohibiting persons with                     requirement for diabetes in 1970
                                                     The drivers were included in docket                  insulin-treated diabetes mellitus (ITDM)              because several risk studies indicated
                                                  No. FMCSA–2012–0351. Their                              from operating commercial motor                       that drivers with diabetes had a higher
                                                  exemptions are effective as of February                 vehicles (CMVs) in interstate commerce.               rate of crash involvement than the
                                                  25, 2017, and will expire on February                   The exemptions enable these                           general population. The diabetes rule
                                                  25, 2019.                                               individuals to operate CMVs in                        provides that ‘‘A person is physically
                                                     As of February 26, 2017, and in                      interstate commerce.                                  qualified to drive a commercial motor
                                                  accordance with 49 U.S.C. 31136(e) and                  DATES: The exemptions were effective                  vehicle if that person has no established
                                                  31315, the following 12 individuals                     on April 7, 2017. The exemptions expire               medical history or clinical diagnosis of
                                                  have satisfied the renewal conditions for               on April 7, 2019.                                     diabetes mellitus currently requiring
                                                  obtaining an exemption from the rule                    FOR FURTHER INFORMATION CONTACT: Ms.                  insulin for control’’ (49 CFR
                                                  prohibiting drivers with ITDM from                      Christine A. Hydock, Chief, Medical                   391.41(b)(3)).
                                                  driving CMVs in interstate commerce                     Programs Division, (202) 366–4001,                       FMCSA established its diabetes
                                                  (78 FR 1923; 78 FR 12821):                              fmcsamedical@dot.gov, FMCSA,                          exemption program, based on the
                                                  Shawn J. Ball (ID)                                      Department of Transportation, 1200                    Agency’s July 2000 study entitled ‘‘A
                                                                                                          New Jersey Avenue SE., Room W64–                      Report to Congress on the Feasibility of
                                                  Ira S. Chamberlin (ME)                                                                                        a Program to Qualify Individuals with
                                                                                                          113, Washington, DC 20590–0001.
                                                  James K. Dowden (MN)                                    Office hours are from 8:30 a.m. to 5 p.m.             Insulin-Treated Diabetes Mellitus to
                                                  Myron P. Egbert (UT)                                    e.t., Monday through Friday, except                   Operate in Interstate Commerce as
                                                  Michael T. Evans (OH)                                   Federal holidays.                                     Directed by the Transportation Act for
                                                  Stephen P. Honen (OH)                                   SUPPLEMENTARY INFORMATION:                            the 21st Century.’’ The report concluded
                                                  Charles E. Johnston (MS)                                                                                      that a safe and practicable protocol to
                                                                                                          I. Electronic Access                                  allow some drivers with ITDM to
                                                  Jack M. Sipich (IL)
                                                                                                             You may see all the comments online                operate CMVs is feasible. The
                                                  Roger N. Stauffer (MI)
                                                                                                          through the Federal Document                          September 3, 2003 (68 FR 52441),
                                                  Tyrone Taylor (NC)                                                                                            Federal Register notice in conjunction
                                                                                                          Management System (FDMS) at: http://
                                                  Michael E. Westley (FL)                                 www.regulations.gov.                                  with the November 8, 2005 (70 FR
                                                  Travis M. Whitt (CA)                                       Docket: For access to the docket to                67777), Federal Register notice provides
                                                     The drivers were included in docket                  read background documents or                          the current protocol for allowing such
                                                  No. FMCSA–2012–0350. Their                              comments, go to http://                               drivers to operate CMVs in interstate
                                                  exemptions are effective as of February                 www.regulations.gov and/or Room                       commerce.
                                                  26, 2017, and will expire on February                   W12–140 on the ground level of the                       These 28 applicants have had ITDM
                                                  26, 2019.                                               West Building, 1200 New Jersey Avenue                 over a range of 1 to 22 years. These
                                                     In accordance with 49 U.S.C. 31315,                  SE., Washington, DC, between 9 a.m.                   applicants report no severe
                                                  each exemption will be valid for two                    and 5 p.m., e.t., Monday through Friday,              hypoglycemic reactions resulting in loss
                                                  years from the effective date unless                    except Federal holidays.                              of consciousness or seizure, requiring
                                                  revoked earlier by FMCSA. The                              Privacy Act: In accordance with 5                  the assistance of another person, or
                                                  exemption will be revoked if the                        U.S.C. 553(c), DOT solicits comments                  resulting in impaired cognitive function
                                                  following occurs: (1) The person fails to               from the public to better inform its                  that occurred without warning
                                                  comply with the terms and conditions                    rulemaking process. DOT posts these                   symptoms, in the past 12 months and no
                                                  of the exemption; (2) the exemption has                 comments, without edit, including any                 recurrent (2 or more) severe
                                                  resulted in a lower level of safety than                personal information the commenter                    hypoglycemic episodes in the past 5
                                                  was maintained prior to being granted;                  provides, to www.regulations.gov, as                  years. In each case, an endocrinologist
                                                  or (3) continuation of the exemption                    described in the system of records                    verified that the driver has
                                                  would not be consistent with the goals                  notice (DOT/ALL–14 FDMS), which can                   demonstrated a willingness to properly
                                                                                                                                                                monitor and manage his/her diabetes
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                                                  and objectives of 49 U.S.C. 31136 and                   be reviewed at www.dot.gov/privacy.
                                                  31315.                                                                                                        mellitus, received education related to
                                                                                                          II. Background                                        diabetes management, and is on a stable
                                                    Issued on: April 17, 2017.                               On March 7, 2017, FMCSA published                  insulin regimen. These drivers report no
                                                  Larry W. Minor,                                         a notice of receipt of Federal diabetes               other disqualifying conditions,
                                                  Associate Administrator for Policy.                     exemption applications from 28                        including diabetes-related
                                                  [FR Doc. 2017–08196 Filed 4–21–17; 8:45 am]             individuals and requested comments                    complications. Each meets the vision
                                                  BILLING CODE 4910–EX–P                                  from the public (82 FR 12881). The                    requirement at 49 CFR 391.41(b)(10).


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Document Created: 2017-04-22 00:11:39
Document Modified: 2017-04-22 00:11:39
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 final disposition.
DatesEach group of renewed exemptions was effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below.
ContactMs. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation82 FR 18951 

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