82_FR_19515 82 FR 19435 - Qualification of Drivers; Exemption Applications; Diabetes

82 FR 19435 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 80 (April 27, 2017)

Page Range19435-19438
FR Document2017-08498

FMCSA announces its decision to renew the exemptions of 135 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 80 (Thursday, April 27, 2017) 
[Federal Register Volume 82, Number 80 (Thursday, April 27, 2017)]
[Notices]
[Pages 19435-19438]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08498]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-22177; FMCSA-2005-22905; FMCSA-2006-26600; 
FMCSA-2008-0009; FMCSA-2008-0399; FMCSA-2009-0055; FMCSA-2011-0011; 
FMCSA-2011-0025; FMCSA-2013-0011; FMCSA-2013-0013; FMCSA-2014-0314]


Qualification of Drivers; Exemption Applications; Diabetes

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

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

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SUMMARY: FMCSA announces its decision to renew the exemptions of 135 
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 30, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. FMCSA-2005-22177; FMCSA-
2005-22905; FMCSA-2006-26600; FMCSA-2008-0009; FMCSA-2008-0399; FMCSA-
2009-0055; FMCSA-2011-0011; FMCSA-2011-0025; FMCSA-2013-0011; FMCSA-
2013-0013; FMCSA-2014-0314 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 135 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 135 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. These 135 drivers 
remain in good standing with the Agency, have maintained their required 
medical monitoring and have not exhibited any medical issues that would 
compromise

[[Page 19436]]

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 April and are 
discussed below.
    As of April 2, 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 7852; 79 FR 
19798):

Isaias Gomez (IN)
Brandon E. Hamlett (NV)
Douglas F. Keller (MI)
Mark R. Loesel (WI)
Jason E. McAnnally (AL)
Samuel L. Sergio (MA)
Paul M. Shierk (OR)
David W. West (MO)
Eugene R. Zollner II (OH)

    The drivers were included in Docket No. FMCSA-2013-0011. Their 
exemptions are effective as of April 2, 2017, and will expire on April 
2, 2019.
    As of April 5, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, James R. Moretz, Jr. (PA) has satisfied the renewal conditions 
for obtaining an exemption from the rule prohibiting drivers with ITDM 
from driving CMVs in interstate commerce (70 FR 60875; 71 FR 17159).
    This driver was included in docket No. FMCSA-2005-22177. The 
exemption is effective as of April 5, 2017, and will expire on April 5, 
2019.
    As of April 6, 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 prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (74 FR 7093; 74 FR 
15577):

Daniel J. Conner (PA)
Luis G. Garcia (FL)
Joey M. Godinho (CA)
Gerardo Gonzalez (WI)
Edwin L. Haynie (TX)
Darryl D. Hewitt (CA)
Mark D. Hoag (WA)
Patrick H. Junkins (SC)
Jeffrey D. Moul (SD)
Frank B. Rivett (NY)
Michael L. Wise (IN)

    The drivers were included in docket No. FMCSA-2008-0399. Their 
exemptions are effective as of April 6, 2017, and will expire on April 
6, 2019.
    As of April 7, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 3 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (70 FR 75236; 71 FR 
17943):

Roy G. Hill (KY)
Anthony D. Izzi (RI)
Kenneth L. Pogue (MO)

    The drivers were included in docket No. FMCSA-2005-22905. Their 
exemptions are effective as of April 7, 2017, and will expire on April 
7, 2019.
    As of April 18, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 27 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 14232; 80 FR 
26986):

Scott A. Anderson (MN)
Peter A. Breister (WI)
Donald J. Carino (IL)
Marc B. Curtis (NV)
Aaron M. Dixon (SD)
Bradley O. Gibson (TX)
Theodore F. Griffith (MA)
Lawrence E. Handel (OR)
Danny P. Hersh (NE)
Bryan W. Hughes-Gariepy (NY)
James L. Johnson (GA)
Thomas Landis (IL)
Grant L. Lupold (PA)
Nathan R. McGathey (IN)
Mark A. Mesnard (OH)
Gene K. Milburn (ID)
Andrew M. Oliver (MI)
Richard L. Peak (KS)
Anthony P. Reith (PA)
Steven Smith (FL)
Robert L. Snyder (MA)
John H. Spierings (WI)
Robert E. Stokes (WA)
Corey R. Sturm (IN)
Christopher W. Williams (ID)
Robert L. Witt (VT)
Paul G. Wright (CO)

    The drivers were included in docket No. FMCSA-2014-0314. Their 
exemptions are effective as of April 18, 2017, and will expire on April 
18, 2019.
    As of April 22, 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 (74 FR 9467; 74 FR 
18436):

Scott D. Baroch (MT)
Michael G. Chisum (NM)
Timothy N. Davenport (TN)
Henry S. Glover (TX)
James R. Halliday (NY)
Nathan M. Hennix (ND)
Wilbert E. Isadore (TX)
Eddie J. Nosser (MO)
Joseph C. Perrin III (MN)
Ronald A. Stachura (WI)

    The drivers were included in docket No. FMCSA-2009-0055. Their 
exemptions are effective as of April 22, 2017, and will expire on April 
22, 2019.
    As of April 24, 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 (78 FR 14406; 78 FR 
24303):

Christopher R. Anderson (MN)
Brent T. Applebury (MO)
Jospeh A. Auchterlonie (NH)
Brett D. Bertagnolli (IN)
Brian T. Bofenkamp (WA)
Scott A. Carlson (PA)
John Fityere (NJ)
Ronald A. Heaps (OH)
Martin A. Houts (IA)
Michael T. Kraft (MN)
Kris W. Lindsay (KS)
Edward M. Luczynski (NJ)
John E. Ruth (IL)
Greggory A. Smith (MO)
James M. Torkildson (WI)
Terry R. Washa (NE)
Alfred J. Williams (VA)
Scott B. Wood (ND)
James L. Zore (IN)


[[Page 19437]]


    The drivers were included in docket No. FMCSA-2013-0013. Their 
exemptions are effective as of April 24, 2017, and will expire on April 
24, 2019.
    As of April 25, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 36 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 11982; 73 FR 
22456; 76 FR 9854; 76 FR 9862; 76 FR 22940; 76 FR 22941):

Ryan N. Adams (CA)
Kevin J. Agler (IN)
Michael B. Bessinger (UT)
Douglas D. Brown (WI)
Warren S. Brown (GA)
Roger R. Cabana (ME)
Steven W. Ceckiewicz (WI)
Joseph F. Colbert (PA)
Daniel E. Coufal (NE)
Gregory M. Cox (NY)
Dennis J. Dallmann (MN)
Bruce R. Davis (NJ)
Michael B. Elzey (WY)
Earl S. Fibish (CA)
Todd W. Gillespie (NY)
Omar S. Griffin, Jr. (MN)
Richard E. Grunden (ND)
Mark Hall (NJ)
Michael B. Heuett (ID)
Dennis P. Hohnerlein (GA)
Todd A. Kozemchak (PA)
Chad M. Kunkel (MN)
Paul F. Lanich (PA)
Kenneth L. Lefeld (OH)
Daryl G. Lewis (TX)
Jeffrey S. Lomber (MI)
Joseph G. McDonald (MD)
Alan J. Mitchell (DE)
Raymond P. Mora, Sr. (AZ)
James L. Mynars (MN)
John R. Pile (IN)
Dale A. Roberts (IA)
Richard S. Synakowski (NY)
Bruce K. Thomas (NY)
Kory M. Tobias (IL)
Kevin J. Van Horn (MI)

    The drivers were included in one of the following docket Nos: 
FMCSA-2008-0009; FMCSA-2011-0011; FMCSA-2011-0025. Their exemptions are 
effective as of April 25, 2017, and will expire on April 25, 2019.
    As of April 28, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, Spencer J. Olson (ID) has satisfied the renewal conditions for 
obtaining an exemption from the rule prohibiting drivers with ITDM from 
driving CMVs in interstate commerce (80 FR 14232; 80 FR 26986).
    This driver was included in docket No. FMCSA-2014-0314. The 
exemption is effective as of April 28, 2017, and will expire on April 
28, 2019.
    As of April 30, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 18 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 9399; 72 FR 
21316):

Daniel W. Bezdek (OH)
Jason L. Freeseman (IA)
Rusty W. Frost (NM)
Andrew J. Hayek (WI)
Gary L. Koehn (NE)
Edward T. Megee (CA)
Steven T. Moody (AL)
Timothy W. Nelson (MN)
Richard W. Newman (NY)
Jamison P. Noel (IA)
Rex S. Norquist (KS)
Steven B. Novak (CA)
Russell D. Rockefeller (NY)
Scott W. Sheerer (OH)
Richard L. Strange (IA)
Samuel G. Thiel (ND)
Robert J. Varetoni (NJ)
Michael R. Vaupel (KS)

    The drivers were included in docket No. FMCSA-2006-26600. Their 
exemptions are effective as of April 30, 2017, and will expire on April 
30, 2019.
    Each of the 135 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 
135 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-2005-22177; FMCSA-2005-22905; FMCSA-
2006-26600; FMCSA-2008-0009; FMCSA-2008-0399; FMCSA-2009-0055; FMCSA-
2011-0011; FMCSA-2011-0025; FMCSA-2013-0011; FMCSA-2013-0013; FMCSA-
2014-0314.

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 30, 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 135 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-2005-22177; FMCSA-
2005-22905; FMCSA-2006-26600; FMCSA-2008-0009; FMCSA-2008-0399; FMCSA-
2009-0055; FMCSA-2011-0011; FMCSA-2011-0025; FMCSA-2013-0011; FMCSA-
2013-0013; FMCSA-2014-0314 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

[[Page 19438]]

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-2005-22177; FMCSA-2005-22905; FMCSA-2006-26600; 
FMCSA-2008-0009; FMCSA-2008-0399; FMCSA-2009-0055; FMCSA-2011-0011; 
FMCSA-2011-0025; FMCSA-2013-0011; FMCSA-2013-0013; FMCSA-2014-0314 and 
click ``Search.'' Next, click ``Open Docket Folder'' and you will find 
all documents and comments related to this notice.

    Dated: April 19, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-08498 Filed 4-26-17; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 80 / Thursday, April 27, 2017 / Notices 19435 Jeffrey D. Griffin (NC) ACTION:Notice of renewal of Friday, except Federal holidays. The Daryll A. Grinkey (IL) exemptions; request for comments. Federal Docket Management System Daniel J. Irving (MD) (FDMS) is available 24 hours each day, Charles B. Jesness (CO) SUMMARY: FMCSA announces its 365 days each year. If you want Derrick Johnson (IL) decision to renew the exemptions of 135 acknowledgment that we received your Robert F. King (NY) individuals from its rule prohibiting comments, please include a self- Henry D. Lyons (CT) persons with insulin-treated diabetes addressed, stamped envelope or Owen L. MacDonald (KS) mellitus (ITDM) from operating postcard or print the acknowledgement Edwin Martinez, Jr. (DE) commercial motor vehicles (CMVs) in page that appears after submitting Joseph Murray (KS) interstate commerce. FMCSA has Bryan J. Orcutt (ID) comments on-line. statutory authority to exempt Privacy Act: Anyone may search the Jesus H. Oseguera (ID) individuals from this rule if the Eugenio J. Pereira (NJ) electronic form of all comments exemptions granted will not Brian R. Repp (WI) received into any of our dockets by the compromise safety. The Agency has Michael W. Robinson (MD) name of the individual submitting the concluded that granting these Reynaldo Roman (NY) comment (or of the person signing the exemption renewals will provide a level David A. Rosen (PA) comment, if submitted on behalf of an of safety that is equivalent to or greater Joseph C. Schulte (OH) association, business, labor union, etc.). than the level of safety maintained Byron L. Short (CO) You may review DOT’s Privacy Act without the exemptions for these CMV George W. Sparrow (RI) Statement for the Federal Docket Gabriel S. Stevens (CT) drivers. Management System (FDMS) published Stanford A. Tilghman (PA) DATES: Each group of renewed in the Federal Register on January 17, Joshua F. Tolman (UT) exemptions are effective from the dates 2008 (73 FR 3316). Thomas W. Truitt (WY) stated in the discussions below. Comments must be received on or FOR FURTHER INFORMATION CONTACT: Ms. Joseph G. Volz (WI) David B. Watson (FL) before May 30, 2017. Christine A. Hydock, Chief, Medical Curtis D. Weinman (WA) Programs Division, 202–366–4001, ADDRESSES: You may submit comments Charlie A. Williams (NC) fmcsamedical@dot.gov, FMCSA, bearing the Federal Docket Management Timothy J. Williamson (GA) Department of Transportation, 1200 System (FDMS) numbers: Docket No. Mark E. Wisecarver (PA) New Jersey Avenue, SE., Room W64– FMCSA–2005–22177; FMCSA–2005– In accordance with 49 U.S.C. 31136(e) 113, Washington, DC 20590–0001. 22905; FMCSA–2006–26600; FMCSA– and 31315 each exemption is valid for Office hours are from 8 a.m. to 5:30 2008–0009; FMCSA–2008–0399; two years unless revoked earlier by p.m., e.t., Monday through Friday, FMCSA–2009–0055; FMCSA–2011– FMCSA. The exemption will be revoked except Federal holidays. 0011; FMCSA–2011–0025; FMCSA– if the following occurs: (1) The person 2013–0011; FMCSA–2013–0013; SUPPLEMENTARY INFORMATION: fails to comply with the terms and FMCSA–2014–0314 using any of the I. Background conditions of the exemption; (2) the following methods: exemption has resulted in a lower level • Federal eRulemaking Portal: Go to Under 49 U.S.C. 31136(e) and 31315, of safety than was maintained before it http://www.regulations.gov. Follow the FMCSA may renew an exemption from was granted; or (3) continuation of the on-line instructions for submitting the Federal Motor Carrier Safety exemption would not be consistent with comments. Regulations 2-year period if it finds the goals and objectives of 49 U.S.C. • Mail: Docket Management Facility; ‘‘such exemption would likely achieve a 31136(e) and 31315. If the exemption is U.S. Department of Transportation, 1200 level of safety that is equivalent to or still effective at the end of the 2-year New Jersey Avenue SE., West Building greater than the level that would be period, the person may apply to FMCSA Ground Floor, Room W12–140, achieved absent such exemption.’’ The for a renewal under procedures in effect Washington, DC 20590–0001. statute also allows the Agency to renew at that time. • Hand Delivery or Courier: West exemptions at the end of the 2-year Building Ground Floor, Room W12–140, period. The 135 individuals listed in Issued on: April 19, 2017. 1200 New Jersey Avenue SE., this notice have recently become Larry W. Minor, eligible for a renewed exemption from Washington, DC, between 9 a.m. and 5 Associate Administrator for Policy. p.m., e.t., Monday through Friday, the diabetes prohibition in 49 CFR [FR Doc. 2017–08497 Filed 4–26–17; 8:45 am] except Federal Holidays. 391.41(b)(3), which applies to drivers of BILLING CODE 4910–EX–P • Fax: 1–202–493–2251. CMVs in interstate commerce. The Instructions: Each submission must drivers remain in good standing with include the Agency name and the the Agency, have maintained their DEPARTMENT OF TRANSPORTATION docket number for this notice. Note that required medical monitoring and have DOT posts all comments received not exhibited any medical issues that Federal Motor Carrier Safety without change to http:// would compromise their ability to safely Administration www.regulations.gov, including any operate a CMV during the previous 2- [Docket No. FMCSA–2005–22177; FMCSA– personal information included in a year exemption period. 2005–22905; FMCSA–2006–26600; FMCSA– comment. Please see the Privacy Act 2008–0009; FMCSA–2008–0399; FMCSA– II. Exemption Decision heading below. 2009–0055; FMCSA–2011–0011; FMCSA– Docket: For access to the docket to This notice addresses 135 individuals mstockstill on DSK30JT082PROD with NOTICES 2011–0025; FMCSA–2013–0011; FMCSA– read background documents or who have requested renewal of their 2013–0013; FMCSA–2014–0314] comments, go to http:// exemptions in accordance with FMCSA www.regulations.gov at any time or procedures. These 135 drivers remain in Qualification of Drivers; Exemption Room W12–140 on the ground level of good standing with the Agency, have Applications; Diabetes the West Building, 1200 New Jersey maintained their required medical AGENCY:Federal Motor Carrier Safety Avenue SE., Washington, DC, between 9 monitoring and have not exhibited any Administration (FMCSA), DOT. a.m. and 5 p.m., e.t., Monday through medical issues that would compromise VerDate Sep<11>2014 17:07 Apr 26, 2017 Jkt 241001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1

19436 Federal Register / Vol. 82, No. 80 / Thursday, April 27, 2017 / Notices their ability to safely operate a CMV James R. Moretz, Jr. (PA) has satisfied Grant L. Lupold (PA) during the previous 2-year exemption the renewal conditions for obtaining an Nathan R. McGathey (IN) period. Therefore, FMCSA has decided exemption from the rule prohibiting Mark A. Mesnard (OH) to extend each exemption for a drivers with ITDM from driving CMVs Gene K. Milburn (ID) renewable two-year period. Each in interstate commerce (70 FR 60875; 71 Andrew M. Oliver (MI) individual is identified according to the FR 17159). Richard L. Peak (KS) renewal date. This driver was included in docket Anthony P. Reith (PA) The exemptions are renewed subject No. FMCSA–2005–22177. The Steven Smith (FL) to the following conditions: (1) That exemption is effective as of April 5, Robert L. Snyder (MA) each individual submit a quarterly 2017, and will expire on April 5, 2019. John H. Spierings (WI) monitoring checklist completed by the As of April 6, 2017, and in accordance Robert E. Stokes (WA) treating endocrinologist as well as an with 49 U.S.C. 31136(e) and 31315, the Corey R. Sturm (IN) annual checklist with a comprehensive following 11 individuals have satisfied Christopher W. Williams (ID) medical evaluation; (2) that each the renewal conditions for obtaining an Robert L. Witt (VT) individual reports within 2 business exemption from the rule prohibiting Paul G. Wright (CO) days of occurrence, all episodes of drivers with ITDM from driving CMVs The drivers were included in docket severe hypoglycemia, significant in interstate commerce (74 FR 7093; 74 No. FMCSA–2014–0314. Their complications, or inability to manage FR 15577): exemptions are effective as of April 18, diabetes; also, any involvement in an Daniel J. Conner (PA) 2017, and will expire on April 18, 2019. accident or any other adverse event in Luis G. Garcia (FL) As of April 22, 2017, and in a CMV or personal vehicle, whether or Joey M. Godinho (CA) accordance with 49 U.S.C. 31136(e) and not it is related to an episode of Gerardo Gonzalez (WI) 31315, the following 10 individuals hypoglycemia; (3) that each individual Edwin L. Haynie (TX) have satisfied the renewal conditions for submit an annual ophthalmologist’s or Darryl D. Hewitt (CA) obtaining an exemption from the rule optometrist’s report; and (4) that each Mark D. Hoag (WA) prohibiting drivers with ITDM from individual provide a copy of the annual Patrick H. Junkins (SC) driving CMVs in interstate commerce medical certification to the employer for Jeffrey D. Moul (SD) (74 FR 9467; 74 FR 18436): retention in the driver’s qualification Frank B. Rivett (NY) Scott D. Baroch (MT) file, or keep a copy in his/her driver’s Michael L. Wise (IN) Michael G. Chisum (NM) qualification file if he/she is self- The drivers were included in docket Timothy N. Davenport (TN) employed. The driver must also have a No. FMCSA–2008–0399. Their Henry S. Glover (TX) copy of the certification when driving, exemptions are effective as of April 6, James R. Halliday (NY) for presentation to a duly authorized 2017, and will expire on April 6, 2019. Nathan M. Hennix (ND) Federal, State, or local enforcement As of April 7, 2017, and in accordance Wilbert E. Isadore (TX) official. with 49 U.S.C. 31136(e) and 31315, the Eddie J. Nosser (MO) following 3 individuals have satisfied Joseph C. Perrin III (MN) III. Basis for Renewing Exemptions the renewal conditions for obtaining an Ronald A. Stachura (WI) Under 49 U.S.C. 31315(b)(1), an exemption from the rule prohibiting The drivers were included in docket exemption may be granted for no longer drivers with ITDM from driving CMVs No. FMCSA–2009–0055. Their than two years from its approval date in interstate commerce (70 FR 75236; 71 exemptions are effective as of April 22, and may be renewed upon application FR 17943): 2017, and will expire on April 22, 2019. for additional two year periods. The Roy G. Hill (KY) As of April 24, 2017, and in following groups of drivers received Anthony D. Izzi (RI) accordance with 49 U.S.C. 31136(e) and renewed exemptions in the month of Kenneth L. Pogue (MO) 31315, the following 19 individuals April and are discussed below. The drivers were included in docket have satisfied the renewal conditions for As of April 2, 2017, and in accordance No. FMCSA–2005–22905. Their obtaining an exemption from the rule with 49 U.S.C. 31136(e) and 31315, the exemptions are effective as of April 7, prohibiting drivers with ITDM from following 9 individuals have satisfied 2017, and will expire on April 7, 2019. driving CMVs in interstate commerce the renewal conditions for obtaining an As of April 18, 2017, and in (78 FR 14406; 78 FR 24303): exemption from the rule prohibiting accordance with 49 U.S.C. 31136(e) and Christopher R. Anderson (MN) drivers with ITDM from driving CMVs 31315, the following 27 individuals Brent T. Applebury (MO) in interstate commerce (78 FR 7852; 79 have satisfied the renewal conditions for Jospeh A. Auchterlonie (NH) FR 19798): obtaining an exemption from the rule Brett D. Bertagnolli (IN) Isaias Gomez (IN) prohibiting drivers with ITDM from Brian T. Bofenkamp (WA) Brandon E. Hamlett (NV) driving CMVs in interstate commerce Scott A. Carlson (PA) Douglas F. Keller (MI) (80 FR 14232; 80 FR 26986): John Fityere (NJ) Mark R. Loesel (WI) Scott A. Anderson (MN) Ronald A. Heaps (OH) Jason E. McAnnally (AL) Peter A. Breister (WI) Martin A. Houts (IA) Samuel L. Sergio (MA) Donald J. Carino (IL) Michael T. Kraft (MN) Paul M. Shierk (OR) Marc B. Curtis (NV) Kris W. Lindsay (KS) David W. West (MO) Aaron M. Dixon (SD) Edward M. Luczynski (NJ) mstockstill on DSK30JT082PROD with NOTICES Eugene R. Zollner II (OH) Bradley O. Gibson (TX) John E. Ruth (IL) The drivers were included in Docket Theodore F. Griffith (MA) Greggory A. Smith (MO) No. FMCSA–2013–0011. Their Lawrence E. Handel (OR) James M. Torkildson (WI) exemptions are effective as of April 2, Danny P. Hersh (NE) Terry R. Washa (NE) 2017, and will expire on April 2, 2019. Bryan W. Hughes-Gariepy (NY) Alfred J. Williams (VA) As of April 5, 2017, and in accordance James L. Johnson (GA) Scott B. Wood (ND) with 49 U.S.C. 31136(e) and 31315, Thomas Landis (IL) James L. Zore (IN) VerDate Sep<11>2014 17:07 Apr 26, 2017 Jkt 241001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1

Federal Register / Vol. 82, No. 80 / Thursday, April 27, 2017 / Notices 19437 The drivers were included in docket 31315, the following 18 individuals exemption under 49 U.S.C. 31136(e) and No. FMCSA–2013–0013. Their have satisfied the renewal conditions for 31315 can be satisfied by initially exemptions are effective as of April 24, obtaining an exemption from the rule granting the renewal and then 2017, and will expire on April 24, 2019. prohibiting drivers with ITDM from requesting and evaluating, if needed, As of April 25, 2017, and in driving CMVs in interstate commerce subsequent comments submitted by accordance with 49 U.S.C. 31136(e) and (72 FR 9399; 72 FR 21316): interested parties. As indicated above, 31315, the following 36 individuals Daniel W. Bezdek (OH) the Agency previously published have satisfied the renewal conditions for Jason L. Freeseman (IA) notices of final disposition announcing obtaining an exemption from the rule Rusty W. Frost (NM) its decision to exempt these 135 prohibiting drivers with ITDM from Andrew J. Hayek (WI) individuals from rule prohibiting driving CMVs in interstate commerce Gary L. Koehn (NE) persons with ITDM from operating (73 FR 11982; 73 FR 22456; 76 FR 9854; Edward T. Megee (CA) CMVs in interstate commerce in 49 CFR 76 FR 9862; 76 FR 22940; 76 FR 22941): Steven T. Moody (AL) 391.41(b)(3). The final decision to grant Ryan N. Adams (CA) Timothy W. Nelson (MN) an exemption to each of these Kevin J. Agler (IN) Richard W. Newman (NY) individuals was made on the merits of Michael B. Bessinger (UT) Jamison P. Noel (IA) each case and made only after careful Douglas D. Brown (WI) Rex S. Norquist (KS) consideration of the comments received Warren S. Brown (GA) Steven B. Novak (CA) to its notices of applications. The Roger R. Cabana (ME) Russell D. Rockefeller (NY) notices of applications stated in detail Scott W. Sheerer (OH) the medical condition of each applicant Steven W. Ceckiewicz (WI) Richard L. Strange (IA) for an exemption from rule prohibiting Joseph F. Colbert (PA) Samuel G. Thiel (ND) persons with ITDM from operating Daniel E. Coufal (NE) Robert J. Varetoni (NJ) CMVs in interstate commerce. That Gregory M. Cox (NY) Michael R. Vaupel (KS) Dennis J. Dallmann (MN) information is available by consulting Bruce R. Davis (NJ) The drivers were included in docket the above cited Federal Register Michael B. Elzey (WY) No. FMCSA–2006–26600. Their publications. Earl S. Fibish (CA) exemptions are effective as of April 30, Interested parties or organizations Todd W. Gillespie (NY) 2017, and will expire on April 30, 2019. possessing information that would Omar S. Griffin, Jr. (MN) Each of the 135 drivers in the otherwise show that any, or all, of these Richard E. Grunden (ND) aforementioned groups qualifies for a drivers are not currently achieving the Mark Hall (NJ) renewal of the exemption. They have statutory level of safety should Michael B. Heuett (ID) maintained their required medical immediately notify FMCSA. The Dennis P. Hohnerlein (GA) monitoring and have not exhibited any Agency will evaluate any adverse Todd A. Kozemchak (PA) medical issues that would compromise evidence submitted and, if safety is Chad M. Kunkel (MN) their ability to safely operate a CMV being compromised or if continuation of Paul F. Lanich (PA) during the previous 2-year exemption the exemption would not be consistent Kenneth L. Lefeld (OH) period. with the goals and objectives of 49 Daryl G. Lewis (TX) These factors provide an adequate U.S.C. 31136(e) and 31315, FMCSA will Jeffrey S. Lomber (MI) basis for predicting each driver’s ability take immediate steps to revoke the Joseph G. McDonald (MD) to continue to drive safely in interstate exemption of a driver. Alan J. Mitchell (DE) commerce. Therefore, FMCSA Raymond P. Mora, Sr. (AZ) concludes that extending the exemption V. Submitting Comments James L. Mynars (MN) for each of the 135 drivers for a period You may submit your comments and John R. Pile (IN) of two years is likely to achieve a level material online or by fax, mail, or hand Dale A. Roberts (IA) of safety equal to that existing without delivery, but please use only one of Richard S. Synakowski (NY) the exemption. The drivers were these means. FMCSA recommends that Bruce K. Thomas (NY) included in docket numbers FMCSA– you include your name and a mailing Kory M. Tobias (IL) 2005–22177; FMCSA–2005–22905; address, an email address, or a phone Kevin J. Van Horn (MI) FMCSA–2006–26600; FMCSA–2008– number in the body of your document The drivers were included in one of 0009; FMCSA–2008–0399; FMCSA– so that FMCSA can contact you if there the following docket Nos: FMCSA– 2009–0055; FMCSA–2011–0011; are questions regarding your 2008–0009; FMCSA–2011–0011; FMCSA–2011–0025; FMCSA–2013– submission. FMCSA–2011–0025. Their exemptions 0011; FMCSA–2013–0013; FMCSA– To submit your comment online, go to are effective as of April 25, 2017, and 2014–0314. http://www.regulations.gov and in the will expire on April 25, 2019. search box insert the docket numbers As of April 28, 2017, and in IV. Request for Comments FMCSA–2005–22177; FMCSA–2005– accordance with 49 U.S.C. 31136(e) and FMCSA will review comments 22905; FMCSA–2006–26600; FMCSA– 31315, Spencer J. Olson (ID) has received at any time concerning a 2008–0009; FMCSA–2008–0399; satisfied the renewal conditions for particular driver’s safety record and FMCSA–2009–0055; FMCSA–2011– obtaining an exemption from the rule determine if the continuation of the 0011; FMCSA–2011–0025; FMCSA– prohibiting drivers with ITDM from exemption is consistent with the 2013–0011; FMCSA–2013–0013; driving CMVs in interstate commerce requirements at 49 U.S.C. 31136(e) and FMCSA–2014–0314 and click the search mstockstill on DSK30JT082PROD with NOTICES (80 FR 14232; 80 FR 26986). 31315. However, FMCSA requests that button. When the new screen appears, This driver was included in docket interested parties with specific data click on the blue ‘‘Comment Now!’’ No. FMCSA–2014–0314. The exemption concerning the safety records of these button on the right hand side of the is effective as of April 28, 2017, and will drivers submit comments by May 30, page. On the new page, enter expire on April 28, 2019. 2017. information required including the As of April 30, 2017, and in FMCSA believes that the specific section of this document to accordance with 49 U.S.C. 31136(e) and requirements for a renewal of an which each comment applies, and VerDate Sep<11>2014 17:07 Apr 26, 2017 Jkt 241001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1

19438 Federal Register / Vol. 82, No. 80 / Thursday, April 27, 2017 / Notices provide a reason for each suggestion or 2017–0031 using any of the following I. Background recommendation. If you submit your methods: Under 49 U.S.C. 31136(e) and 31315, comments by mail or hand delivery, • Federal eRulemaking Portal: Go to FMCSA may grant an exemption from submit them in an unbound format, no http://www.regulations.gov. Follow the the Federal Motor Carrier Safety larger than 81⁄2 by 11 inches, suitable for online instructions for submitting Regulations for a 2-year period if it finds copying and electronic filing. If you comments. ‘‘such exemption would likely achieve a submit comments by mail and would • Mail: Docket Management Facility; level of safety that is equivalent to or like to know that they reached the U.S. Department of Transportation, 1200 greater than the level that would be facility, please enclose a stamped, self- New Jersey Avenue SE., West Building achieved absent such exemption.’’ The addressed postcard or envelope. Ground Floor, Room W12–140, statute also allows the Agency to renew We will consider all comments and exemptions at the end of the 2-year Washington, DC 20590–0001. material received during the comment period. The 50 individuals listed in this period. FMCSA may issue a final • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 notice have recently requested such an determination at any time after the close exemption from the diabetes prohibition of the comment period. New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., in 49 CFR 391.41(b) (3), which applies VI. Viewing Comments and Documents Monday through Friday, except Federal to drivers of CMVs in interstate holidays. commerce. Accordingly, the Agency To view comments, as well as any will evaluate the qualifications of each documents mentioned in this preamble, • Fax: 1–202–493–2251. applicant to determine whether granting go to http://www.regulations.gov and in Instructions: Each submission must the exemption will achieve the required the search box insert the docket number include the Agency name and the level of safety mandated by statute. FMCSA–2005–22177; FMCSA–2005– docket numbers for this notice. Note 22905; FMCSA–2006–26600; FMCSA– that all comments received will be II. Qualifications of Applicants 2008–0009; FMCSA–2008–0399; posted without change to http:// Gerald G. Blacklock FMCSA–2009–0055; FMCSA–2011– www.regulations.gov, including any 0011; FMCSA–2011–0025; FMCSA– Mr. Blacklock, 65, has had ITDM personal information provided. Please since 2016. His endocrinologist 2013–0011; FMCSA–2013–0013; see the Privacy Act heading below for FMCSA–2014–0314 and click ‘‘Search.’’ examined him in 2017 and certified that further information. he has had no severe hypoglycemic Next, click ‘‘Open Docket Folder’’ and Docket: For access to the docket to you will find all documents and reactions resulting in loss of read background documents or consciousness, requiring the assistance comments related to this notice. comments, go to http:// of another person, or resulting in Dated: April 19, 2017. www.regulations.gov at any time or impaired cognitive function that Larry W. Minor, Room W12–140 on the ground level of occurred without warning in the past 12 Associate Administrator for Policy. the West Building, 1200 New Jersey months and no recurrent (2 or more) [FR Doc. 2017–08498 Filed 4–26–17; 8:45 am] Avenue SE., Washington, DC, between 9 severe hypoglycemic episodes in the BILLING CODE 4910–EX–P a.m. and 5 p.m., e.t., Monday through last 5 years. His endocrinologist certifies Friday, except Federal holidays. The that Mr. Blacklock understands diabetes Federal Docket Management System management and monitoring, has stable DEPARTMENT OF TRANSPORTATION (FDMS) is available 24 hours each day, control of his diabetes using insulin, 365 days each year. If you want and is able to drive a CMV safely. Mr. Federal Motor Carrier Safety acknowledgment that we received your Blacklock meets the requirements of the Administration comments, please include a self- vision standard at 49 CFR 391.41(b)(10). [Docket No. FMCSA–2017–0031] addressed, stamped envelope or His optometrist examined him in 2017 postcard or print the acknowledgement and certified that he does not have Qualification of Drivers; Exemption page that appears after submitting diabetic retinopathy. He holds a Class A Applications; Diabetes Mellitus comments online. CDL from Pennsylvania. Privacy Act: In accordance with 5 AGENCY: Federal Motor Carrier Safety Ronald J. Boe U.S.C. 553(c), DOT solicits comments Administration (FMCSA), Department Mr. Boe, 67, has had ITDM since from the public to better inform its of Transportation. 2016. His endocrinologist examined him rulemaking process. DOT posts these ACTION: Notice of applications for comments, without edit, including any in 2017 and certified that he has had no exemptions; request for comments. personal information the commenter severe hypoglycemic reactions resulting provides, to www.regulations.gov, as in loss of consciousness, requiring the SUMMARY: FMCSA announces receipt of described in the system of records assistance of another person, or applications from 50 individuals for notice (DOT/ALL–14 FDMS), which can resulting in impaired cognitive function exemption from the prohibition against be reviewed at www.dot.gov/privacy. that occurred without warning in the persons with insulin-treated diabetes past 12 months and no recurrent (2 or mellitus (ITDM) operating commercial FOR FURTHER INFORMATION CONTACT: Ms. more) severe hypoglycemic episodes in motor vehicles (CMVs) in interstate Christine A. Hydock, Chief, Medical the last 5 years. His endocrinologist commerce. If granted, the exemptions Programs Division, (202) 366–4001, certifies that Mr. Boe understands would enable these individuals with fmcsamedical@dot.gov, FMCSA, diabetes management and monitoring, mstockstill on DSK30JT082PROD with NOTICES ITDM to operate CMVs in interstate Department of Transportation, 1200 has stable control of his diabetes using commerce. New Jersey Avenue SE., Room W64– insulin, and is able to drive a CMV DATES: Comments must be received on 113, Washington, DC 20590–0001. safely. Mr. Boe meets the requirements or before May 30, 2017. Office hours are 8:30 a.m. to 5 p.m., e.t., of the vision standard at 49 CFR ADDRESSES: You may submit comments Monday through Friday, except Federal 391.41(b)(10). His ophthalmologist bearing the Federal Docket Management holidays. examined him in 2016 and certified that System (FDMS) Docket No. FMCSA– SUPPLEMENTARY INFORMATION: he has stable nonproliferative diabetic VerDate Sep<11>2014 17:07 Apr 26, 2017 Jkt 241001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1


Document Created: 2017-04-27 01:39:55
Document Modified: 2017-04-27 01:39:55
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 30, 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 19435 
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