82 FR 19446 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

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

Page Range		19446-19447
FR Document		2017-08512

FMCSA announces its decision to renew exemptions of 71 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 80 (Thursday, April 27, 2017)

[Federal Register Volume 82, Number 80 (Thursday, April 27, 2017)]
[Notices]
[Pages 19446-19447]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08512]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

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


Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to renew exemptions of 71 
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

[[Page 19447]]

notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy.

II. Background

    On March 9, 2017, FMCSA published a notice announcing its decision 
to renew exemptions for 71 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 
13180). The public comment period ended on April 10, 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 71 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 March 12, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 16 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (73 FR 6248; 73 FR 
13274):

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

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

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

    The drivers were included in docket No. FMCSA-2014-0313. Their 
exemptions are effective as of March 24, 2017, and will expire on March 
24, 2019.
    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 19, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-08512 Filed 4-26-17; 8:45 am]
 BILLING CODE 4910-EX-P

19446 Federal Register / Vol. 82, No. 80 / Thursday, April 27, 2017 / Notices

As of March 4, 2017, and in obtaining a renewed exemption from the DEPARTMENT OF TRANSPORTATION
accordance with 49 U.S.C. 31136(e) and vision requirements (65 FR 66286; 65
31315, the following 8 individuals have FR 78256; 66 FR 13825; 66 FR 16311; Federal Motor Carrier Safety
satisfied the conditions for obtaining a 67 FR 76439; 68 FR 10298; 68 FR 13360; Administration
renewed exemption from the vision 70 FR 7545; 70 FR 12265; 71 FR 14566; [Docket No. FMCSA–2007–0070; FMCSA–
requirements (65 FR 45817; 65 FR 71 FR 30227; 72 FR 180; 72 FR 7812; 72 2014–0313]
77066; 67 FR 71610; 67 FR 76439; 68 FR FR 9397; 72 FR 11426; 73 FR 27014; 73
10298; 70 FR 7545; 72 FR 7812; 74 FR FR 51689; 73 FR 63047; 73 FR 75803; Qualification of Drivers; Exemption
6689; 76 FR 9859; 78 FR 8689; 80 FR 74 FR 6209; 74 FR 6689; 74 FR 8302; 75 Applications; Diabetes
7678): FR 77942; 75 FR 77949; 76 FR 4413; 76
Kirk G. Braegger (UT) AGENCY: Federal Motor Carrier Safety
FR 5425; 76 FR 9859; 76 FR 9861; 76 FR Administration (FMCSA), DOT.
Ambrosio Calles (NM) 11215; 78 FR 8689; 78 FR 12822; 78 FR
Harry P. Henning (PA) ACTION: Notice of final disposition.
14410; 80 FR 15859):
Christopher L. Humphries (TX)
Ralph J. Miles (OR) Howard K. Bradley (VA) SUMMARY: FMCSA announces its
Stanley B. Salkowski, III (PA) decision to renew exemptions of 71
Willie Burnett, Jr. (FL) individuals from its prohibition in the
Michael G. Thomas (PA)
William H. Twardus (DE) Marcus L. Conner (TX) Federal Motor Carrier Safety
Thomas G. Danclovic (MO) Regulations (FMCSRs) against persons
The drivers were included in one of
with insulin-treated diabetes mellitus
the following docket Nos: FMCSA– Donald K. Driscoll (MA) (ITDM) from operating commercial
2000–7363; FMCSA–2002–13411. Their William G. Holland (AR) motor vehicles (CMVs) in interstate
exemptions are effective as of March 4,
Gerald D. Larson commerce. The exemptions enable these
2017, and will expire on March 4, 2019.
individuals with ITDM to continue to
As of March 7, 2017, and in Thomas F. Marczewski (WI)
operate CMVs in interstate commerce.
accordance with 49 U.S.C. 31136(e) and Roy E. Mathews (FL)
31315, the following 23 individuals DATES: Each group of renewed
have satisfied the conditions for James T. McGraw, Jr. (PA) exemptions was effective on the dates
obtaining a renewed exemption from the Robert S. Metcalf (AZ) stated in the discussions below and will
vision requirements (65 FR 66286; 66 expire on the dates stated in the
Bobby G. Pool, Sr. (TX) discussions below.
FR 13825; 68 FR 10300; 70 FR 7546; 72
FR 180; 72 FR 7111; 72 FR 9397; 74 FR Steve A. Reece (TN) FOR FURTHER INFORMATION CONTACT: Ms.
6211; 74 FR 6212; 75 FR 77942; 76 FR Jeremichael Steele (NC) Christine A. Hydock, Chief, Medical
5425; 76 FR 9861; 78 FR 10250; 80 FR Wade D. Taylor (MO) Programs Division, 202–366–4001,
6162; 80 FR 7679; 80 FR 20562): fmcsamedical@dot.gov, FMCSA,
Jason P. Atwater (UT) The drivers were included in one of Department of Transportation, 1200
Barry W. Borger (PA) the following docket Nos: FMCSA– New Jersey Avenue SE., Room W64–
William W. Dugger (KY) 2000–7918; FMCSA–2000–8398; 224, Washington, DC 20590–0001.
Steven D. Ellsworth (IL) FMCSA–2002–13411; FMCSA–2006– Office hours are from 8 a.m. to 5:30
Glen T. Garrabrant (NJ) 24015; FMCSA–2006–25246; FMCSA– p.m., e.t., Monday through Friday,
Richard A. Guthrie (MT) 2008–0266; FMCSA–2008–0340; except Federal holidays. If you have
Abdalla M. Jalili (IL) FMCSA–2010–0385. Their exemptions questions regarding viewing or
Alan L. Johnston (IL) are effective as of March 23, 2017, and submitting material to the docket,
David M. Krause (WI) will expire on March 23, 2019. contact Docket Services, telephone (202)
Stephen C. Martin (PA) 366–9826.
In accordance with 49 U.S.C. 31315,
James E. Menz (NY) SUPPLEMENTARY INFORMATION:
each exemption will be valid for two
Ronald M. Metzger (NY)
Gerald D. Milner (IL) years from the effective date unless I. Electronic Access
Ali Nimer (IL) revoked earlier by FMCSA. The You may see all the comments online
Richard A. Pierce (MO) exemption will be revoked if the through the Federal Document
Rance A. Powell (AL) following occurs: (1) The person fails to Management System (FDMS) at: http://
Shannon E. Rasmussen (WY) comply with the terms and conditions www.regulations.gov.
Richard P. Rebel (ND) of the exemption; (2) the exemption has Docket: For access to the docket to
Mustafa Shahadeh (OH) resulted in a lower level of safety than read background documents or
Charles P. Smith (MO) was maintained prior to being granted; comments, go to http://
Timothy R. Tedford (IL) or (3) continuation of the exemption www.regulations.gov and/or Room
Melvin L. Vaughn (WI) would not be consistent with the goals W12–140 on the ground level of the
Rick L. Wood (PA) and objectives of 49 U.S.C. 31136 and West Building, 1200 New Jersey Avenue
The drivers were included in one of 31315. SE., Washington, DC, between 9 a.m.
the following docket Nos: FMCSA– Issued on: April 19, 2017. and 5 p.m., e.t., Monday through Friday,
2000–7918; FMCSA–2006–25246; except Federal holidays.
Larry W. Minor,
FMCSA–2010–0385; FMCSA–2014– Privacy Act: In accordance with 5
mstockstill on DSK30JT082PROD with NOTICES

0301. Their exemptions are effective as Associate Administrator for Policy. U.S.C. 553(c), DOT solicits comments
of March 7, 2017, and will expire on [FR Doc. 2017–08511 Filed 4–26–17; 8:45 am] from the public to better inform its
March 7, 2019. BILLING CODE 4910–EX–P rulemaking process. DOT posts these
As of March 23, 2017, and in comments, without edit, including any
accordance with 49 U.S.C. 31136(e) and personal information the commenter
31315, the following 15 individuals provides, to http://www.regulations.gov,
have satisfied the conditions for as described in the system of records

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Federal Register / Vol. 82, No. 80 / Thursday, April 27, 2017 / Notices 19447

notice (DOT/ALL–14 FDMS), which can Brian T. Tow (WA) Michael E. Zincone (RI)
be reviewed at http://www.dot.gov/ The drivers were included in docket The drivers were included in docket
privacy. No. FMCSA–2007–0070. Their No. FMCSA–2014–0313. Their
II. Background exemptions are effective as of March 12, exemptions are effective as of March 24,
2017, and will expire on March 12, 2017, and will expire on March 24,
On March 9, 2017, FMCSA published 2019. 2019.
a notice announcing its decision to As of March 24, 2017, and in In accordance with 49 U.S.C. 31315,
renew exemptions for 71 individuals accordance with 49 U.S.C. 31136(e) and each exemption will be valid for two
from the insulin-treated diabetes 31315, the following 55 individuals years from the effective date unless
mellitus prohibition in 49 CFR have satisfied the renewal conditions for revoked earlier by FMCSA. The
391.41(b)(3) to operate a CMV in obtaining an exemption from the rule exemption will be revoked if the
interstate commerce and requested prohibiting drivers with ITDM from following occurs: (1) The person fails to
comments from the public (82 FR driving CMVs in interstate commerce comply with the terms and conditions
13180). The public comment period (80 FR 8929; 80 FR 24313): of the exemption; (2) the exemption has
ended on April 10, 2017, and no
Timothy E. Adkins (KY) resulted in a lower level of safety than
comments were received.
Daniel S. Arke (HI) was maintained prior to being granted;
As stated in the previous notice,
Raul Arlequin Jr. (FL) or (3) continuation of the exemption
FMCSA has evaluated the eligibility of
Chad W. Beeman (NY) would not be consistent with the goals
these applicants and determined that
Jeffrey S. Bohle (IA) and objectives of 49 U.S.C. 31136 and
renewing these exemptions would
Bradley T. Boyd (IA) 31315.
achieve a level of safety equivalent to or
Bradley M. Brauer (NE) Issued on: April 19, 2017.
greater than the level that would be
Gary W. Brendel (NY) Larry W. Minor,
achieved by complying with the current
Thomas Browning (PA)
regulation 49 CFR 391.41(b)(3). Associate Administrator for Policy.
Kell D. Busby, Jr. (MI)
The physical qualification standard [FR Doc. 2017–08512 Filed 4–26–17; 8:45 am]
Rafael B. Castillo (NJ)
for drivers regarding diabetes found in
Zachary D. Craig (ND) BILLING CODE 4910–EX–P
49 CFR 391.41(b)(3) states that a person
Terry R. Darnall (IL)
is physically qualified to drive a CMV
Raymond W. Dropps (MN)
if that person has no established DEPARTMENT OF TRANSPORTATION
Curtis W. Fox (IN)
medical history or clinical diagnosis of William H. Geiselhart, Jr. (PA)
diabetes mellitus currently requiring Federal Transit Administration
Darrel G. Goetz (MO)
insulin for control. Chris S. Hammack (CO) FY 2017 Competitive Funding
III. Discussion of Comments James P. Hancock, Jr. (PA) Opportunity: Low or No Emission
FMCSA received no comments in this Donald S. Hanson (MN) Grant Program
preceding. Michael Hasley (AR)
Gene A. Heibult (SD) AGENCY: Federal Transit Administration
IV. Conclusion Ronald R. Herrington (WV) (FTA), DOT.
Based upon its evaluation of the 71 Jay H. Hess (PA) ACTION: Notice of funding opportunity
renewal exemption applications and Kevin L. Holmes (IL) (NOFO).
that no comments were received, Claude E. Hoskins (WA)
FMCSA confirms its’ decision to exempt Ulysses Jones (IN) SUMMARY: The Federal Transit
the following drivers from the rule Sean M. Jordan (PA) Administration (FTA) announces the
prohibiting drivers with ITDM from Steven N. Kemp (TX) opportunity to apply for $55 million in
driving CMVs in interstate commerce in Tracy A. Knake (IA) FY 2017 funds for the Low or No
49 CFR 391.41(b)(3). Robert E. Lane (IN) Emission Bus Discretionary Grant
As of March 12, 2017, and in Jason C. Lewis (MD) Program (Low-No Program; Catalog of
accordance with 49 U.S.C. 31136(e) and Corey A. Maas (KS) Federal Domestic Assistance (CFDA)
31315, the following 16 individuals James P. MacDonald (MA) number: 20.526), subject to funding
have satisfied the renewal conditions for Timothy D. Maxson (NY) availability. Only $31.5 million is
obtaining an exemption from the rule Guy D. McGuire (MD) available under the Continuing
prohibiting drivers with ITDM from Roy A. Montalvan (PA) Resolution that expires on April 28,
driving CMVs in interstate commerce Justin M. Powell (NC) 2017. As required by Federal transit law
(73 FR 6248; 73 FR 13274): Jackie Riley (NC) (49 U.S.C. 5339(c)) and subject to
Richard L. Burwell (OH) Rudy A. Rodriguez (OR) funding availability, funds will be
David Clemente, Sr. (NJ) Philip M. Schopp (MO) awarded competitively for the purchase
Timothy M. Collier (NY) Andrew T. Segetti (CT) or lease of low or no emission vehicles
William M. Dement (MO) Roger L. Shones (MN) that use advanced technologies for
James O. Hamilton (OH) William L. Sirabella (RI) transit revenue operations, including
William B. Jenks, Jr. (UT) Ronald D. Strobo (FL) related equipment or facilities. Projects
Timothy L. Johnson (IA) Rodney H. Swartz (NY) may include costs incidental to the
Douglas O. Krosch (MN) David A. Tipps (IL) acquisition of buses or to the
mstockstill on DSK30JT082PROD with NOTICES

Robert E. Martin (MO) Keith J. Tschetter (ND) construction of facilities, such as the
Garrett A. Phillips (NY) Sean E. Twohig (NY) costs of related workforce development
Randy L. Quattlebaum (TX) Jimmie W. Ward (NC) and training activities, and project
Mark C. Smith (NE) Michael R. Waskow (WI) administration expenses. FTA may
Billy J. Stamper (OK) James B. Westphal (WI) award additional funding that is made
Robert E. Tauriainen (OR) John A. Winquist (SD) available to the program prior to the
David B. Tomlin (AL) Robert J. Wyand (NY) announcement of project selections.

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Document Created: 2017-04-27 01:40:05
Document Modified: 2017-04-27 01:40:05

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of final disposition.
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.
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.
FR Citation		82 FR 19446

82 FR 19446 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

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

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration