82_FR_22474 82 FR 22382 - Qualification of Drivers; Exemption Applications; Diabetes

82 FR 22382 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 92 (May 15, 2017)

Page Range22382-22384
FR Document2017-09737

FMCSA announces its decision to renew the exemptions of 145 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 92 (Monday, May 15, 2017)
[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Notices]
[Pages 22382-22384]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09737]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-26601; FMCSA-2009-0115; FMCSA-2011-0080; FMCSA-
2011-0093; FMCSA-2011-0103; FMCSA-2013-0015; FMCSA-2013-0016; FMCSA-
2013-0017; FMCSA-2015-0058; FMCSA-2015-0059]


Qualification of Drivers; Exemption Applications; Diabetes

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

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

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

SUMMARY: FMCSA announces its decision to renew the exemptions of 145 
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 
June 14, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. FMCSA-2006-26601; FMCSA-
2009-0115; FMCSA-2011-0080; FMCSA-2011-0093; FMCSA-2011-0103; FMCSA-
2013-0015; FMCSA-2013-0016; FMCSA-2013-0017; FMCSA-2015-0058; FMCSA-
2015-0059 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 145 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

[[Page 22383]]

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 145 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. These 145 drivers 
remain in good standing with the Agency, have maintained their required 
medical monitoring and have not exhibited any medical issues that would 
compromise their ability to safely operate a CMV during the previous 2-
year exemption period. Therefore, FMCSA has decided to extend each 
exemption for a renewable two-year period. Each individual is 
identified according to the renewal date.
    The exemptions are renewed subject to the following conditions: (1) 
That each individual submit a quarterly monitoring checklist completed 
by the treating endocrinologist as well as an annual checklist with a 
comprehensive medical evaluation; (2) that each individual reports 
within 2 business days of occurrence, all episodes of severe 
hypoglycemia, significant complications, or inability to manage 
diabetes; also, any involvement in an accident or any other adverse 
event in a CMV or personal vehicle, whether or not it is related to an 
episode of hypoglycemia; (3) that each individual submit an annual 
ophthalmologist's or optometrist's report; and (4) that each individual 
provide a copy of the annual medical certification to the employer for 
retention in the driver's qualification file, or keep a copy in his/her 
driver's qualification file if he/she is self-employed. The driver must 
also have a copy of the certification when driving, for presentation to 
a duly authorized Federal, State, or local enforcement official.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application for additional two year periods. The following groups of 
drivers received renewed exemptions in the month of June and are 
discussed below.
    As of June 2, 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. (76 FR 20073; 76 FR 
32015):

Donovan A. Bloomfield (MA), Kyle T. Brewer (NE) Rastus A. Bryant, Jr. 
(SC), Daniel J. Cahalan (WV), C. Shawn Fox (OH) Brad S. Gray (MD), Troy 
M. Keller (PA) Edmond D. Kilmartin III (MI), Michael G. Moseley (NC), 
Francisco M. Torres (NM), Mark H. Wilcox (MN).

    The drivers were included in Docket No. FMCSA-2011-0080. Their 
exemptions are effective as of June 2, 2017, and will expire on June 2, 
2019.
    As of June 6, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 21 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 26133; 80 FR 
60743):

Robert L. Adams (GA), Steven D. Beale (WA), Kevin N. Bigham (PA), Eric 
B. Bratanich (WI), Jeffry L. Bromby (CA), Joel R. Currie (MN), George 
C. Druzak (PA), William L. Duncan (FL), Leland R. Frazier, Jr. (GA), 
Louis E. Graves (MS), Loren G. Howard (AK), John A. Irwin (IL), Marvin 
T. Kruse (SD), Richard L. Langdon (NY), Amanda K. Perez-Littleton (NM), 
Michael J. Peterson (MN), Thomas E. Ringstaff, Jr. (OH), Milton E. 
Sullivan (VA), John E. Vee (IA), Russell A. Wilkins (VA), David A. 
Wolff (NY).

    The drivers were included in Docket No. FMCSA-2015-0058. Their 
exemptions are effective as of June 6, 2017, and will expire on June 6, 
2019.
    As of June 8, 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. (72 FR 12656; 72 FR 
31875):

David M. Beard (CO), David R. Burton (WY), Esko G. Cate (WA), Stephen 
R. Clemens (MI), Johnny W. Corbin (KY), Mark K. Eaton (MN), Chad L. 
Erickson (WA), Kendal B. Heath (NC), Jon D. Huntsinger (SD), Robbie L. 
Jones (IN), Lucas J. Jordon (FL), Murl R. Kimmel (IL), Michael G. 
McIntosh (WA), Judith A. Neel (IN), Danny E. Norment (TN), Samuel N. 
Prindle (IL), Mark W. Sadowski (IN), Thomas M. Sandahl (WI) Anthony 
Ybarra (MN).

    The drivers were included in Docket No. FMCSA-2006-26601. Their 
exemptions are effective as of June 8, 2017, and will expire on June 8, 
2019.
    As of June 11, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 41 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 20381; 78 FR 
35088; 80 FR 26979; 80 FR 45575):

Donald J. Barber II (FL), Kenneth V. Bartlett (PA), Derek A. Becker 
(IL), Robert J. Boardwick (NJ), Robert E. Clark, Jr. (VA), Robert G. 
Costa (NJ), Thomas J. Cummings (IA), Gary E. Davidge (MD), Stephen L. 
Drake (TX), David E. Goddard, Jr. (WV), William J. Hannan, 3rd (NJ), 
David H. Heins (IL), Korry W. Hullinger (UT), Daniel A. Johns (PA), 
James V. Kuhns, Jr. (PA), Craig C. Leckie (OR), Robert T. Lee (WI), 
Tyler S. Lewis (AK), Zackery L. Lowe (AK), Gary D. MacFarlane (ME), 
Edward W. Masser (PA), David J. Mathews (MN), Brian L. Merlo (CA), 
Brian K. Miesner (MO), Terrance M. Morrisette (MN), Patrick S. Murray 
(OK), Shane J. Nesheim (WI), Lisa R. Olson (MT), Kevin J. Riedl (WI), 
Richard E. Roberts (NC), Stephen D. Sandine (AR), Jeremy D. Schroeder 
(OH), Jerry G. Severson, Jr. (IL), Richard J. Tallen (IN), Brett E. 
Thein (GA), Kelly R. Troll (MN), Ryan R. Turnbull (NY), Jonathan 
Walston (IA), Graciano Wharton-Ramirez (NJ), Rick G. White (WA), 
Randall L. Williamson (IL).

    The drivers were included in one of the following docket Nos: 
FMCSA-2013-0015; FMCSA-2015-0059. Their exemptions are effective as of 
June 11, 2017, and will expire on June 11, 2019.
    As of June 12, 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. (74 FR 19271; 74 FR 
28096):

Edward E. Back III (VA), Aaron Bailey (MA), George E. Hardman (GA), 
Brian K. Moore (TN), Zachary T. Patton (AZ), Terry L. Robinett (AR), 
Scot J. Suhr (IN), Kenneth R. Walker (TN), Blake A. Woolman (MO).

    The drivers were included in Docket No. FMCSA-2009-0115. Their 
exemptions are effective as of June 12, 2017, and will expire on June 
12, 2019.
    As of June 20, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 25 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 22599; 78 FR 
24795; 78 FR 37272; 78 FR 37273):

Willie J. Brock (MO), Roger S. Davis (PA), Edgar I. Duque (NY), Kevin 
J. Fuller (MI), Kevin D. Gentes (IL), John M. Hawk (MN), Joel M. Jock 
(VA), Michal J. Makwinski (NJ), James S.

[[Page 22384]]

Marunczak (PA), Michael J. Moynihan (NH), William A. Nearhood (PA), 
Fernand L. Poulin (NH), James A. Pruitt (GA), Tony E. Pullen (IN), 
Michael M. Sanchez (NM), Joseph Sawicki, III (NY), Nathaniel Scales Jr. 
(DE), Michael Schrock III (TN), Jimmy W. Scroggins (AR), Michael 
Steinman (PA), Mark A. Stromberg (MN), Christopher T. Thieneman (KY), 
Daniel J. Wagner (TX), Andrew J. White (IA), Michael D. Ziegler (PA).

    The drivers were included in docket No. FMCSA-2013-0016; FMCSA-
2013-0017. Their exemptions are effective as of June 20, 2017, and will 
expire on June 20, 2019.
    As of June 24, 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. (76 FR 25769; 76 FR 
37171):

John C. Beason, Jr. (TN), Adam R. Errickson (NJ), Jon M. Greiner (MN), 
Gregory M. Hoyt (VT), Robert E. Jackson (NC), Kimm D. Jacobson (MN), 
Daryl D. Jibben (MN), Jimmy G. Lee, Jr. (NC), Daniel S. May (IA), 
Gerald D. McElya (TX), Donald B. Ramaley (PA), Floyd M. Tyler (PA).

    The drivers were included in docket No. FMCSA-2011-0103. Their 
exemptions are effective as of June 24, 2017, and will expire on June 
24, 2019.
    As of June 28, 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 21792; 76 FR 
37882):

Terry J. Johnson (MN), Todd L. McAuley (NC), Stephen A. Miles (OH), 
Edgar M. Ridlon, Jr. (VT), Andrew M. Schutt (IL), John W. Wortman (WI), 
Kemlyn K. Yowell (OH).

    The drivers were included in docket No. FMCSA-2011-0093. Their 
exemptions are effective as of June 28, 2017, and will expire on June 
28, 2019.
    Each of the 145 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 
145 drivers for a period of two years is likely to achieve a level of 
safety equal to that existing without the exemption. The drivers were 
included in docket numbers FMCSA-2006-26601; FMCSA-2009-0115; FMCSA-
2011-0080; FMCSA-2011-0093; FMCSA-2011-0103; FMCSA-2013-0015; FMCSA-
2013-0016; FMCSA-2013-0017; FMCSA-2015-0058; FMCSA-2015-0059.

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 June 14, 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 145 individuals from rule 
prohibiting persons with ITDM from operating CMVs in interstate 
commerce in 49 CFR 391.41(b)(3). The final decision to grant an 
exemption to each of these individuals was made on the merits of each 
case and made only after careful consideration of the comments received 
to its notices of applications. The notices of applications stated in 
detail the medical condition of each applicant for an exemption from 
rule prohibiting persons with ITDM from operating CMVs in interstate 
commerce. That information is available by consulting the above cited 
Federal Register publications.
    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315, FMCSA will take immediate steps to revoke the 
exemption of a driver.

V. Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket numbers FMCSA-2006-26601; FMCSA-
2009-0115; FMCSA-2011-0080; FMCSA-2011-0093; FMCSA-2011-0103; FMCSA-
2013-0015; FMCSA-2013-0016; FMCSA-2013-0017; FMCSA-2015-0058; FMCSA-
2015-0059 and click the search button. When the new screen appears, 
click on the blue ``Comment Now!'' button on the right hand side of the 
page. On the new page, enter information required including the 
specific section of this document to which each comment applies, and 
provide a reason for each suggestion or recommendation. If you submit 
your comments by mail or hand delivery, submit them in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for copying and 
electronic filing. If you submit comments by mail and would like to 
know that they reached the facility, please enclose a stamped, self-
addressed postcard or envelope.
    We will consider all comments and material received during the 
comment period. FMCSA may issue a final determination at any time after 
the close of the comment period.

VI. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2006-26601; FMCSA-2009-0115; FMCSA-2011-0080; 
FMCSA-2011-0093; FMCSA-2011-0103; FMCSA-2013-0015; FMCSA-2013-0016; 
FMCSA-2013-0017; FMCSA-2015-0058; FMCSA-2015-0059 and click ``Search.'' 
Next, click ``Open Docket Folder'' and you will find all documents and 
comments related to this notice.

    Issued on: May 8, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-09737 Filed 5-12-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  22382                           Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Notices

                                                  driver must undergo an annual physical                  DEPARTMENT OF TRANSPORTATION                          docket number for this notice. Note that
                                                  examination (a) by an ophthalmologist                                                                         DOT posts all comments received
                                                  or optometrist who attests that the                     Federal Motor Carrier Safety                          without change to http://
                                                  vision in the better eye continues to                   Administration                                        www.regulations.gov, including any
                                                  meet the requirements in 49 CFR                         [Docket No. FMCSA–2006–26601; FMCSA–                  personal information included in a
                                                  391.41(b)(10), and (b) by a certified                   2009–0115; FMCSA–2011–0080; FMCSA–                    comment. Please see the Privacy Act
                                                  Medical Examiner, as defined by 49 CFR                  2011–0093; FMCSA–2011–0103; FMCSA–                    heading below.
                                                  390.5, who attests that the driver is                   2013–0015; FMCSA–2013–0016; FMCSA–                       Docket: For access to the docket to
                                                  otherwise physically qualified under 49                 2013–0017; FMCSA–2015–0058; FMCSA–                    read background documents or
                                                                                                          2015–0059]                                            comments, go to http://
                                                  CFR 391.41; (2) each driver must
                                                  provide a copy of the ophthalmologist’s                                                                       www.regulations.gov at any time or
                                                                                                          Qualification of Drivers; Exemption                   Room W12–140 on the ground level of
                                                  or optometrist’s report to the Medical                  Applications; Diabetes                                the West Building, 1200 New Jersey
                                                  Examiner at the time of the annual
                                                                                                          AGENCY: Federal Motor Carrier Safety                  Avenue SE., Washington, DC, between 9
                                                  medical examination; and (3) each
                                                                                                          Administration (FMCSA), DOT.                          a.m. and 5 p.m., e.t., Monday through
                                                  driver must provide a copy of the                                                                             Friday, except Federal holidays. The
                                                  annual medical certification to the                     ACTION: Notice of renewal of
                                                                                                          exemptions; request for comments.                     Federal Docket Management System
                                                  employer for retention in the driver’s                                                                        (FDMS) is available 24 hours each day,
                                                  qualification file and retains a copy of                SUMMARY:    FMCSA announces its                       365 days each year. If you want
                                                  the certification on his/her person while               decision to renew the exemptions of 145               acknowledgment that we received your
                                                  driving for presentation to a duly                      individuals from its rule prohibiting                 comments, please include a self-
                                                  authorized Federal, State, or local                     persons with insulin-treated diabetes                 addressed, stamped envelope or
                                                  enforcement official. The exemption                     mellitus (ITDM) from operating                        postcard or print the acknowledgement
                                                  will be rescinded if: (1) The person fails              commercial motor vehicles (CMVs) in                   page that appears after submitting
                                                  to comply with the terms and                            interstate commerce. FMCSA has                        comments on-line.
                                                  conditions of the exemption; (2) the                    statutory authority to exempt                            Privacy Act: Anyone may search the
                                                  exemption has resulted in a lower level                 individuals from this rule if the                     electronic form of all comments
                                                  of safety than was maintained before it                 exemptions granted will not                           received into any of our dockets by the
                                                  was granted; or (3) continuation of the                 compromise safety. The Agency has                     name of the individual submitting the
                                                  exemption would not be consistent with                  concluded that granting these                         comment (or of the person signing the
                                                  the goals and objectives of 49 U.S.C.                   exemption renewals will provide a level               comment, if submitted on behalf of an
                                                  31136(e) and 31315.                                     of safety that is equivalent to or greater            association, business, labor union, etc.).
                                                                                                          than the level of safety maintained                   You may review DOT’s Privacy Act
                                                  IV. Preemption                                          without the exemptions for these CMV                  Statement for the Federal Docket
                                                                                                          drivers.                                              Management System (FDMS) published
                                                     During the period the exemption is in                                                                      in the Federal Register on January 17,
                                                  effect, no State shall enforce any law or               DATES: Each group of renewed
                                                                                                          exemptions are effective from the dates               2008 (73 FR 3316).
                                                  regulation that conflicts with this
                                                                                                          stated in the discussions below.                      FOR FURTHER INFORMATION CONTACT: Ms.
                                                  exemption with respect to a person
                                                                                                          Comments must be received on or                       Christine A. Hydock, Chief, Medical
                                                  operating under the exemption.
                                                                                                          before June 14, 2017.                                 Programs Division, 202–366–4001,
                                                  VI. Conclusion                                          ADDRESSES: You may submit comments                    fmcsamedical@dot.gov, FMCSA,
                                                                                                          bearing the Federal Docket Management                 Department of Transportation, 1200
                                                    Based upon its evaluation of the 120                  System (FDMS) numbers: Docket No.                     New Jersey Avenue SE., Room W64–
                                                  exemption applications, FMCSA renews                    FMCSA–2006–26601; FMCSA–2009–                         113, Washington, DC 20590–0001.
                                                  the exemptions of the aforementioned                    0115; FMCSA–2011–0080; FMCSA–                         Office hours are from 8 a.m. to 5:30 p.m.
                                                  drivers from the vision requirement in                  2011–0093; FMCSA–2011–0103;                           e.t., Monday through Friday, except
                                                  49 CFR 391.41(b)(10), subject to the                    FMCSA–2013–0015; FMCSA–2013–                          Federal holidays.
                                                  requirements cited above (49 CFR                        0016; FMCSA–2013–0017; FMCSA–                         SUPPLEMENTARY INFORMATION:
                                                  391.64(b)). In accordance with 49 U.S.C.                2015–0058; FMCSA–2015–0059 using
                                                  31136(e) and 31315, each exemption                                                                            I. Background
                                                                                                          any of the following methods:
                                                  will be valid for two years unless                        • Federal eRulemaking Portal: Go to                    Under 49 U.S.C. 31136(e) and 31315,
                                                  revoked earlier by FMCSA.                               http://www.regulations.gov. Follow the                FMCSA may renew an exemption from
                                                                                                          on-line instructions for submitting                   the Federal Motor Carrier Safety
                                                     Issued on: May 4, 2017.
                                                                                                          comments.                                             Regulations 2-year period if it finds
                                                  Larry W. Minor,                                           • Mail: Docket Management Facility;                 ‘‘such exemption would likely achieve a
                                                  Associate Administrator for Policy.                     U.S. Department of Transportation, 1200               level of safety that is equivalent to or
                                                  [FR Doc. 2017–09740 Filed 5–12–17; 8:45 am]             New Jersey Avenue SE., West Building                  greater than the level that would be
                                                  BILLING CODE 4910–EX–P                                  Ground Floor, Room W12–140,                           achieved absent such exemption.’’ The
                                                                                                          Washington, DC 20590–0001.                            statute also allows the Agency to renew
                                                                                                            • Hand Delivery or Courier: West                    exemptions at the end of the 2-year
                                                                                                                                                                period. The 145 individuals listed in
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                          Building Ground Floor, Room W12–140,
                                                                                                          1200 New Jersey Avenue SE.,                           this notice have recently become
                                                                                                          Washington, DC, between 9 a.m. and 5                  eligible for a renewed exemption from
                                                                                                          p.m., e.t., Monday through Friday,                    the diabetes prohibition in 49 CFR
                                                                                                          except Federal Holidays.                              391.41(b)(3), which applies to drivers of
                                                                                                            • 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


                                             VerDate Sep<11>2014   13:51 May 12, 2017   Jkt 241001   PO 00000   Frm 00078   Fmt 4703   Sfmt 4703   E:\FR\FM\15MYN1.SGM   15MYN1


                                                                                  Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Notices                                            22383

                                                  required medical monitoring and have                    Donovan A. Bloomfield (MA), Kyle T.                   driving CMVs in interstate commerce.
                                                  not exhibited any medical issues that                     Brewer (NE) Rastus A. Bryant, Jr. (SC),             (78 FR 20381; 78 FR 35088; 80 FR
                                                  would compromise their ability to safely                  Daniel J. Cahalan (WV), C. Shawn Fox                26979; 80 FR 45575):
                                                  operate a CMV during the previous 2-                      (OH) Brad S. Gray (MD), Troy M.                     Donald J. Barber II (FL), Kenneth V.
                                                  year exemption period.                                    Keller (PA) Edmond D. Kilmartin III                   Bartlett (PA), Derek A. Becker (IL),
                                                                                                            (MI), Michael G. Moseley (NC),                        Robert J. Boardwick (NJ), Robert E.
                                                  II. Exemption Decision                                    Francisco M. Torres (NM), Mark H.                     Clark, Jr. (VA), Robert G. Costa (NJ),
                                                     This notice addresses 145 individuals                  Wilcox (MN).                                          Thomas J. Cummings (IA), Gary E.
                                                  who have requested renewal of their                       The drivers were included in Docket                   Davidge (MD), Stephen L. Drake (TX),
                                                  exemptions in accordance with FMCSA                     No. FMCSA–2011–0080. Their                              David E. Goddard, Jr. (WV), William
                                                  procedures. These 145 drivers remain in                 exemptions are effective as of June 2,                  J. Hannan, 3rd (NJ), David H. Heins
                                                  good standing with the Agency, have                     2017, and will expire on June 2, 2019.                  (IL), Korry W. Hullinger (UT), Daniel
                                                  maintained their required medical                         As of June 6, 2017, and in accordance                 A. Johns (PA), James V. Kuhns, Jr.
                                                  monitoring and have not exhibited any                   with 49 U.S.C. 31136(e) and 31315, the                  (PA), Craig C. Leckie (OR), Robert T.
                                                  medical issues that would compromise                    following 21 individuals have satisfied                 Lee (WI), Tyler S. Lewis (AK),
                                                  their ability to safely operate a CMV                   the renewal conditions for obtaining an                 Zackery L. Lowe (AK), Gary D.
                                                  during the previous 2-year exemption                    exemption from the rule prohibiting                     MacFarlane (ME), Edward W. Masser
                                                  period. Therefore, FMCSA has decided                    drivers with ITDM from driving CMVs                     (PA), David J. Mathews (MN), Brian L.
                                                  to extend each exemption for a                          in interstate commerce. (80 FR 26133;                   Merlo (CA), Brian K. Miesner (MO),
                                                  renewable two-year period. Each                         80 FR 60743):                                           Terrance M. Morrisette (MN), Patrick
                                                  individual is identified according to the               Robert L. Adams (GA), Steven D. Beale                   S. Murray (OK), Shane J. Nesheim
                                                  renewal date.                                             (WA), Kevin N. Bigham (PA), Eric B.                   (WI), Lisa R. Olson (MT), Kevin J.
                                                     The exemptions are renewed subject                     Bratanich (WI), Jeffry L. Bromby (CA),                Riedl (WI), Richard E. Roberts (NC),
                                                  to the following conditions: (1) That                     Joel R. Currie (MN), George C. Druzak                 Stephen D. Sandine (AR), Jeremy D.
                                                  each individual submit a quarterly                        (PA), William L. Duncan (FL), Leland                  Schroeder (OH), Jerry G. Severson, Jr.
                                                  monitoring checklist completed by the                     R. Frazier, Jr. (GA), Louis E. Graves                 (IL), Richard J. Tallen (IN), Brett E.
                                                  treating endocrinologist as well as an                    (MS), Loren G. Howard (AK), John A.                   Thein (GA), Kelly R. Troll (MN), Ryan
                                                  annual checklist with a comprehensive                     Irwin (IL), Marvin T. Kruse (SD),                     R. Turnbull (NY), Jonathan Walston
                                                  medical evaluation; (2) that each                         Richard L. Langdon (NY), Amanda K.                    (IA), Graciano Wharton-Ramirez (NJ),
                                                  individual reports within 2 business                      Perez-Littleton (NM), Michael J.                      Rick G. White (WA), Randall L.
                                                  days of occurrence, all episodes of                       Peterson (MN), Thomas E. Ringstaff,                   Williamson (IL).
                                                  severe hypoglycemia, significant                          Jr. (OH), Milton E. Sullivan (VA), John               The drivers were included in one of
                                                  complications, or inability to manage                     E. Vee (IA), Russell A. Wilkins (VA),               the following docket Nos: FMCSA–
                                                  diabetes; also, any involvement in an                     David A. Wolff (NY).                                2013–0015; FMCSA–2015–0059. Their
                                                  accident or any other adverse event in                    The drivers were included in Docket                 exemptions are effective as of June 11,
                                                  a CMV or personal vehicle, whether or                   No. FMCSA–2015–0058. Their                            2017, and will expire on June 11, 2019.
                                                  not it is related to an episode of                      exemptions are effective as of June 6,                  As of June 12, 2017, and in
                                                  hypoglycemia; (3) that each individual                  2017, and will expire on June 6, 2019.                accordance with 49 U.S.C. 31136(e) and
                                                  submit an annual ophthalmologist’s or                     As of June 8, 2017, and in accordance               31315, the following 9 individuals have
                                                  optometrist’s report; and (4) that each                 with 49 U.S.C. 31136(e) and 31315, the                satisfied the renewal conditions for
                                                  individual provide a copy of the annual                 following 19 individuals have satisfied               obtaining an exemption from the rule
                                                  medical certification to the employer for               the renewal conditions for obtaining an               prohibiting drivers with ITDM from
                                                  retention in the driver’s qualification                 exemption from the rule prohibiting                   driving CMVs in interstate commerce.
                                                  file, or keep a copy in his/her driver’s                drivers with ITDM from driving CMVs                   (74 FR 19271; 74 FR 28096):
                                                  qualification file if he/she is self-                   in interstate commerce. (72 FR 12656;                 Edward E. Back III (VA), Aaron Bailey
                                                  employed. The driver must also have a                   72 FR 31875):                                           (MA), George E. Hardman (GA), Brian
                                                  copy of the certification when driving,                 David M. Beard (CO), David R. Burton                    K. Moore (TN), Zachary T. Patton
                                                  for presentation to a duly authorized                     (WY), Esko G. Cate (WA), Stephen R.                   (AZ), Terry L. Robinett (AR), Scot J.
                                                  Federal, State, or local enforcement                      Clemens (MI), Johnny W. Corbin (KY),                  Suhr (IN), Kenneth R. Walker (TN),
                                                  official.                                                 Mark K. Eaton (MN), Chad L. Erickson                  Blake A. Woolman (MO).
                                                                                                            (WA), Kendal B. Heath (NC), Jon D.                    The drivers were included in Docket
                                                  III. Basis for Renewing Exemptions
                                                                                                            Huntsinger (SD), Robbie L. Jones (IN),              No. FMCSA–2009–0115. Their
                                                    Under 49 U.S.C. 31315(b)(1), an                         Lucas J. Jordon (FL), Murl R. Kimmel                exemptions are effective as of June 12,
                                                  exemption may be granted for no longer                    (IL), Michael G. McIntosh (WA),                     2017, and will expire on June 12, 2019.
                                                  than two years from its approval date                     Judith A. Neel (IN), Danny E. Norment                 As of June 20, 2017, and in
                                                  and may be renewed upon application                       (TN), Samuel N. Prindle (IL), Mark W.               accordance with 49 U.S.C. 31136(e) and
                                                  for additional two year periods. The                      Sadowski (IN), Thomas M. Sandahl                    31315, the following 25 individuals
                                                  following groups of drivers received                      (WI) Anthony Ybarra (MN).                           have satisfied the renewal conditions for
                                                  renewed exemptions in the month of                        The drivers were included in Docket                 obtaining an exemption from the rule
                                                  June and are discussed below.                           No. FMCSA–2006–26601. Their                           prohibiting drivers with ITDM from
                                                    As of June 2, 2017, and in accordance                                                                       driving CMVs in interstate commerce.
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                          exemptions are effective as of June 8,
                                                  with 49 U.S.C. 31136(e) and 31315, the                  2017, and will expire on June 8, 2019.                (78 FR 22599; 78 FR 24795; 78 FR
                                                  following 11 individuals have satisfied                   As of June 11, 2017, and in                         37272; 78 FR 37273):
                                                  the renewal conditions for obtaining an                 accordance with 49 U.S.C. 31136(e) and                Willie J. Brock (MO), Roger S. Davis
                                                  exemption from the rule prohibiting                     31315, the following 41 individuals                     (PA), Edgar I. Duque (NY), Kevin J.
                                                  drivers with ITDM from driving CMVs                     have satisfied the renewal conditions for               Fuller (MI), Kevin D. Gentes (IL), John
                                                  in interstate commerce. (76 FR 20073;                   obtaining an exemption from the rule                    M. Hawk (MN), Joel M. Jock (VA),
                                                  76 FR 32015):                                           prohibiting drivers with ITDM from                      Michal J. Makwinski (NJ), James S.


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                                                  22384                           Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Notices

                                                    Marunczak (PA), Michael J. Moynihan                   commerce. Therefore, FMCSA                            V. Submitting Comments
                                                    (NH), William A. Nearhood (PA),                       concludes that extending the exemption
                                                    Fernand L. Poulin (NH), James A.                      for each of the 145 drivers for a period                 You may submit your comments and
                                                    Pruitt (GA), Tony E. Pullen (IN),                     of two years is likely to achieve a level             material online or by fax, mail, or hand
                                                    Michael M. Sanchez (NM), Joseph                       of safety equal to that existing without              delivery, but please use only one of
                                                    Sawicki, III (NY), Nathaniel Scales Jr.               the exemption. The drivers were                       these means. FMCSA recommends that
                                                    (DE), Michael Schrock III (TN), Jimmy                 included in docket numbers FMCSA–                     you include your name and a mailing
                                                    W. Scroggins (AR), Michael Steinman                   2006–26601; FMCSA–2009–0115;                          address, an email address, or a phone
                                                    (PA), Mark A. Stromberg (MN),                         FMCSA–2011–0080; FMCSA–2011–                          number in the body of your document
                                                    Christopher T. Thieneman (KY),                        0093; FMCSA–2011–0103; FMCSA–                         so that FMCSA can contact you if there
                                                    Daniel J. Wagner (TX), Andrew J.                      2013–0015; FMCSA–2013–0016;                           are questions regarding your
                                                    White (IA), Michael D. Ziegler (PA).                  FMCSA–2013–0017; FMCSA–2015–                          submission.
                                                    The drivers were included in docket                   0058; FMCSA–2015–0059.                                   To submit your comment online, go to
                                                  No. FMCSA–2013–0016; FMCSA–2013–                        IV. Request for Comments                              http://www.regulations.gov and in the
                                                  0017. Their exemptions are effective as                                                                       search box insert the docket numbers
                                                  of June 20, 2017, and will expire on                       FMCSA will review comments
                                                                                                                                                                FMCSA–2006–26601; FMCSA–2009–
                                                  June 20, 2019.                                          received at any time concerning a
                                                                                                          particular driver’s safety record and                 0115; FMCSA–2011–0080; FMCSA–
                                                    As of June 24, 2017, and in                                                                                 2011–0093; FMCSA–2011–0103;
                                                  accordance with 49 U.S.C. 31136(e) and                  determine if the continuation of the
                                                                                                          exemption is consistent with the                      FMCSA–2013–0015; FMCSA–2013–
                                                  31315, the following 12 individuals
                                                                                                          requirements at 49 U.S.C. 31136(e) and                0016; FMCSA–2013–0017; FMCSA–
                                                  have satisfied the renewal conditions for
                                                                                                          31315. However, FMCSA requests that                   2015–0058; FMCSA–2015–0059 and
                                                  obtaining an exemption from the rule
                                                  prohibiting drivers with ITDM from                      interested parties with specific data                 click the search button. When the new
                                                  driving CMVs in interstate commerce.                    concerning the safety records of these                screen appears, click on the blue
                                                  (76 FR 25769; 76 FR 37171):                             drivers submit comments by June 14,                   ‘‘Comment Now!’’ button on the right
                                                                                                          2017.                                                 hand side of the page. On the new page,
                                                  John C. Beason, Jr. (TN), Adam R.
                                                                                                             FMCSA believes that the                            enter information required including the
                                                    Errickson (NJ), Jon M. Greiner (MN),
                                                    Gregory M. Hoyt (VT), Robert E.                       requirements for a renewal of an                      specific section of this document to
                                                    Jackson (NC), Kimm D. Jacobson                        exemption under 49 U.S.C. 31136(e) and                which each comment applies, and
                                                    (MN), Daryl D. Jibben (MN), Jimmy G.                  31315 can be satisfied by initially                   provide a reason for each suggestion or
                                                    Lee, Jr. (NC), Daniel S. May (IA),                    granting the renewal and then                         recommendation. If you submit your
                                                    Gerald D. McElya (TX), Donald B.                      requesting and evaluating, if needed,                 comments by mail or hand delivery,
                                                    Ramaley (PA), Floyd M. Tyler (PA).                    subsequent comments submitted by                      submit them in an unbound format, no
                                                                                                          interested parties. As indicated above,               larger than 81⁄2 by 11 inches, suitable for
                                                    The drivers were included in docket
                                                                                                          the Agency previously published                       copying and electronic filing. If you
                                                  No. FMCSA–2011–0103. Their
                                                                                                          notices of final disposition announcing               submit comments by mail and would
                                                  exemptions are effective as of June 24,
                                                                                                          its decision to exempt these 145                      like to know that they reached the
                                                  2017, and will expire on June 24, 2019.
                                                                                                          individuals from rule prohibiting                     facility, please enclose a stamped, self-
                                                    As of June 28, 2017, and in
                                                                                                          persons with ITDM from operating                      addressed postcard or envelope.
                                                  accordance with 49 U.S.C. 31136(e) and
                                                                                                          CMVs in interstate commerce in 49 CFR
                                                  31315, the following 7 individuals have                                                                          We will consider all comments and
                                                                                                          391.41(b)(3). The final decision to grant
                                                  satisfied the renewal conditions for                                                                          material received during the comment
                                                                                                          an exemption to each of these
                                                  obtaining an exemption from the rule                                                                          period. FMCSA may issue a final
                                                                                                          individuals was made on the merits of
                                                  prohibiting drivers with ITDM from                                                                            determination at any time after the close
                                                                                                          each case and made only after careful
                                                  driving CMVs in interstate commerce.                                                                          of the comment period.
                                                                                                          consideration of the comments received
                                                  (76 FR 21792; 76 FR 37882):
                                                                                                          to its notices of applications. The                   VI. Viewing Comments and Documents
                                                  Terry J. Johnson (MN), Todd L.                          notices of applications stated in detail
                                                    McAuley (NC), Stephen A. Miles                        the medical condition of each applicant                  To view comments, as well as any
                                                    (OH), Edgar M. Ridlon, Jr. (VT),                      for an exemption from rule prohibiting                documents mentioned in this preamble,
                                                    Andrew M. Schutt (IL), John W.                        persons with ITDM from operating                      go to http://www.regulations.gov and in
                                                    Wortman (WI), Kemlyn K. Yowell                        CMVs in interstate commerce. That                     the search box insert the docket number
                                                    (OH).                                                 information is available by consulting                FMCSA–2006–26601; FMCSA–2009–
                                                    The drivers were included in docket                   the above cited Federal Register                      0115; FMCSA–2011–0080; FMCSA–
                                                  No. FMCSA–2011–0093. Their                              publications.                                         2011–0093; FMCSA–2011–0103;
                                                  exemptions are effective as of June 28,                    Interested parties or organizations                FMCSA–2013–0015; FMCSA–2013–
                                                  2017, and will expire on June 28, 2019.                 possessing information that would                     0016; FMCSA–2013–0017; FMCSA–
                                                    Each of the 145 drivers in the                        otherwise show that any, or all, of these             2015–0058; FMCSA–2015–0059 and
                                                  aforementioned groups qualifies for a                   drivers are not currently achieving the               click ‘‘Search.’’ Next, click ‘‘Open
                                                  renewal of the exemption. They have                     statutory level of safety should                      Docket Folder’’ and you will find all
                                                  maintained their required medical                       immediately notify FMCSA. The
                                                                                                                                                                documents and comments related to this
                                                  monitoring and have not exhibited any                   Agency will evaluate any adverse
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                                                                                notice.
                                                  medical issues that would compromise                    evidence submitted and, if safety is
                                                  their ability to safely operate a CMV                   being compromised or if continuation of                 Issued on: May 8, 2017.
                                                  during the previous 2-year exemption                    the exemption would not be consistent                 Larry W. Minor,
                                                  period.                                                 with the goals and objectives of 49                   Associate Administrator for Policy.
                                                    These factors provide an adequate                     U.S.C. 31136(e) and 31315, FMCSA will                 [FR Doc. 2017–09737 Filed 5–12–17; 8:45 am]
                                                  basis for predicting each driver’s ability              take immediate steps to revoke the
                                                                                                                                                                BILLING CODE 4910–EX–P
                                                  to continue to drive safely in interstate               exemption of a driver.


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Document Created: 2017-05-13 02:38:33
Document Modified: 2017-05-13 02:38:33
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 June 14, 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 22382 

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