82_FR_26329 82 FR 26222 - Qualification of Drivers; Exemption Applications; Diabetes

82 FR 26222 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 107 (June 6, 2017)

Page Range26222-26224
FR Document2017-11637

FMCSA announces its decision to renew the exemptions of 134 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 107 (Tuesday, June 6, 2017)
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26222-26224]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11637]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-27387; FMCSA-2008-0137; FMCSA-2009-0122; FMCSA-
2011-0143; FMCSA-2013-0018; FMCSA-2015-0060; FMCSA-2015-0061]


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 134 
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 
July 6, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. FMCSA-2007-27387; FMCSA-
2008-0137; FMCSA-2009-0122; FMCSA-2011-0143; FMCSA-2013-0018; FMCSA-
2015-0060; FMCSA-2015-0061 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 134 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 134 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. These 134 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

[[Page 26223]]

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 July and are 
discussed below.
    As of July 2, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 24 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 27625; 72 FR 
36101; 78 FR 26419; 78 FR 39825):

Darrell L. Allen (MO)
Luis A. Alvarez (MD)
Jeffery C. Badberg (NE)
Kevin W. Bender (NY)
Ricky N. Blankenship (UT)
Ronnie T. Bledsoe (NC)
Kevin E. Blythe (AR)
Clayton J. Bragg (IN)
Jessie W. Burnett (KS)
Cary W. Chase (CO)
Peggy A. Colbert (GA)
Ernest R. Copeland (PA)
Jerry L. Grimit (IA)
Robert J. Guilford (NY)
Lucas C. Hansen (IA)
Bruce K. Harris (TX)
Michael G. Lorelli (NY)
James M. McClarnon (RI)
Franklin C. Perrin (IA)
Douglas F. Reinke (WI)
Timothy S. Seitz (IN)
Daniel L. Smith (NE)
Randall J. Stoller (IL)
Jeffrey A. Withers (MI)

    The drivers were included in one of the following docket Nos: 
FMCSA-2007-27387; FMCSA-2013-0018. Their exemptions are effective as of 
July 2, 2017, and will expire on July 2, 2019.
    As of July 7, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 33 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (80 FR 31949; 80 FR 
49299):

Craig S. Barton (UT)
Kevin H. Bennerson (NY)
Eugene Butler (AR)
Allen D. Clise (MD)
John W. Dillard (TX)
Derek P. Elkins (AZ)
Joshua J. Ellett (IN)
Raymond C. Erschen (PA)
Dominic C. Frisina (PA)
David D. Gambill (NC)
Alan G. Gladhill (MD)
Richard A. Hall (IL)
Craig L. Jackson (WY)
Wayne A. Jadezuk (NY)
Lee L. Kropp (WI)
David E. Lawton (MA)
Babe A. Lisai (NY)
Adrian Martinez-Alba (TX)
Daniel Mendolia (NY)
Timothy W. Olden (NJ)
John Palermo (NJ)
John N. Peterson (WI)
Robert L. Potter, Jr. (NH)
Todd M. Raether (NE)
Michael A. Ramsey (CT)
Peter B. Rzadkowski, Jr. (IL)
Michael A. Scavotto (MA)
Steven J. Schmitt (MN)
Douglas J. Smith (NY)
Carmen M. Stellitano (PA)
Andy L. Strommenger (CO)
Robert T. Warriner (NJ)
Ellis E. Wilkins (MA)

    The drivers were included in Docket No. FMCSA-2015-0060. Their 
exemptions are effective as of July 7, 2017, and will expire on July 7, 
2019.
    As of July 23, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 33 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (80 FR 35705; 80 FR 
48393):

Daniel E. Benes (WI)
William E. Blake (TX)
Thomas M. Burns (NJ)
George W. Cahall (DE)
John T. Curry (TN)
Christopher A. DiCioccio (CT)
Johnny L. Emory (KS)
Ike Gibbs (CA)
Juan Gomez, Jr. (IA)
George A. Gross (NY)
Grover D. Johnson (NY)
Francis D. Judd (MA)
George S. Kean (NH)
Yehuda Lauber (NY)
Kyle A. Mininger (AL)
John T. Murchison, Jr. (TN)
Axel J.M. Murphy (MN)
Charles M. Naylis (PA)
Craig J. Nelson (IL)
Richard A. Nigro (NJ)
Thomas S. O'Brien (TX)
Paul T. Ozbun (OK)
Modesto F. Pedote (NY)
David M. Pomeroy (IA)
Matthew C. Preston (KY)
Anthony A. Rachuy (MN)
Dwight B. Richardson (OK)
James C. Rocco (NJ)
Patrick J. Severance (NY)
Billy L. Wagner (IL)
Steven L. Wear (ND)
James T. Young (MI)
David J. Zelhart (IL)

    The drivers were included in docket No. FMCSA-2015-0061. Their 
exemptions are effective as of July 23, 2017, and will expire on July 
23, 2019.
    As of July 26, 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 (76 FR 32012; 76 FR 
44650):

Teddy L. Beach (ND)
Franklin L. Bell (NE)
Jeffrey F. Borelli (OH)
Dale E. Burke (WA)
Boyd L. Croshaw (UT)
Derek Haagensen (MN)
Todd J. Smith (NY)
Andrew C. Winsberg (WA)
Nathan E. Woodin (IL)
Vicky A. Yernesek (WI)

    The drivers were included in docket No. FMCSA-2011-0143. Their 
exemptions are effective as of July 26, 2017, and will expire on July 
26, 2019.
    As of July 28, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 34 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 33144; 73 FR 
43817; 74 FR 26467; 74 FR 37293):

Jeromy B. Birchard (MN)
Bradley M. Brown (TX)
Robert F. Browne III (NH)
William M. Camp (GA)
Robert F. Carter (IN)
Scott A. Cary (NC)
Eugene W. Clark, Jr. (WI)
William D. Cornwell III (OH)
Adam F. Demeter (NY)
Brian P. Dionne (NH)
Richard C. Dunn (CT)
Donald K. Ennis (NC)
Larry A. Fritz (PA)
Jerret L. Gerber (WI)
Alan L. Johnson (WA)
Richard B. Lorimer (MO)
Lester J. Manis (MD)
Troy A. Martinson (WI)
Richard L. Miller (OH)
Jerome A. Mjolsness (MN)
Richard Murphy (NH)
Edward F. Murray (NY)
Nicholas W. Pomnitz (NJ)
Clayton M. Reynolds (WA)
Brandon M. Ross (ND)
Jeffrey S. SaintVincent (CA)
Patrick D. Schiller (MI)

[[Page 26224]]

Bruce D. Schmoyer (PA)
Joseph E. Sobiech (WI)
James L. Swedenburg (MN)
Gary A. Sweeney (NY)
Lawrence M. Tanner (NV)
Robert D. Tarkington (AK)
Joshua C. Webb (AR)

    The drivers were included in one of the following docket Nos: 
FMCSA-2008-0137; FMCSA-2009-0122. Their exemptions are effective as of 
July 28, 2017, and will expire on July 28, 2019.
    Each of the 134 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 
134 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-2007-27387; FMCSA-2008-0137; FMCSA-
2009-0122; FMCSA-2011-0143; FMCSA-2013-0018; FMCSA-2015-0060; FMCSA-
2015-0061.

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 July 6, 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 134 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-2007-27387; FMCSA-
2008-0137; FMCSA-2009-0122; FMCSA-2011-0143; FMCSA-2013-0018; FMCSA-
2015-0060; FMCSA-2015-0061 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-2007-27387; FMCSA-2008-0137; FMCSA-2009-0122; 
FMCSA-2011-0143; FMCSA-2013-0018; FMCSA-2015-0060; FMCSA-2015-0061 and 
click ``Search.'' Next, click ``Open Docket Folder'' and you will find 
all documents and comments related to this notice.

    Issued on: May 26, 2017.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-11637 Filed 6-5-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  26222                           Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices

                                                  convicted of a disqualifying offense                    stated in the discussions below.                       Programs Division, 202–366–4001,
                                                  under § 383.51 or § 391.15 of the                       Comments must be received on or                        fmcsamedical@dot.gov, FMCSA,
                                                  FMCSRs.                                                 before July 6, 2017.                                   Department of Transportation, 1200
                                                    In accordance with 49 U.S.C. 31315                    ADDRESSES: You may submit comments                     New Jersey Avenue SE., Room W64–
                                                  and 31136(e), the exemption will be                     bearing the Federal Docket Management                  113, Washington, DC 20590–0001.
                                                  valid for 5 years unless revoked earlier                System (FDMS) numbers: Docket No.                      Office hours are from 8 a.m. to 5:30
                                                  by the FMCSA. The exemption will be                     FMCSA–2007–27387; FMCSA–2008–                          p.m., e.t., Monday through Friday,
                                                  revoked if: (1) Mr. Zeilinger fails to                  0137; FMCSA–2009–0122; FMCSA–                          except Federal holidays.
                                                  comply with the terms and conditions                    2011–0143; FMCSA–2013–0018;                            SUPPLEMENTARY INFORMATION:
                                                  of the exemption; (2) the exemption                     FMCSA–2015–0060; FMCSA–2015–
                                                  results in a lower level of safety than                                                                        I. Background
                                                                                                          0061 using any of the following
                                                  was maintained before it was granted; or                methods:                                                  Under 49 U.S.C. 31136(e) and 31315,
                                                  (3) continuation of the exemption would                   • Federal eRulemaking Portal: Go to                  FMCSA may renew an exemption from
                                                  be inconsistent with the goals and                      http://www.regulations.gov. Follow the                 the Federal Motor Carrier Safety
                                                  objectives of 49 U.S.C. 31315 and 31136.                on-line instructions for submitting                    Regulations 2-year period if it finds
                                                                                                          comments.                                              ‘‘such exemption would likely achieve a
                                                  VIII. Preemption                                          • Mail: Docket Management Facility;                  level of safety that is equivalent to or
                                                    In accordance with 49 U.S.C.                          U.S. Department of Transportation, 1200                greater than the level that would be
                                                  31315(d), as implemented by 49 CFR                      New Jersey Avenue SE., West Building                   achieved absent such exemption.’’ The
                                                  381.600, during the period this                         Ground Floor, Room W12–140,                            statute also allows the Agency to renew
                                                  exemption is in effect, no State shall                  Washington, DC 20590–0001.                             exemptions at the end of the 2-year
                                                  enforce any law or regulation applicable                  • Hand Delivery or Courier: West                     period. The 134 individuals listed in
                                                  to interstate or intrastate commerce that               Building Ground Floor, Room W12–140,                   this notice have recently become
                                                  conflicts with or is inconsistent with                  1200 New Jersey Avenue SE.,                            eligible for a renewed exemption from
                                                  this exemption with respect to a firm or                Washington, DC, between 9 a.m. and 5                   the diabetes prohibition in 49 CFR
                                                  person operating under the exemption.                   p.m., e.t., Monday through Friday,                     391.41(b)(3), which applies to drivers of
                                                    Issued on: May 26, 2017.                              except Federal Holidays.                               CMVs in interstate commerce. The
                                                                                                            • Fax: 1–202–493–2251.                               drivers remain in good standing with
                                                  Daphne Y. Jefferson,
                                                                                                            Instructions: Each submission must                   the Agency, have maintained their
                                                  Deputy Administrator.                                   include the Agency name and the                        required medical monitoring and have
                                                  [FR Doc. 2017–11647 Filed 6–5–17; 8:45 am]              docket number for this notice. Note that               not exhibited any medical issues that
                                                  BILLING CODE 4910–EX–P                                  DOT posts all comments received                        would compromise their ability to safely
                                                                                                          without change to http://                              operate a CMV during the previous 2-
                                                                                                          www.regulations.gov, including any                     year exemption period.
                                                  DEPARTMENT OF TRANSPORTATION                            personal information included in a
                                                                                                          comment. Please see the Privacy Act                    II. Exemption Decision
                                                  Federal Motor Carrier Safety
                                                                                                          heading below.                                            This notice addresses 134 individuals
                                                  Administration                                            Docket: For access to the docket to                  who have requested renewal of their
                                                  [Docket No. FMCSA–2007–27387; FMCSA–                    read background documents or                           exemptions in accordance with FMCSA
                                                  2008–0137; FMCSA–2009–0122; FMCSA–                      comments, go to http://                                procedures. These 134 drivers remain in
                                                  2011–0143; FMCSA–2013–0018; FMCSA–                      www.regulations.gov at any time or                     good standing with the Agency, have
                                                  2015–0060; FMCSA–2015–0061]                             Room W12–140 on the ground level of                    maintained their required medical
                                                                                                          the West Building, 1200 New Jersey                     monitoring and have not exhibited any
                                                  Qualification of Drivers; Exemption
                                                                                                          Avenue, SE., Washington, DC, between                   medical issues that would compromise
                                                  Applications; Diabetes
                                                                                                          9 a.m. and 5 p.m., e.t., Monday through                their ability to safely operate a CMV
                                                  AGENCY: Federal Motor Carrier Safety                    Friday, except Federal holidays. The                   during the previous 2-year exemption
                                                  Administration (FMCSA), DOT.                            Federal Docket Management System                       period. Therefore, FMCSA has decided
                                                  ACTION: Notice of renewal of                            (FDMS) is available 24 hours each day,                 to extend each exemption for a
                                                  exemptions; request for comments.                       365 days each year. If you want                        renewable two-year period. Each
                                                                                                          acknowledgment that we received your                   individual is identified according to the
                                                  SUMMARY:   FMCSA announces its                          comments, please include a self-                       renewal date.
                                                  decision to renew the exemptions of 134                 addressed, stamped envelope or                            The exemptions are renewed subject
                                                  individuals from its rule prohibiting                   postcard or print the acknowledgement                  to the following conditions: (1) That
                                                  persons with insulin-treated diabetes                   page that appears after submitting                     each individual submit a quarterly
                                                  mellitus (ITDM) from operating                          comments on-line.                                      monitoring checklist completed by the
                                                  commercial motor vehicles (CMVs) in                       Privacy Act: Anyone may search the                   treating endocrinologist as well as an
                                                  interstate commerce. FMCSA has                          electronic form of all comments                        annual checklist with a comprehensive
                                                  statutory authority to exempt                           received into any of our dockets by the                medical evaluation; (2) that each
                                                  individuals from this rule if the                       name of the individual submitting the                  individual reports within 2 business
                                                  exemptions granted will not                             comment (or of the person signing the                  days of occurrence, all episodes of
                                                  compromise safety. The Agency has                       comment, if submitted on behalf of an                  severe hypoglycemia, significant
                                                  concluded that granting these                           association, business, labor union, etc.).             complications, or inability to manage
mstockstill on DSK30JT082PROD with NOTICES




                                                  exemption renewals will provide a level                 You may review DOT’s Privacy Act                       diabetes; also, any involvement in an
                                                  of safety that is equivalent to or greater              Statement for the Federal Docket                       accident or any other adverse event in
                                                  than the level of safety maintained                     Management System (FDMS) published                     a CMV or personal vehicle, whether or
                                                  without the exemptions for these CMV                    in the Federal Register on January 17,                 not it is related to an episode of
                                                  drivers.                                                2008 (73 FR 3316).                                     hypoglycemia; (3) that each individual
                                                  DATES: Each group of renewed                            FOR FURTHER INFORMATION CONTACT: Ms.                   submit an annual ophthalmologist’s or
                                                  exemptions are effective from the dates                 Christine A. Hydock, Chief, Medical                    optometrist’s report; and (4) that each


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                                                                                  Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices                                           26223

                                                  individual provide a copy of the annual                 Allen D. Clise (MD)                                    Dwight B. Richardson (OK)
                                                  medical certification to the employer for               John W. Dillard (TX)                                   James C. Rocco (NJ)
                                                  retention in the driver’s qualification                 Derek P. Elkins (AZ)                                   Patrick J. Severance (NY)
                                                  file, or keep a copy in his/her driver’s                Joshua J. Ellett (IN)                                  Billy L. Wagner (IL)
                                                  qualification file if he/she is self-                   Raymond C. Erschen (PA)                                Steven L. Wear (ND)
                                                  employed. The driver must also have a                   Dominic C. Frisina (PA)                                James T. Young (MI)
                                                  copy of the certification when driving,                 David D. Gambill (NC)                                  David J. Zelhart (IL)
                                                  for presentation to a duly authorized                   Alan G. Gladhill (MD)                                     The drivers were included in docket
                                                  Federal, State, or local enforcement                    Richard A. Hall (IL)                                   No. FMCSA–2015–0061. Their
                                                  official.                                               Craig L. Jackson (WY)                                  exemptions are effective as of July 23,
                                                                                                          Wayne A. Jadezuk (NY)                                  2017, and will expire on July 23, 2019.
                                                  III. Basis for Renewing Exemptions                      Lee L. Kropp (WI)                                         As of July 26, 2017, and in accordance
                                                     Under 49 U.S.C. 31315(b)(1), an                      David E. Lawton (MA)                                   with 49 U.S.C. 31136(e) and 31315, the
                                                  exemption may be granted for no longer                  Babe A. Lisai (NY)                                     following 10 individuals have satisfied
                                                  than two years from its approval date                   Adrian Martinez-Alba (TX)                              the renewal conditions for obtaining an
                                                  and may be renewed upon application                     Daniel Mendolia (NY)                                   exemption from the rule prohibiting
                                                  for additional two year periods. The                    Timothy W. Olden (NJ)                                  drivers with ITDM from driving CMVs
                                                  following groups of drivers received                    John Palermo (NJ)                                      in interstate commerce (76 FR 32012; 76
                                                  renewed exemptions in the month of                      John N. Peterson (WI)                                  FR 44650):
                                                  July and are discussed below.                           Robert L. Potter, Jr. (NH)                             Teddy L. Beach (ND)
                                                     As of July 2, 2017, and in accordance                Todd M. Raether (NE)                                   Franklin L. Bell (NE)
                                                  with 49 U.S.C. 31136(e) and 31315, the                  Michael A. Ramsey (CT)                                 Jeffrey F. Borelli (OH)
                                                  following 24 individuals have satisfied                 Peter B. Rzadkowski, Jr. (IL)                          Dale E. Burke (WA)
                                                  the renewal conditions for obtaining an                 Michael A. Scavotto (MA)                               Boyd L. Croshaw (UT)
                                                  exemption from the rule prohibiting                     Steven J. Schmitt (MN)                                 Derek Haagensen (MN)
                                                  drivers with ITDM from driving CMVs                     Douglas J. Smith (NY)                                  Todd J. Smith (NY)
                                                  in interstate commerce (72 FR 27625; 72                 Carmen M. Stellitano (PA)                              Andrew C. Winsberg (WA)
                                                  FR 36101; 78 FR 26419; 78 FR 39825):                    Andy L. Strommenger (CO)                               Nathan E. Woodin (IL)
                                                  Darrell L. Allen (MO)                                   Robert T. Warriner (NJ)                                Vicky A. Yernesek (WI)
                                                  Luis A. Alvarez (MD)                                    Ellis E. Wilkins (MA)
                                                                                                                                                                    The drivers were included in docket
                                                  Jeffery C. Badberg (NE)                                   The drivers were included in Docket                  No. FMCSA–2011–0143. Their
                                                  Kevin W. Bender (NY)                                    No. FMCSA–2015–0060. Their                             exemptions are effective as of July 26,
                                                  Ricky N. Blankenship (UT)                               exemptions are effective as of July 7,                 2017, and will expire on July 26, 2019.
                                                  Ronnie T. Bledsoe (NC)                                  2017, and will expire on July 7, 2019.                    As of July 28, 2017, and in accordance
                                                  Kevin E. Blythe (AR)                                      As of July 23, 2017, and in accordance               with 49 U.S.C. 31136(e) and 31315, the
                                                  Clayton J. Bragg (IN)                                   with 49 U.S.C. 31136(e) and 31315, the                 following 34 individuals have satisfied
                                                  Jessie W. Burnett (KS)                                  following 33 individuals have satisfied                the renewal conditions for obtaining an
                                                  Cary W. Chase (CO)                                      the renewal conditions for obtaining an                exemption from the rule prohibiting
                                                  Peggy A. Colbert (GA)                                   exemption from the rule prohibiting                    drivers with ITDM from driving CMVs
                                                  Ernest R. Copeland (PA)                                 drivers with ITDM from driving CMVs                    in interstate commerce (73 FR 33144; 73
                                                  Jerry L. Grimit (IA)                                    in interstate commerce (80 FR 35705; 80                FR 43817; 74 FR 26467; 74 FR 37293):
                                                  Robert J. Guilford (NY)                                 FR 48393):
                                                                                                                                                                 Jeromy B. Birchard (MN)
                                                  Lucas C. Hansen (IA)                                    Daniel E. Benes (WI)                                   Bradley M. Brown (TX)
                                                  Bruce K. Harris (TX)                                    William E. Blake (TX)                                  Robert F. Browne III (NH)
                                                  Michael G. Lorelli (NY)                                 Thomas M. Burns (NJ)                                   William M. Camp (GA)
                                                  James M. McClarnon (RI)                                 George W. Cahall (DE)                                  Robert F. Carter (IN)
                                                  Franklin C. Perrin (IA)                                 John T. Curry (TN)                                     Scott A. Cary (NC)
                                                  Douglas F. Reinke (WI)                                  Christopher A. DiCioccio (CT)                          Eugene W. Clark, Jr. (WI)
                                                  Timothy S. Seitz (IN)                                   Johnny L. Emory (KS)                                   William D. Cornwell III (OH)
                                                  Daniel L. Smith (NE)                                    Ike Gibbs (CA)                                         Adam F. Demeter (NY)
                                                  Randall J. Stoller (IL)                                 Juan Gomez, Jr. (IA)                                   Brian P. Dionne (NH)
                                                  Jeffrey A. Withers (MI)                                 George A. Gross (NY)                                   Richard C. Dunn (CT)
                                                     The drivers were included in one of                  Grover D. Johnson (NY)                                 Donald K. Ennis (NC)
                                                  the following docket Nos: FMCSA–                        Francis D. Judd (MA)                                   Larry A. Fritz (PA)
                                                  2007–27387; FMCSA–2013–0018. Their                      George S. Kean (NH)                                    Jerret L. Gerber (WI)
                                                  exemptions are effective as of July 2,                  Yehuda Lauber (NY)                                     Alan L. Johnson (WA)
                                                  2017, and will expire on July 2, 2019.                  Kyle A. Mininger (AL)                                  Richard B. Lorimer (MO)
                                                     As of July 7, 2017, and in accordance                John T. Murchison, Jr. (TN)                            Lester J. Manis (MD)
                                                  with 49 U.S.C. 31136(e) and 31315, the                  Axel J.M. Murphy (MN)                                  Troy A. Martinson (WI)
                                                  following 33 individuals have satisfied                 Charles M. Naylis (PA)                                 Richard L. Miller (OH)
                                                  the renewal conditions for obtaining an                 Craig J. Nelson (IL)                                   Jerome A. Mjolsness (MN)
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                                                  exemption from the rule prohibiting                     Richard A. Nigro (NJ)                                  Richard Murphy (NH)
                                                  drivers with ITDM from driving CMVs                     Thomas S. O’Brien (TX)                                 Edward F. Murray (NY)
                                                  in interstate commerce (80 FR 31949; 80                 Paul T. Ozbun (OK)                                     Nicholas W. Pomnitz (NJ)
                                                  FR 49299):                                              Modesto F. Pedote (NY)                                 Clayton M. Reynolds (WA)
                                                  Craig S. Barton (UT)                                    David M. Pomeroy (IA)                                  Brandon M. Ross (ND)
                                                  Kevin H. Bennerson (NY)                                 Matthew C. Preston (KY)                                Jeffrey S. SaintVincent (CA)
                                                  Eugene Butler (AR)                                      Anthony A. Rachuy (MN)                                 Patrick D. Schiller (MI)


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                                                  26224                           Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices

                                                  Bruce D. Schmoyer (PA)                                  the medical condition of each applicant                FMCSA–2007–27387; FMCSA–2008–
                                                  Joseph E. Sobiech (WI)                                  for an exemption from rule prohibiting                 0137; FMCSA–2009–0122; FMCSA–
                                                  James L. Swedenburg (MN)                                persons with ITDM from operating                       2011–0143; FMCSA–2013–0018;
                                                  Gary A. Sweeney (NY)                                    CMVs in interstate commerce. That                      FMCSA–2015–0060; FMCSA–2015–
                                                  Lawrence M. Tanner (NV)                                 information is available by consulting                 0061 and click ‘‘Search.’’ Next, click
                                                  Robert D. Tarkington (AK)                               the above cited Federal Register                       ‘‘Open Docket Folder’’ and you will find
                                                  Joshua C. Webb (AR)                                     publications.                                          all documents and comments related to
                                                    The drivers were included in one of                     Interested parties or organizations                  this notice.
                                                  the following docket Nos: FMCSA–                        possessing information that would
                                                  2008–0137; FMCSA–2009–0122. Their                                                                                Issued on: May 26, 2017.
                                                                                                          otherwise show that any, or all, of these
                                                  exemptions are effective as of July 28,                                                                        Larry W. Minor,
                                                                                                          drivers are not currently achieving the
                                                  2017, and will expire on July 28, 2019.                 statutory level of safety should                       Associate Administrator for Policy.
                                                    Each of the 134 drivers in the                        immediately notify FMCSA. The                          [FR Doc. 2017–11637 Filed 6–5–17; 8:45 am]
                                                  aforementioned groups qualifies for a                   Agency will evaluate any adverse                       BILLING CODE 4910–EX–P
                                                  renewal of the exemption. They have                     evidence submitted and, if safety is
                                                  maintained their required medical                       being compromised or if continuation of
                                                  monitoring and have not exhibited any                   the exemption would not be consistent                  DEPARTMENT OF TRANSPORTATION
                                                  medical issues that would compromise                    with the goals and objectives of 49
                                                  their ability to safely operate a CMV                   U.S.C. 31136(e) and 31315, FMCSA will                  Federal Motor Carrier Safety
                                                  during the previous 2-year exemption                    take immediate steps to revoke the                     Administration
                                                  period.                                                 exemption of a driver.                                 [Docket No. FMCSA–2017–0014]
                                                    These factors provide an adequate
                                                  basis for predicting each driver’s ability              V. Submitting Comments                                 Qualification of Drivers; Exemption
                                                  to continue to drive safely in interstate                  You may submit your comments and                    Applications; Vision
                                                  commerce. Therefore, FMCSA                              material online or by fax, mail, or hand
                                                  concludes that extending the exemption                  delivery, but please use only one of                   AGENCY: Federal Motor Carrier Safety
                                                  for each of the 134 drivers for a period                these means. FMCSA recommends that                     Administration (FMCSA), DOT.
                                                  of two years is likely to achieve a level               you include your name and a mailing                    ACTION: Notice of final disposition.
                                                  of safety equal to that existing without                address, an email address, or a phone                  SUMMARY:    FMCSA announces its
                                                  the exemption. The drivers were                         number in the body of your document                    decision to exempt 21 individuals from
                                                  included in docket numbers FMCSA–                       so that FMCSA can contact you if there                 the vision requirement in the Federal
                                                  2007–27387; FMCSA–2008–0137;                            are questions regarding your                           Motor Carrier Safety Regulations
                                                  FMCSA–2009–0122; FMCSA–2011–                            submission.                                            (FMCSRs). They are unable to meet the
                                                  0143; FMCSA–2013–0018; FMCSA–                              To submit your comment online, go to                vision requirement in one eye for
                                                  2015–0060; FMCSA–2015–0061.                             http://www.regulations.gov and in the                  various reasons. The exemptions will
                                                                                                          search box insert the docket numbers                   enable these individuals to operate
                                                  IV. Request for Comments
                                                                                                          FMCSA–2007–27387; FMCSA–2008–                          commercial motor vehicles (CMVs) in
                                                     FMCSA will review comments                           0137; FMCSA–2009–0122; FMCSA–
                                                  received at any time concerning a                                                                              interstate commerce without meeting
                                                                                                          2011–0143; FMCSA–2013–0018;                            the prescribed vision requirement in
                                                  particular driver’s safety record and                   FMCSA–2015–0060; FMCSA–2015–
                                                  determine if the continuation of the                                                                           one eye. The Agency has concluded that
                                                                                                          0061 and click the search button. When                 granting these exemptions will provide
                                                  exemption is consistent with the                        the new screen appears, click on the
                                                  requirements at 49 U.S.C. 31136(e) and                                                                         a level of safety that is equivalent to or
                                                                                                          blue ‘‘Comment Now!’’ button on the                    greater than the level of safety
                                                  31315. However, FMCSA requests that                     right hand side of the page. On the new
                                                  interested parties with specific data                                                                          maintained without the exemptions for
                                                                                                          page, enter information required                       these CMV drivers.
                                                  concerning the safety records of these                  including the specific section of this
                                                  drivers submit comments by July 6,                                                                             DATES: The exemptions were granted
                                                                                                          document to which each comment
                                                  2017.                                                   applies, and provide a reason for each                 May 13, 2017. The exemptions expire
                                                     FMCSA believes that the                              suggestion or recommendation. If you                   on May 13, 2019.
                                                  requirements for a renewal of an                        submit your comments by mail or hand                   FOR FURTHER INFORMATION CONTACT: Ms.
                                                  exemption under 49 U.S.C. 31136(e) and                  delivery, submit them in an unbound                    Christine A. Hydock, Chief, Medical
                                                  31315 can be satisfied by initially                     format, no larger than 81⁄2 by 11 inches,              Programs Division, (202) 366–4001,
                                                  granting the renewal and then                           suitable for copying and electronic                    fmcsamedical@dot.gov, FMCSA,
                                                  requesting and evaluating, if needed,                   filing. If you submit comments by mail                 Department of Transportation, 1200
                                                  subsequent comments submitted by                        and would like to know that they                       New Jersey Avenue SE., Room W64–
                                                  interested parties. As indicated above,                 reached the facility, please enclose a                 113, Washington, DC 20590–0001.
                                                  the Agency previously published                         stamped, self-addressed postcard or                    Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                                  notices of final disposition announcing                 envelope.                                              Monday through Friday, except Federal
                                                  its decision to exempt these 134                           We will consider all comments and                   holidays. If you have questions
                                                  individuals from rule prohibiting                       material received during the comment                   regarding viewing or submitting
                                                  persons with ITDM from operating                        period. FMCSA may issue a final                        material to the docket, contact Docket
                                                  CMVs in interstate commerce in 49 CFR                   determination at any time after the close              Services, telephone (202) 366–9826.
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                                                  391.41(b)(3). The final decision to grant               of the comment period.                                 SUPPLEMENTARY INFORMATION:
                                                  an exemption to each of these
                                                  individuals was made on the merits of                   VI. Viewing Comments and Documents                     I. Electronic Access
                                                  each case and made only after careful                     To view comments, as well as any                        You may see all the comments online
                                                  consideration of the comments received                  documents mentioned in this preamble,                  through the Federal Document
                                                  to its notices of applications. The                     go to http://www.regulations.gov and in                Management System (FDMS) at http://
                                                  notices of applications stated in detail                the search box insert the docket number                www.regulations.gov.


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Document Created: 2017-06-06 06:21:37
Document Modified: 2017-06-06 06:21:37
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 July 6, 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 26222 

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