82_FR_33682 82 FR 33544 - Qualification of Drivers; Exemption Applications; Diabetes

82 FR 33544 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 138 (July 20, 2017)

Page Range33544-33546
FR Document2017-14917

FMCSA announces its decision to renew exemptions of 132 individuals from its prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals with ITDM to continue to operate CMVs in interstate commerce.

Federal Register, Volume 82 Issue 138 (Thursday, July 20, 2017)
[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Notices]
[Pages 33544-33546]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14917]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-24016; FMCSA-2009-0067; FMCSA-2011-0040; FMCSA-
2011-0058; FMCSA-2013-0012; FMCSA-2013-0014; FMCSA-2014-0315; FMCSA-
2015-0057]


Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions of 132 
individuals from its prohibition in the Federal Motor Carrier Safety 
Regulations (FMCSRs) against persons with insulin-treated diabetes 
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in 
interstate commerce. The exemptions enable these individuals with ITDM 
to continue to operate CMVs in interstate commerce.

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

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

SUPPLEMENTARY INFORMATION:

I. Electronic Access

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

[[Page 33545]]

provides, to http://www.regulations.gov, as described in the system of 
records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy.

II. Background

    On April 17, 2017, FMCSA published a notice announcing its decision 
to renew exemptions for 132 individuals from the insulin-treated 
diabetes mellitus prohibition in 49 CFR 391.41(b)(3) to operate a CMV 
in interstate commerce and requested comments from the public (82 FR 
18206). The public comment period ended on May 17, 2017, and no 
comments were received.
    As stated in the previous notice, FMCSA has evaluated the 
eligibility of these applicants and determined that renewing these 
exemptions would achieve a level of safety equivalent to or greater 
than the level that would be achieved by complying with the current 
regulation 49 CFR 391.41(b)(3).
    The physical qualification standard for drivers regarding diabetes 
found in 49 CFR 391.41(b)(3) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of diabetes mellitus currently requiring 
insulin for control.

III. Discussion of Comments

    FMCSA received no comments in this preceding.

IV. Conclusion

    Based upon its evaluation of the 132 renewal exemption applications 
and that no comments were received, FMCSA confirms its' decision to 
exempt the following drivers from the rule prohibiting drivers with 
ITDM from driving CMVs in interstate commerce in 49 CFR 391.41(b)(3):
    As of May 3, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following nine 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 16032; 78 FR 
26107):

Maryland A. Chandler (KY)
Ronald D. Clark (AR)
Larry L. Eberly (PA)
Steven J. Fessler (IL)
Patrick L. Morningstar (MD)
Russell L. Stiley (CO)
Gary T. Stoutamyer (VA)
Jack K. Webster (KY)
Harry V. Wilhite, Jr. (AL)

    The drivers were included in docket No. FMCSA-2013-0014. Their 
exemptions are applicable as of May 3, 2017, and will expire on May 3, 
2019.
    As of May 6, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following nine 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 16758; 78 FR 
26422):

Victor L. Daniels (DE)
Kenneth T. Faborito (HI)
Kevin P. Lee (MN)
Duane W. Mansur (NH)
Fritz R. McBride (WI)
Arthur H. Olsen (AZ)
Jacob D. Parnaby (OH)
Brandon P. Wilson (NC)
Peter S. Zipperer (LA)

    The drivers were included in docket No. FMCSA-2013-0012. Their 
exemptions are applicable as of May 6, 2017, and will expire on May 6, 
2019.
    As of May 8, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 50 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 18681; 80 FR 
37716):

Rafael M. Alvarado (TX)
Mark J. Avedisian (NY)
Timothy J. Burke (MA)
Roger D. Cassada (VA)
Leonard W. Cleaves (MA)
Larry A. Cramer (SD)
Bradford A. Davies (ME)
Larry A. DeSanno (OR)
Robert S. Doering (IL)
Michael L. Domarus (MN)
Adan A. Espinoza (CA)
Howard E. Fruehling (IA)
Michael F. Gabbianelli (NJ)
James E. Goins (NJ)
Gregory J. Goodenbour (IA)
Michael D. Howell (NC)
Mayer Indorsky (NY)
Raymond J. Jacobs (NY)
Lyle J. Kaehler (WI)
Charles F. Kennedy (PA)
Curtis G. Krichbaum (PA)
Walter P. Leck (PA)
John R. Mauney (NC)
Derrell R. McCaskill (MD)
Eric O. McLamb (NC)
Michael S. Murray (IA)
Benjamin M. Naastad (ND)
Richard G. Niemi (WI)
Kenthia E. Norfleet (AL)
Donald M. Oakes (NH)
Robert E. Piernik (FL)
Harold E. Pratt (MO)
Jack C. Reed (NE)
Fernando Rivera (IL)
William J. Schmidt (MN)
Todd J. Schoeller (WI)
Gary H. Schrot (WI)
Ryan A. Snow (PA)
Kevin L. Sundh (UT)
William H. Terry (IN)
Duane K. Torlish, Jr. (NY)
Ronald W. Truitt (PA)
Timothy E. Vanderwiele (NY)
Leo D. Vermeire (WA)
Brian W. Walls (PA)
Gary L. Webster (VT)
Lance A. Wendinger (MN)
Allan W. Widener (GA)
Shane D. Wildoner (PA)
Kyle A. Wright (WA)

    The drivers were included in docket No. FMCSA-2014-0315. Their 
exemptions are applicable as of May 8, 2017, and will expire on May 8, 
2019.
    As of May 9, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 38 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 17475; 76 FR 
26792; 80 FR 18928; 80 FR 37726):

James R. Bledsoe (FL)
Sammy W. Bowlin (KS)
Durwin A. Brannon (NC)
Larry J. Carril (IL)
Jimmy E. Cole (TN)
Robert S. Colosimo (ND)
Joel F. Cook (NY)
James N. Coombs (NJ)
David A. Daniels (ME)
John A. DelGiudice (RI)
Mark J. Dias (MA)
Brian A. Foss (WY)
William A.H. Gardner (CA)
Steven M. Gilmour (MA)
Ismael Gonzalez (IN)
Charles A. Gudaitis (PA)
Cory A. Harker (UT)
Clark D. Holdeman (TX)
David A. Holwenger (WA)
Conrad J. Janik (NY)
David F. Kenny (NY)
George W. Key, Jr. (AL)
Michael O. Lancial (MI)
Robert E. McKenna (NY)
Gregory O. Morton (AL)
Frank A. Mowers (IL)
Charles H. Nichols (MI)
Robert L. Rush (PA)
Derek J. Scougal (VA)
Roy Silva (IL)
James L. Skinner (IA)
Crispin Tabangcura Jr. (HI)
Robert L. Terry (TN)
Rafael Torres, Jr. (FL)
Harold E. Watters (IN)
Joseph E. Weitzel (PA)
John B. Wojcicki (OH)
Steven L. Wolvers (IA)

    The drivers were included in one of the following docket Nos: 
FMCSA-2011-0058; FMCSA-2015-0057. Their exemptions are applicable as of 
May 9, 2017, and will expire on May 9, 2019.
    As of May 11, 2017, and in accordance with 49 U.S.C. 31136(e) and

[[Page 33546]]

31315, the following 8 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 17478; 76 FR 
27376):

Peter N. Amendola (MA)
Steven V. Callison (LA)
Douglas A. Carroll (IN)
Tamara D. Folsom (SD)
Ernest Martinelli, III (RI)
Johnathon C. Morgan (TN)
David R. Smith (ME)
Adam J. Stegenga (MI)

    The drivers were included in docket No. FMCSA-2011-0040. Their 
exemptions are applicable as of May 11, 2017, and will expire on May 
11, 2019.
    As of May 18, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, Thomas G. Deke (MO) has satisfied the renewal conditions for 
obtaining an exemption from the rule prohibiting drivers with ITDM from 
driving CMVs in interstate commerce. (71 FR 17558; 71 FR 28913).
    This driver was included in docket No. FMCSA-2006-24016. The 
exemption is applicable as of May 18, 2017, and will expire on May 18, 
2019.
    As of May 22, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 17 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 15578; 74 FR 
24072):

William C. Arrington (MD)
Raymond Barajas (KS)
William N. Carpenter (KY)
Darin L. Carpenter (MT)
Jeffery W. Cotner (OR)
Juan A. Hartwell (CT)
David A. Holzbach (SC)
Joseph T. Jackson (CT)
Donald A. Lambrecht (NC)
William M. Liebert (NV)
Curtis J. Panther (MN)
Eric S. Ritter (CA)
Gary L. Robinson (TN)
Kevin J. Sears (IL)
Peter A. Storm (LA)
Don A. Wisnosky (WI)
Patrick D. Yosten (NE)

    The drivers were included in docket No. FMCSA-2009-0067. Their 
exemptions are applicable as of May 22, 2017, and will expire on May 
22, 2019.
    In accordance with 49 U.S.C. 31315, each exemption will be valid 
for two years from the applicable date unless revoked earlier by FMCSA. 
The exemption will be revoked if the following occurs: (1) The person 
fails to comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
prior to being granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136 and 
31315.

     Issued on: June 8, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-14917 Filed 7-19-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                    33544                          Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices

                                                    the conditions for obtaining a renewed                   Conditions and Requirements                           DEPARTMENT OF TRANSPORTATION
                                                    exemption from the vision requirements
                                                    (72 FR 72666; 72 FR 25831; 74 FR                           The exemptions are extended subject                 Federal Motor Carrier Safety
                                                    19270; 76 FR 29022; 76 FR 34135; 76 FR                   to the following conditions: (1) Each                 Administration
                                                    44082; 78 FR 34140; 78 FR 51268; 80 FR                   driver must undergo an annual physical
                                                                                                                                                                   [Docket No. FMCSA–2006–24016; FMCSA–
                                                    36398):                                                  examination (a) by an ophthalmologist                 2009–0067; FMCSA–2011–0040; FMCSA–
                                                    Stanley C. Anders (SD)                                   or optometrist who attests that the                   2011–0058; FMCSA–2013–0012; FMCSA–
                                                    Joel A. Cabrera (FL)                                     v\vision in the better eye continues to               2013–0014; FMCSA–2014–0315; FMCSA–
                                                    Sherman W. Clapper (ID)                                  meet the requirements in 49 CFR                       2015–0057]
                                                    Eric Esplin (UT)                                         391.41(b)(10), and (b) by a certified
                                                    Ronald R. Fournier (NY)                                  Medical Examiner, as defined by 49 CFR                Qualification of Drivers; Exemption
                                                    Ronald D. Jackman II (NV)                                390.5, who attests that the driver is                 Applications; Diabetes
                                                    Thomas W. Kent (IN)                                      otherwise physically qualified under 49               AGENCY: Federal Motor Carrier Safety
                                                    Robert J. MacInnis (MA)                                  CFR 391.41; (2) each driver must                      Administration (FMCSA), DOT.
                                                    Steven A. Proctor (TX)                                   provide a copy of the ophthalmologist’s               ACTION: Notice of final disposition.
                                                    Rodney W. Sukalski (MN)                                  or optometrist’s report to the Medical
                                                    Larry D. Warneke (WA)                                    Examiner at the time of the annual                    SUMMARY:    FMCSA announces its
                                                    Lonnie Wendinger (MN)                                                                                          decision to renew exemptions of 132
                                                                                                             medical examination; and (3) each
                                                      The drivers were included in one of                    driver must provide a copy of the                     individuals from its prohibition in the
                                                    the following docket Nos: FMCSA–                         annual medical certification to the                   Federal Motor Carrier Safety
                                                    2007–27333; FMCSA–2011–0102. Their                       employer for retention in the driver’s                Regulations (FMCSRs) against persons
                                                    exemptions are applicable as of July 22,                                                                       with insulin-treated diabetes mellitus
                                                                                                             qualification file and retains a copy of
                                                    2017, and will expire on July 22, 2019.                                                                        (ITDM) from operating commercial
                                                                                                             the certification on his/her person while
                                                      As of July 23, 2017, and in accordance                                                                       motor vehicles (CMVs) in interstate
                                                    with 49 U.S.C. 31136(e) and 31315, the                   driving for presentation to a duly
                                                                                                                                                                   commerce. The exemptions enable these
                                                    following 19 individuals have satisfied                  authorized Federal, State, or local                   individuals with ITDM to continue to
                                                    the conditions for obtaining a renewed                   enforcement official. The exemption                   operate CMVs in interstate commerce.
                                                    exemption from the vision requirements                   will be rescinded if: (1) The person fails
                                                                                                                                                                   DATES: Each group of renewed
                                                    (80 FR 35699; 80 FR 48404):                              to comply with the terms and
                                                                                                                                                                   exemptions was applicable on the dates
                                                    Robert J. Bickel (MI)                                    conditions of the exemption; (2) the                  stated in the discussions below and will
                                                    Steven R. Brinegar (TX)                                  exemption has resulted in a lower level               expire on the dates stated in the
                                                    Garry D. Burkholder (PA)                                 of safety than was maintained before it               discussions below.
                                                    Dennis W. Cosens (NM)                                    was granted; or (3) continuation of the               FOR FURTHER INFORMATION CONTACT: Ms.
                                                    William J. Garigulo (OH)                                 exemption would not be consistent with                Christine A. Hydock, Chief, Medical
                                                    Wladyslaw Gogola (IL)                                    the goals and objectives of 49 U.S.C.                 Programs Division, 202–366–4001,
                                                    Antonio Gomez (PA)                                       31136(e) and 31315.                                   fmcsamedical@dot.gov, FMCSA,
                                                    Mark A. Grenier (CT)                                                                                           Department of Transportation, 1200
                                                    Acquillious Jackson III (SC)                             IV. Preemption
                                                                                                                                                                   New Jersey Avenue SE., Room W64–
                                                    Jimmy D. Johnson, II (TN)                                   During the period the exemption is in              224, Washington, DC 20590–0001.
                                                    Bradley J. Kearl (UT)                                    effect, no State shall enforce any law or             Office hours are from 8 a.m. to 5:30
                                                    Larry G. Kreke (IL)                                                                                            p.m., e.t., Monday through Friday,
                                                                                                             regulation that conflicts with this
                                                    Christopher P. Mrockza (MD)
                                                                                                             exemption with respect to a person                    except Federal holidays. If you have
                                                    Gary A. Oster (OR)
                                                                                                             operating under the exemption.                        questions regarding viewing or
                                                    Mark A. Pleskovitch (IL)
                                                                                                                                                                   submitting material to the docket,
                                                    Edward J. Puto (CT)                                      VI. Conclusion                                        contact Docket Services, telephone (202)
                                                    Andrew P. Risner (OH)
                                                    Kyle B. Sharp (MI)                                         Based upon its evaluation of the 88                 366–9826.
                                                    Francis A. St. Pierre (NH)                               exemption applications, FMCSA renews                  SUPPLEMENTARY INFORMATION:
                                                      The drivers were included docket No.                   the exemptions of the aforementioned                  I. Electronic Access
                                                    FMCSA–2015–0052. Their exemptions                        drivers from the vision requirement in                   You may see all the comments online
                                                    are applicable as of July 23, 2017, and                  49 CFR 391.41(b)(10), subject to the                  through the Federal Document
                                                    will expire on July 23, 2019.                            requirements cited above (49 CFR                      Management System (FDMS) at: http://
                                                      As of July 31, 2017, and in accordance                 391.64(b)). In accordance with 49 U.S.C.              www.regulations.gov.
                                                    with 49 U.S.C. 31136(e) and 31315, the                   31136(e) and 31315, each exemption                       Docket: For access to the docket to
                                                    following 5 individuals have satisfied                   will be valid for two years unless                    read background documents or
                                                    the conditions for obtaining a renewed                   revoked earlier by FMCSA.                             comments, go to http://
                                                    exemption from the vision requirements                                                                         www.regulations.gov and/or Room
                                                                                                               Issued on: June 8, 2017.
                                                    (76 FR 25766; 76 FR 37885; 78 FR                                                                               W12–140 on the ground level of the
                                                    37270; 80 FR 31640):                                     Larry W. Minor,
                                                                                                                                                                   West Building, 1200 New Jersey Avenue
                                                    Anthony Luciano (CT)                                     Associate Administrator for Policy.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                   SE., Washington, DC, between 9 a.m.
                                                    David McKinney (OR)                                      [FR Doc. 2017–14919 Filed 7–19–17; 8:45 am]           and 5 p.m., e.t., Monday through Friday,
                                                    Frank L. O’Rourke (NY)                                   BILLING CODE 4910–EX–P                                except Federal holidays.
                                                    Larry F. Reber (OH)                                                                                               Privacy Act: In accordance with 5
                                                    Edward Swaggerty, Jr. (OH)                                                                                     U.S.C. 553(c), DOT solicits comments
                                                      The drivers were included in docket                                                                          from the public to better inform its
                                                    No. FMCSA–2011–0092. Their                                                                                     rulemaking process. DOT posts these
                                                    exemptions are applicable as of July 31,                                                                       comments, without edit, including any
                                                    2017, and will expire on July 31, 2019.                                                                        personal information the commenter


                                               VerDate Sep<11>2014   18:50 Jul 19, 2017   Jkt 241001   PO 00000   Frm 00069   Fmt 4703   Sfmt 4703   E:\FR\FM\20JYN1.SGM   20JYN1


                                                                                   Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices                                         33545

                                                    provides, to http://www.regulations.gov,                   As of May 6, 2017, and in accordance                William H. Terry (IN)
                                                    as described in the system of records                    with 49 U.S.C. 31136(e) and 31315, the                Duane K. Torlish, Jr. (NY)
                                                    notice (DOT/ALL–14 FDMS), which can                      following nine individuals have                       Ronald W. Truitt (PA)
                                                    be reviewed at http://www.dot.gov/                       satisfied the renewal conditions for                  Timothy E. Vanderwiele (NY)
                                                    privacy.                                                 obtaining an exemption from the rule                  Leo D. Vermeire (WA)
                                                                                                             prohibiting drivers with ITDM from                    Brian W. Walls (PA)
                                                    II. Background                                                                                                 Gary L. Webster (VT)
                                                                                                             driving CMVs in interstate commerce
                                                       On April 17, 2017, FMCSA published                    (78 FR 16758; 78 FR 26422):                           Lance A. Wendinger (MN)
                                                    a notice announcing its decision to                      Victor L. Daniels (DE)                                Allan W. Widener (GA)
                                                    renew exemptions for 132 individuals                     Kenneth T. Faborito (HI)                              Shane D. Wildoner (PA)
                                                    from the insulin-treated diabetes                        Kevin P. Lee (MN)                                     Kyle A. Wright (WA)
                                                    mellitus prohibition in 49 CFR                           Duane W. Mansur (NH)                                    The drivers were included in docket
                                                    391.41(b)(3) to operate a CMV in                         Fritz R. McBride (WI)                                 No. FMCSA–2014–0315. Their
                                                    interstate commerce and requested                        Arthur H. Olsen (AZ)                                  exemptions are applicable as of May 8,
                                                    comments from the public (82 FR                          Jacob D. Parnaby (OH)                                 2017, and will expire on May 8, 2019.
                                                    18206). The public comment period                        Brandon P. Wilson (NC)                                  As of May 9, 2017, and in accordance
                                                    ended on May 17, 2017, and no                            Peter S. Zipperer (LA)                                with 49 U.S.C. 31136(e) and 31315, the
                                                    comments were received.                                                                                        following 38 individuals have satisfied
                                                                                                               The drivers were included in docket
                                                       As stated in the previous notice,                                                                           the renewal conditions for obtaining an
                                                                                                             No. FMCSA–2013–0012. Their
                                                    FMCSA has evaluated the eligibility of                                                                         exemption from the rule prohibiting
                                                                                                             exemptions are applicable as of May 6,
                                                    these applicants and determined that                                                                           drivers with ITDM from driving CMVs
                                                                                                             2017, and will expire on May 6, 2019.
                                                    renewing these exemptions would                                                                                in interstate commerce (76 FR 17475; 76
                                                                                                               As of May 8, 2017, and in accordance
                                                    achieve a level of safety equivalent to or                                                                     FR 26792; 80 FR 18928; 80 FR 37726):
                                                                                                             with 49 U.S.C. 31136(e) and 31315, the
                                                    greater than the level that would be
                                                                                                             following 50 individuals have satisfied               James R. Bledsoe (FL)
                                                    achieved by complying with the current
                                                                                                             the renewal conditions for obtaining an               Sammy W. Bowlin (KS)
                                                    regulation 49 CFR 391.41(b)(3).
                                                                                                             exemption from the rule prohibiting                   Durwin A. Brannon (NC)
                                                       The physical qualification standard
                                                                                                             drivers with ITDM from driving CMVs                   Larry J. Carril (IL)
                                                    for drivers regarding diabetes found in
                                                                                                             in interstate commerce (80 FR 18681; 80               Jimmy E. Cole (TN)
                                                    49 CFR 391.41(b)(3) states that a person
                                                                                                             FR 37716):                                            Robert S. Colosimo (ND)
                                                    is physically qualified to drive a CMV
                                                                                                             Rafael M. Alvarado (TX)                               Joel F. Cook (NY)
                                                    if that person has no established
                                                                                                             Mark J. Avedisian (NY)                                James N. Coombs (NJ)
                                                    medical history or clinical diagnosis of
                                                                                                             Timothy J. Burke (MA)                                 David A. Daniels (ME)
                                                    diabetes mellitus currently requiring
                                                                                                             Roger D. Cassada (VA)                                 John A. DelGiudice (RI)
                                                    insulin for control.                                                                                           Mark J. Dias (MA)
                                                                                                             Leonard W. Cleaves (MA)
                                                    III. Discussion of Comments                              Larry A. Cramer (SD)                                  Brian A. Foss (WY)
                                                       FMCSA received no comments in this                    Bradford A. Davies (ME)                               William A.H. Gardner (CA)
                                                    preceding.                                               Larry A. DeSanno (OR)                                 Steven M. Gilmour (MA)
                                                                                                             Robert S. Doering (IL)                                Ismael Gonzalez (IN)
                                                    IV. Conclusion                                           Michael L. Domarus (MN)                               Charles A. Gudaitis (PA)
                                                      Based upon its evaluation of the 132                   Adan A. Espinoza (CA)                                 Cory A. Harker (UT)
                                                    renewal exemption applications and                       Howard E. Fruehling (IA)                              Clark D. Holdeman (TX)
                                                    that no comments were received,                          Michael F. Gabbianelli (NJ)                           David A. Holwenger (WA)
                                                    FMCSA confirms its’ decision to exempt                   James E. Goins (NJ)                                   Conrad J. Janik (NY)
                                                    the following drivers from the rule                      Gregory J. Goodenbour (IA)                            David F. Kenny (NY)
                                                    prohibiting drivers with ITDM from                       Michael D. Howell (NC)                                George W. Key, Jr. (AL)
                                                    driving CMVs in interstate commerce in                   Mayer Indorsky (NY)                                   Michael O. Lancial (MI)
                                                    49 CFR 391.41(b)(3):                                     Raymond J. Jacobs (NY)                                Robert E. McKenna (NY)
                                                      As of May 3, 2017, and in accordance                   Lyle J. Kaehler (WI)                                  Gregory O. Morton (AL)
                                                    with 49 U.S.C. 31136(e) and 31315, the                   Charles F. Kennedy (PA)                               Frank A. Mowers (IL)
                                                    following nine individuals have                          Curtis G. Krichbaum (PA)                              Charles H. Nichols (MI)
                                                    satisfied the renewal conditions for                     Walter P. Leck (PA)                                   Robert L. Rush (PA)
                                                    obtaining an exemption from the rule                     John R. Mauney (NC)                                   Derek J. Scougal (VA)
                                                    prohibiting drivers with ITDM from                       Derrell R. McCaskill (MD)                             Roy Silva (IL)
                                                    driving CMVs in interstate commerce                      Eric O. McLamb (NC)                                   James L. Skinner (IA)
                                                    (78 FR 16032; 78 FR 26107):                              Michael S. Murray (IA)                                Crispin Tabangcura Jr. (HI)
                                                                                                             Benjamin M. Naastad (ND)                              Robert L. Terry (TN)
                                                    Maryland A. Chandler (KY)
                                                    Ronald D. Clark (AR)                                     Richard G. Niemi (WI)                                 Rafael Torres, Jr. (FL)
                                                    Larry L. Eberly (PA)                                     Kenthia E. Norfleet (AL)                              Harold E. Watters (IN)
                                                    Steven J. Fessler (IL)                                   Donald M. Oakes (NH)                                  Joseph E. Weitzel (PA)
                                                                                                                                                                   John B. Wojcicki (OH)
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Patrick L. Morningstar (MD)                              Robert E. Piernik (FL)
                                                    Russell L. Stiley (CO)                                   Harold E. Pratt (MO)                                  Steven L. Wolvers (IA)
                                                    Gary T. Stoutamyer (VA)                                  Jack C. Reed (NE)                                       The drivers were included in one of
                                                    Jack K. Webster (KY)                                     Fernando Rivera (IL)                                  the following docket Nos: FMCSA–
                                                    Harry V. Wilhite, Jr. (AL)                               William J. Schmidt (MN)                               2011–0058; FMCSA–2015–0057. Their
                                                      The drivers were included in docket                    Todd J. Schoeller (WI)                                exemptions are applicable as of May 9,
                                                    No. FMCSA–2013–0014. Their                               Gary H. Schrot (WI)                                   2017, and will expire on May 9, 2019.
                                                    exemptions are applicable as of May 3,                   Ryan A. Snow (PA)                                       As of May 11, 2017, and in
                                                    2017, and will expire on May 3, 2019.                    Kevin L. Sundh (UT)                                   accordance with 49 U.S.C. 31136(e) and


                                               VerDate Sep<11>2014   18:50 Jul 19, 2017   Jkt 241001   PO 00000   Frm 00070   Fmt 4703   Sfmt 4703   E:\FR\FM\20JYN1.SGM   20JYN1


                                                    33546                          Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices

                                                    31315, the following 8 individuals have                  was maintained prior to being granted;                  • Electronically: Submit comments
                                                    satisfied the renewal conditions for                     or (3) continuation of the exemption                  electronically by logging onto the
                                                    obtaining an exemption from the rule                     would not be consistent with the goals                Federal Docket Management System
                                                    prohibiting drivers with ITDM from                       and objectives of 49 U.S.C. 31136 and                 (FDMS) Web site at https://
                                                    driving CMVs in interstate commerce                      31315.                                                www.regulations.gov/. Follow the online
                                                    (76 FR 17478; 76 FR 27376):                                Issued on: June 8, 2017.                            instructions for submitting comments.
                                                    Peter N. Amendola (MA)                                   Larry W. Minor,
                                                                                                                                                                      • Comments may also be faxed to
                                                    Steven V. Callison (LA)                                                                                        (202) 493–2251.
                                                                                                             Associate Administrator for Policy.
                                                    Douglas A. Carroll (IN)                                                                                           Comments must be written in the
                                                                                                             [FR Doc. 2017–14917 Filed 7–19–17; 8:45 am]
                                                    Tamara D. Folsom (SD)                                                                                          English language, and be no greater than
                                                                                                             BILLING CODE 4910–EX–P                                15 pages in length, although there is no
                                                    Ernest Martinelli, III (RI)
                                                    Johnathon C. Morgan (TN)                                                                                       limit to the length of necessary
                                                    David R. Smith (ME)                                                                                            attachments to the comments. If
                                                                                                             DEPARTMENT OF TRANSPORTATION
                                                    Adam J. Stegenga (MI)                                                                                          comments are submitted in hard copy
                                                       The drivers were included in docket                   National Highway Traffic Safety                       form, please ensure that two copies are
                                                    No. FMCSA–2011–0040. Their                               Administration                                        provided. If you wish to receive
                                                    exemptions are applicable as of May 11,                                                                        confirmation that comments you have
                                                    2017, and will expire on May 11, 2019.                                                                         submitted by mail were received, please
                                                                                                             [Docket No. NHTSA–2017–0016; Notice 1]
                                                       As of May 18, 2017, and in                                                                                  enclose a stamped, self-addressed
                                                    accordance with 49 U.S.C. 31136(e) and                   Mack Trucks, Inc., Receipt of Petition                postcard with the comments. Note that
                                                    31315, Thomas G. Deke (MO) has                           for Decision of Inconsequential                       all comments received will be posted
                                                    satisfied the renewal conditions for                     Noncompliance                                         without change to https://
                                                    obtaining an exemption from the rule                                                                           www.regulations.gov, including any
                                                    prohibiting drivers with ITDM from                       AGENCY:  National Highway Traffic                     personal information provided.
                                                    driving CMVs in interstate commerce.                     Safety Administration (NHTSA),                           All comments and supporting
                                                    (71 FR 17558; 71 FR 28913).                              Department of Transportation (DOT).                   materials received before the close of
                                                       This driver was included in docket                    ACTION: Receipt of petition.                          business on the closing date indicated
                                                    No. FMCSA–2006–24016. The                                                                                      above will be filed in the docket and
                                                    exemption is applicable as of May 18,                    SUMMARY:   Mack Trucks, Inc. (MTI), has               will be considered. All comments and
                                                    2017, and will expire on May 18, 2019.                   determined that certain model year                    supporting materials received after the
                                                       As of May 22, 2017, and in                            (MY) 2017 Mack heavy duty trucks do                   closing date will also be filed and will
                                                    accordance with 49 U.S.C. 31136(e) and                   not fully comply with Federal Motor                   be considered to the fullest extent
                                                    31315, the following 17 individuals                      Vehicle Safety Standard (FMVSS) No.                   possible.
                                                    have satisfied the renewal conditions for                120, Tire selection and rims and motor                   When the petition is granted or
                                                    obtaining an exemption from the rule                     home/recreation vehicle trailer load                  denied, notice of the decision will also
                                                    prohibiting drivers with ITDM from                       carrying capacity information for motor               be published in the Federal Register
                                                    driving CMVs in interstate commerce                      vehicles with a GVWR of more than                     pursuant to the authority indicated at
                                                    (74 FR 15578; 74 FR 24072):                              4,536 kilograms (10,000 pounds). MTI                  the end of this notice.
                                                                                                             filed a noncompliance information                        All comments, background
                                                    William C. Arrington (MD)
                                                                                                             report dated February 9, 2017. MTI also               documentation, and supporting
                                                    Raymond Barajas (KS)
                                                                                                             petitioned NHTSA on February 28,                      materials submitted to the docket may
                                                    William N. Carpenter (KY)
                                                                                                             2017, and revised its petition on April               be viewed by anyone at the address and
                                                    Darin L. Carpenter (MT)
                                                                                                             29, 2017, for a decision that the subject             times given above. The documents may
                                                    Jeffery W. Cotner (OR)
                                                    Juan A. Hartwell (CT)                                    noncompliance is inconsequential as it                also be viewed on the Internet at https://
                                                    David A. Holzbach (SC)                                   relates to motor vehicle safety.                      www.regulations.gov by following the
                                                    Joseph T. Jackson (CT)                                   DATES: The closing date for comments                  online instructions for accessing the
                                                    Donald A. Lambrecht (NC)                                 on the petition is August 21, 2017.                   dockets. The docket ID number for this
                                                    William M. Liebert (NV)                                  ADDRESSES: Interested persons are                     petition is shown in the heading of this
                                                    Curtis J. Panther (MN)                                   invited to submit written data, views,                notice.
                                                    Eric S. Ritter (CA)                                      and arguments on this petition.                          DOT’s complete Privacy Act
                                                    Gary L. Robinson (TN)                                    Comments must refer to the docket and                 Statement is available for review in a
                                                    Kevin J. Sears (IL)                                      notice number cited in the title of this              Federal Register notice published on
                                                    Peter A. Storm (LA)                                      notice and submitted by any of the                    April 11, 2000, (65 FR 19477–78).
                                                    Don A. Wisnosky (WI)                                     following methods:                                    SUPPLEMENTARY INFORMATION:
                                                    Patrick D. Yosten (NE)                                      • Mail: Send comments by mail                        I. Overview: Mack Trucks, Inc. (MTI),
                                                       The drivers were included in docket                   addressed to U.S. Department of                       has determined that certain model year
                                                    No. FMCSA–2009–0067. Their                               Transportation, Docket Operations, M–                 (MY) 2017 Mack heavy duty trucks do
                                                    exemptions are applicable as of May 22,                  30, West Building Ground Floor, Room                  not fully comply with paragraph S5.2(b)
                                                    2017, and will expire on May 22, 2019.                   W12–140, 1200 New Jersey Avenue SE.,                  of Federal Motor Vehicle Safety
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                       In accordance with 49 U.S.C. 31315,                   Washington, DC 20590.                                 Standard (FMVSS) No. 120, Tire
                                                    each exemption will be valid for two                        • Hand Delivery: Deliver comments                  selection and rims and motor home/
                                                    years from the applicable date unless                    by hand to U.S. Department of                         recreation vehicle trailer load carrying
                                                    revoked earlier by FMCSA. The                            Transportation, Docket Operations, M–                 capacity information for motor vehicles
                                                    exemption will be revoked if the                         30, West Building Ground Floor, Room                  with a GVWR of more than 4,536
                                                    following occurs: (1) The person fails to                W12–140, 1200 New Jersey Avenue SE.,                  kilograms (10,000 pounds). MTI filed a
                                                    comply with the terms and conditions                     Washington, DC 20590. The Docket                      noncompliance report dated February 9,
                                                    of the exemption; (2) the exemption has                  Section is open on weekdays from 10                   2017, pursuant to 49 CFR part 573,
                                                    resulted in a lower level of safety than                 a.m. to 5 p.m. except Federal Holidays.               Defect and Noncompliance


                                               VerDate Sep<11>2014   18:50 Jul 19, 2017   Jkt 241001   PO 00000   Frm 00071   Fmt 4703   Sfmt 4703   E:\FR\FM\20JYN1.SGM   20JYN1



Document Created: 2017-07-20 06:57:51
Document Modified: 2017-07-20 06:57:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition.
DatesEach group of renewed exemptions was applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below.
ContactMs. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation82 FR 33544 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR