82_FR_35172 82 FR 35029 - Qualification of Drivers; Exemption Applications; Diabetes

82 FR 35029 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 143 (July 27, 2017)

Page Range35029-35031
FR Document2017-15844

FMCSA announces its decision to renew the exemptions of 127 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 143 (Thursday, July 27, 2017)
[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Notices]
[Pages 35029-35031]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15844]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2009-0155; FMCSA-2011-0125; FMCSA-2011-0144; FMCSA-
2011-0145; FMCSA-2013-0019; FMCSA-2013-0181; FMCSA-2015-0062; FMCSA-
2015-0063]


Qualification of Drivers; Exemption Applications; Diabetes

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

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

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SUMMARY: FMCSA announces its decision to renew the exemptions of 127 
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 
August 28, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. FMCSA-2009-0155; FMCSA-
2011-0125; FMCSA-2011-0144; FMCSA-2011-0145; FMCSA-2013-0019; FMCSA-
2013-0181; FMCSA-2015-0062; FMCSA-2015-0063 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 acknowledgment 
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 127 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 127 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. These 127 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

[[Page 35030]]

renewable two-year period. Each individual is identified according to 
the renewal date.
    The exemptions are renewed subject to the following conditions: (1) 
That each individual submit a quarterly monitoring checklist completed 
by the treating endocrinologist as well as an annual checklist with a 
comprehensive medical evaluation; (2) that each individual reports 
within 2 business days of occurrence, all episodes of severe 
hypoglycemia, significant complications, or inability to manage 
diabetes; also, any involvement in an accident or any other adverse 
event in a CMV or personal vehicle, whether or not it is related to an 
episode of hypoglycemia; (3) that each individual submit an annual 
ophthalmologist's or optometrist's report; and (4) that each individual 
provide a copy of the annual medical certification to the employer for 
retention in the driver's qualification file, or keep a copy in his/her 
driver's qualification file if he/she is self-employed. The driver must 
also have a copy of the certification when driving, for presentation to 
a duly authorized Federal, State, or local enforcement official.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application for additional two year periods. The following groups of 
drivers received renewed exemptions in the month of August and are 
discussed below.
    As of August 1, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 35 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 37719; 80 FR 
59223):

Adele M. Aasen (ND)
Kyle E. Beine (WI)
Joseph M. Blackwell (GA)
Joseph G. Blastick (SD)
Gary W. Boninsegna (OH)
Billy J. Bronson (OR)
Michael L. Campbell (NC)
Steven C. Cornell (PA)
Josiah L. Crestik (MN)
Richard L. Cunningham (NE)
Thomas L. Delasko (FL)
William T. Eason (NC)
Douglas J. Garrison (IA)
Daniel W. Gregory (NC)
Barry L. Grimes, Sr. (MD)
Dennis J. Grimm (DE)
Stephen G. Helmer (NE)
Marco K. Higgs (OR)
Jeffrey T. Hunley (NC)
Colin S. Jackson (WA)
Peter E. Mizialko (NJ)
Michael I. Moore (IN)
Richard M. Ohland (MN)
James D. Parrish (NC)
Justin D. Redding (MT)
Alex R. Rumph (MT)
Kenneth S. Schoenberger (PA)
Jarred E. Shawles (CA)
Howard L. Smith (IL)
Jeffrey S. Snyder (PA)
Jerry L. Stevens (NE)
Todd Stover (PA)
Dennis P. Walker, Jr. (OH)
Horace V. Watson (GA)
Jeremy W. Wolfe (MO)

    The drivers were included in docket No. FMCSA-2015-0062. Their 
exemptions are effective as of August 1, 2017, and will expire on 
August 1, 2019.
    As of August 3, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following seven 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 28097; 74 FR 
38481):

Joseph Jurewicz (CT)
Dana N. Larsen (UT)
Jason G. Leavitt (UT)
Thomas M. Petee (MI)
Jim A. Phelps (MI)
James F. Rabideau, Jr. (NY)
John E. Spano (MA)

    The drivers were included in docket No. FMCSA-2009-0155. Their 
exemptions are effective as of August 3, 2017, and will expire on 
August 3, 2019.
    As of August 4, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following eight 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 34127; 76 FR 
47288):

Richard A. Bosma (IL)
Ronnie E. Combs, Jr. (KY)
Barbara A. Farrell (WA)
Tony D. Gayles (KY)
Joshua D. Kohl (IA)
Judah A. Nell (PA)
Peter J. Wasko, Jr. (PA)
Alfred Zaldana (CA)
    The drivers were included in docket No. FMCSA-2011-0125. Their 
exemptions are effective as of August 4, 2017, and will expire on 
August 4, 2019.
    As of August 5, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following ten 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 34127; 76 FR 
47288):

Justin C. Brewer (NY)
Roger W. Carr (MD)
Stanley D. Ingram (TN)
Rondal W. Kennedy (KY)
Jerry W. Miller (VA)
Gregg O. Price (MS)
Gary D. Pugliese (NJ)
Jeffrey A. Radel (PA)
Vladmir V. Tayts (PA)
Jady R. Tengs (ID)

    The drivers were included in docket No. FMCSA-2011-0144. Their 
exemptions are effective as of August 5, 2017, and will expire on 
August 5, 2019.
    As of August 15, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 43 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 41550; 80 FR 
59229):

Henry Andreoli (NH)
Jonathan A. Boston (NY)
James G. Bracegirdle (GA)
Joseph C. Brewster (VA)
Bradley R. Brown (NH)
Annette F. Bryant (CA)
Brian G. Carter (GA)
Daniel B. Craig (OR)
Sean W. Dempsey (OH)
Patrick L. Feely (MN)
Garry W. Garrison (WI)
James Gennello (NJ)
John T. Gorman (NJ)
Joel K. Hawkins (IL)
Gary L. Hulslander (PA)
Daniel E. Jackowski (WI)
John W. Johnson (TN)
Samuel S. Johnson (WI)
Charles A. Kelley (IA)
Omer E. King (PA)
Eric R. Knutson (MN)
Bruce E. Koehn (KS)
Douglas L. Kugler (MN)
Andrew S. McKinney (MN)
Douglas D. Miller (WY)
Robert F. Perez (PA)
Ray E. Phipps (IL)
Bruce F. Sanderson (LA)
Raymond Santiago (NJ)
Travis D. Shadden (IN)
Randy S. Steinbach (WA)
Paul R. Thorkelson (MN)
Michael J. Toth (PA)
Christopher O. Trent (KS)
Charles H. Turner (WI)
Jesse W. Turner (MI)
Donavan A. Van Houten (WA)
Matt S. Volk (NE)
Daniel M. Waldner (ND)
Timothy L. Wilkinson (OH)
Catherine A. Wilcox (CT)
Kenneth P. Wing (MI)
Timothy W. Young (PA)

    The drivers were included in docket No. FMCSA-2015-0063. Their 
exemptions are effective as of August 15, 2017, and will expire on 
August 15, 2019.

[[Page 35031]]

    As of August 16, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 14 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 32704; 78 FR 
50140):

Herlen D. Barner (TN)
James W. Bledsoe (AL)
Daniel L. Bosley (KY)
Verland G. Casper (WI)
Kyle P. Cerra (PA)
Raymond K. Harper (KS)
Shane B. Henninger (IA)
Jeffrey S. Hubbell (PA)
Kevin T. Johnson (SD)
Randall L. Krider (IN)
William J. Panoch (WI)
James E. Smith (TN)
Kevin R. Treichel (IA)
Thomas R. Yecker (PA)

    The drivers were included in docket No. FMCSA-2013-0019. Their 
exemptions are effective as of August 16, 2017, and will expire on 
August 16, 2019.
    As of August 29, 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 (76 FR 40439; 76 FR 
53707):

Bryan K. Aaron (UT)
Donald M. Bergman (MN)
Ronald J. Boehm (IN)
Vernon W. Elmore (MS)
Michael J. Gilbert (WA)
Andrew W. Richey (MS)
Thomas M. Shafer (IN)
Allen D. Stevenson (NJ)
Oleg Tarasov (NJ)

    The drivers were included in docket No. FMCSA-2011-0145. Their 
exemptions are effective as of August 29, 2017, and will expire on 
August 29, 2019.
    As of August 30, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, Lloyd K. Steinkamp (WV) has satisfied the renewal conditions 
for obtaining an exemption from the rule prohibiting drivers with ITDM 
from driving CMVs in interstate commerce (78 FR 38435; 78 FR 63294).
    This driver was included in docket No. FMCSA-2013-0181. The 
exemption is effective as of August 16, 2017, and will expire on August 
16, 2019.
    Each of the 127 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 
127 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-2009-0155; FMCSA-2011-0125; FMCSA-
2011-0144; FMCSA-2011-0145; FMCSA-2013-0019; FMCSA-2013-0181; FMCSA-
2015-0062; FMCSA-2015-0063.

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 August 28, 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 127 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-2009-0155; FMCSA-
2011-0125; FMCSA-2011-0144; FMCSA-2011-0145; FMCSA-2013-0019; FMCSA-
2013-0181; FMCSA-2015-0062; FMCSA-2015-0063 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-2009-0155; FMCSA-2011-0125; FMCSA-2011-0144; 
FMCSA-2011-0145; FMCSA-2013-0019; FMCSA-2013-0181; FMCSA-2015-0062; 
FMCSA-2015-0063 and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to this 
notice.

    Issued on: July 19, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-15844 Filed 7-26-17; 8:45 am]
BILLING CODE 4910-EX-P



                                                                                 Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices                                            35029

                                                  Vincent K. Johnson (DC)                                  SUMMARY:    FMCSA announces its                       acknowledgment that we received your
                                                  Christopher A. King (NY)                                 decision to renew the exemptions of 127               comments, please include a self-
                                                  Norman L. King (CA)                                      individuals from its rule prohibiting                 addressed, stamped envelope or
                                                  Harlan E. Kizer (OK)                                     persons with insulin-treated diabetes                 postcard or print the acknowledgment
                                                  Peter J. Klepp (ID)                                      mellitus (ITDM) from operating                        page that appears after submitting
                                                  Walter Kube, Jr. (NJ)                                    commercial motor vehicles (CMVs) in                   comments on-line.
                                                  Brian J. Lascko (CT)
                                                  Samuel B. Layton (DE)                                    interstate commerce. FMCSA has                          Privacy Act: Anyone may search the
                                                  Lance J. Magnuson (NE)                                   statutory authority to exempt                         electronic form of all comments
                                                  Nicholas A. Marmolejo (NJ)                               individuals from this rule if the                     received into any of our dockets by the
                                                  Lawrence F. McCarthy (MA)                                exemptions granted will not                           name of the individual submitting the
                                                  Richard E. McGlashan (FL)                                compromise safety. The Agency has                     comment (or of the person signing the
                                                  Bryan J. Meyer (WI)                                      concluded that granting these                         comment, if submitted on behalf of an
                                                  Craig S. Meyer (MO)                                      exemption renewals will provide a level               association, business, labor union, etc.).
                                                  Michael J. Miller (IL)                                   of safety that is equivalent to or greater            You may review DOT’s Privacy Act
                                                  Elwin D. Ness (MN)                                       than the level of safety maintained                   Statement for the Federal Docket
                                                  Perry L. Ofstad (WI)                                     without the exemptions for these CMV                  Management System (FDMS) published
                                                  Eddie L. Parsons (NC)                                    drivers.                                              in the Federal Register on January 17,
                                                  Joseph B. Patsch (CA)                                                                                          2008 (73 FR 3316).
                                                  Guillermo Ponce (IN)                                     DATES: Each group of renewed
                                                  David G. Reppert (PA)                                    exemptions are effective from the dates               FOR FURTHER INFORMATION CONTACT: Ms.
                                                  Timothy L. Salter (AL)                                   stated in the discussions below.                      Christine A. Hydock, Chief, Medical
                                                  David B. Sanders (MO)                                    Comments must be received on or                       Programs Division, 202–366–4001,
                                                  Brandon J. Smith (NY)                                    before August 28, 2017.                               fmcsamedical@dot.gov, FMCSA,
                                                  Cody J. Swift (NJ)                                       ADDRESSES: You may submit comments                    Department of Transportation, 1200
                                                  Geoffrey K. Tarr (TN)                                    bearing the Federal Docket Management                 New Jersey Avenue SE., Room W64–
                                                  Jonathan L. Trieloff (WI)                                System (FDMS) numbers: Docket No.                     113, Washington, DC 20590–0001.
                                                  Mark A. Williams (LA)                                                                                          Office hours are from 8 a.m. to 5:30
                                                  William E. Yoder (PA)                                    FMCSA–2009–0155; FMCSA–2011–
                                                                                                           0125; FMCSA–2011–0144; FMCSA–                         p.m., e.t., Monday through Friday,
                                                     In accordance with 49 U.S.C. 31136(e)                                                                       except Federal holidays.
                                                                                                           2011–0145; FMCSA–2013–0019;
                                                  and 31315 each exemption is valid for
                                                                                                           FMCSA–2013–0181; FMCSA–2015–                          SUPPLEMENTARY INFORMATION:
                                                  two years unless revoked earlier by
                                                                                                           0062; FMCSA–2015–0063 using any of
                                                  FMCSA. The exemption will be revoked                                                                           I. Background
                                                                                                           the following methods:
                                                  if the following occurs: (1) The person                    • Federal eRulemaking Portal: Go to                    Under 49 U.S.C. 31136(e) and 31315,
                                                  fails to comply with the terms and                       http://www.regulations.gov. Follow the                FMCSA may renew an exemption from
                                                  conditions of the exemption; (2) the                     on-line instructions for submitting                   the Federal Motor Carrier Safety
                                                  exemption has resulted in a lower level                  comments.                                             Regulations 2-year period if it finds
                                                  of safety than was maintained before it                    • Mail: Docket Management Facility;                 ‘‘such exemption would likely achieve a
                                                  was granted; or (3) continuation of the                  U.S. Department of Transportation, 1200               level of safety that is equivalent to or
                                                  exemption would not be consistent with                   New Jersey Avenue SE., West Building                  greater than the level that would be
                                                  the goals and objectives of 49 U.S.C.                    Ground Floor, Room W12–140,                           achieved absent such exemption.’’ The
                                                  31136(e) and 31315. If the exemption is                  Washington, DC 20590–0001.                            statute also allows the Agency to renew
                                                  still effective at the end of the 2-year                   • Hand Delivery or Courier: West                    exemptions at the end of the 2-year
                                                  period, the person may apply to FMCSA                    Building Ground Floor, Room W12–140,                  period. The 127 individuals listed in
                                                  for a renewal under procedures in effect                 1200 New Jersey Avenue SE.,                           this notice have recently become
                                                  at that time.                                            Washington, DC, between 9 a.m. and                    eligible for a renewed exemption from
                                                    Issued on: July 21, 2017.                              5 p.m., e.t., Monday through Friday,                  the diabetes prohibition in 49 CFR
                                                  Larry W. Minor,                                          except Federal Holidays.                              391.41(b)(3), which applies to drivers of
                                                  Associate Administrator for Policy.                        • Fax: 1–202–493–2251.                              CMVs in interstate commerce. The
                                                  [FR Doc. 2017–15838 Filed 7–26–17; 8:45 am]                Instructions: Each submission must                  drivers remain in good standing with
                                                  BILLING CODE 4910–EX–P
                                                                                                           include the Agency name and the                       the Agency, have maintained their
                                                                                                           docket number for this notice. Note that              required medical monitoring and have
                                                                                                           DOT posts all comments received                       not exhibited any medical issues that
                                                  DEPARTMENT OF TRANSPORTATION                             without change to http://                             would compromise their ability to safely
                                                                                                           www.regulations.gov, including any                    operate a CMV during the previous 2-
                                                  Federal Motor Carrier Safety                             personal information included in a                    year exemption period.
                                                  Administration                                           comment. Please see the Privacy Act
                                                                                                           heading below.                                        II. Exemption Decision
                                                  [Docket No. FMCSA–2009–0155; FMCSA–
                                                  2011–0125; FMCSA–2011–0144; FMCSA–                         Docket: For access to the docket to                   This notice addresses 127 individuals
                                                  2011–0145; FMCSA–2013–0019; FMCSA–                       read background documents or                          who have requested renewal of their
                                                  2013–0181; FMCSA–2015–0062; FMCSA–                       comments, go to http://                               exemptions in accordance with FMCSA
                                                  2015–0063]                                               www.regulations.gov at any time or                    procedures. These 127 drivers remain in
                                                                                                           Room W12–140 on the ground level of                   good standing with the Agency, have
mstockstill on DSK30JT082PROD with NOTICES




                                                  Qualification of Drivers; Exemption                      the West Building, 1200 New Jersey                    maintained their required medical
                                                  Applications; Diabetes                                   Avenue SE., Washington, DC, between                   monitoring and have not exhibited any
                                                  AGENCY: Federal Motor Carrier Safety                     9 a.m. and 5 p.m., E.T., Monday through               medical issues that would compromise
                                                  Administration (FMCSA), DOT.                             Friday, except Federal holidays. The                  their ability to safely operate a CMV
                                                                                                           Federal Docket Management System                      during the previous 2-year exemption
                                                  ACTION: Notice of renewal of
                                                                                                           (FDMS) is available 24 hours each day,                period. Therefore, FMCSA has decided
                                                  exemptions; request for comments.
                                                                                                           365 days each year. If you want                       to extend each exemption for a


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                                                  35030                          Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices

                                                  renewable two-year period. Each                          Peter E. Mizialko (NJ)                                Stanley D. Ingram (TN)
                                                  individual is identified according to the                Michael I. Moore (IN)                                 Rondal W. Kennedy (KY)
                                                  renewal date.                                            Richard M. Ohland (MN)                                Jerry W. Miller (VA)
                                                     The exemptions are renewed subject                    James D. Parrish (NC)                                 Gregg O. Price (MS)
                                                  to the following conditions: (1) That                    Justin D. Redding (MT)                                Gary D. Pugliese (NJ)
                                                  each individual submit a quarterly                       Alex R. Rumph (MT)                                    Jeffrey A. Radel (PA)
                                                  monitoring checklist completed by the                    Kenneth S. Schoenberger (PA)                          Vladmir V. Tayts (PA)
                                                  treating endocrinologist as well as an                   Jarred E. Shawles (CA)                                Jady R. Tengs (ID)
                                                  annual checklist with a comprehensive                    Howard L. Smith (IL)                                     The drivers were included in docket
                                                  medical evaluation; (2) that each                        Jeffrey S. Snyder (PA)                                No. FMCSA–2011–0144. Their
                                                  individual reports within 2 business                     Jerry L. Stevens (NE)                                 exemptions are effective as of August 5,
                                                  days of occurrence, all episodes of                      Todd Stover (PA)                                      2017, and will expire on August 5, 2019.
                                                  severe hypoglycemia, significant                         Dennis P. Walker, Jr. (OH)                               As of August 15, 2017, and in
                                                  complications, or inability to manage                    Horace V. Watson (GA)                                 accordance with 49 U.S.C. 31136(e) and
                                                  diabetes; also, any involvement in an                    Jeremy W. Wolfe (MO)                                  31315, the following 43 individuals
                                                  accident or any other adverse event in                      The drivers were included in docket                have satisfied the renewal conditions for
                                                  a CMV or personal vehicle, whether or                    No. FMCSA–2015–0062. Their                            obtaining an exemption from the rule
                                                  not it is related to an episode of                       exemptions are effective as of August 1,              prohibiting drivers with ITDM from
                                                  hypoglycemia; (3) that each individual                   2017, and will expire on August 1, 2019.              driving CMVs in interstate commerce
                                                  submit an annual ophthalmologist’s or                       As of August 3, 2017, and in                       (80 FR 41550; 80 FR 59229):
                                                  optometrist’s report; and (4) that each                  accordance with 49 U.S.C. 31136(e) and
                                                                                                                                                                 Henry Andreoli (NH)
                                                  individual provide a copy of the annual                  31315, the following seven individuals
                                                                                                                                                                 Jonathan A. Boston (NY)
                                                  medical certification to the employer for                have satisfied the renewal conditions for
                                                                                                                                                                 James G. Bracegirdle (GA)
                                                  retention in the driver’s qualification                  obtaining an exemption from the rule                  Joseph C. Brewster (VA)
                                                  file, or keep a copy in his/her driver’s                 prohibiting drivers with ITDM from                    Bradley R. Brown (NH)
                                                  qualification file if he/she is self-                    driving CMVs in interstate commerce                   Annette F. Bryant (CA)
                                                  employed. The driver must also have a                    (74 FR 28097; 74 FR 38481):                           Brian G. Carter (GA)
                                                  copy of the certification when driving,                  Joseph Jurewicz (CT)                                  Daniel B. Craig (OR)
                                                  for presentation to a duly authorized                    Dana N. Larsen (UT)                                   Sean W. Dempsey (OH)
                                                  Federal, State, or local enforcement                     Jason G. Leavitt (UT)                                 Patrick L. Feely (MN)
                                                  official.                                                Thomas M. Petee (MI)                                  Garry W. Garrison (WI)
                                                                                                           Jim A. Phelps (MI)                                    James Gennello (NJ)
                                                  III. Basis for Renewing Exemptions                       James F. Rabideau, Jr. (NY)                           John T. Gorman (NJ)
                                                     Under 49 U.S.C. 31315(b)(1), an                       John E. Spano (MA)                                    Joel K. Hawkins (IL)
                                                  exemption may be granted for no longer                      The drivers were included in docket                Gary L. Hulslander (PA)
                                                  than two years from its approval date                    No. FMCSA–2009–0155. Their                            Daniel E. Jackowski (WI)
                                                  and may be renewed upon application                      exemptions are effective as of August 3,              John W. Johnson (TN)
                                                  for additional two year periods. The                     2017, and will expire on August 3, 2019.              Samuel S. Johnson (WI)
                                                  following groups of drivers received                        As of August 4, 2017, and in                       Charles A. Kelley (IA)
                                                  renewed exemptions in the month of                       accordance with 49 U.S.C. 31136(e) and                Omer E. King (PA)
                                                  August and are discussed below.                          31315, the following eight individuals                Eric R. Knutson (MN)
                                                     As of August 1, 2017, and in                          have satisfied the renewal conditions for             Bruce E. Koehn (KS)
                                                  accordance with 49 U.S.C. 31136(e) and                   obtaining an exemption from the rule                  Douglas L. Kugler (MN)
                                                  31315, the following 35 individuals                      prohibiting drivers with ITDM from                    Andrew S. McKinney (MN)
                                                  have satisfied the renewal conditions for                driving CMVs in interstate commerce                   Douglas D. Miller (WY)
                                                  obtaining an exemption from the rule                     (76 FR 34127; 76 FR 47288):                           Robert F. Perez (PA)
                                                  prohibiting drivers with ITDM from                       Richard A. Bosma (IL)                                 Ray E. Phipps (IL)
                                                  driving CMVs in interstate commerce                      Ronnie E. Combs, Jr. (KY)                             Bruce F. Sanderson (LA)
                                                  (80 FR 37719; 80 FR 59223):                              Barbara A. Farrell (WA)                               Raymond Santiago (NJ)
                                                  Adele M. Aasen (ND)                                      Tony D. Gayles (KY)                                   Travis D. Shadden (IN)
                                                  Kyle E. Beine (WI)                                       Joshua D. Kohl (IA)                                   Randy S. Steinbach (WA)
                                                  Joseph M. Blackwell (GA)                                 Judah A. Nell (PA)                                    Paul R. Thorkelson (MN)
                                                  Joseph G. Blastick (SD)                                  Peter J. Wasko, Jr. (PA)                              Michael J. Toth (PA)
                                                  Gary W. Boninsegna (OH)                                  Alfred Zaldana (CA)                                   Christopher O. Trent (KS)
                                                  Billy J. Bronson (OR)                                       The drivers were included in docket                Charles H. Turner (WI)
                                                  Michael L. Campbell (NC)                                 No. FMCSA–2011–0125. Their                            Jesse W. Turner (MI)
                                                  Steven C. Cornell (PA)                                   exemptions are effective as of August 4,              Donavan A. Van Houten (WA)
                                                  Josiah L. Crestik (MN)                                   2017, and will expire on August 4, 2019.              Matt S. Volk (NE)
                                                  Richard L. Cunningham (NE)                                                                                     Daniel M. Waldner (ND)
                                                                                                              As of August 5, 2017, and in
                                                  Thomas L. Delasko (FL)
                                                                                                           accordance with 49 U.S.C. 31136(e) and                Timothy L. Wilkinson (OH)
                                                  William T. Eason (NC)
                                                                                                           31315, the following ten individuals                  Catherine A. Wilcox (CT)
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                                                  Douglas J. Garrison (IA)
                                                  Daniel W. Gregory (NC)                                   have satisfied the renewal conditions for             Kenneth P. Wing (MI)
                                                  Barry L. Grimes, Sr. (MD)                                obtaining an exemption from the rule                  Timothy W. Young (PA)
                                                  Dennis J. Grimm (DE)                                     prohibiting drivers with ITDM from                       The drivers were included in docket
                                                  Stephen G. Helmer (NE)                                   driving CMVs in interstate commerce                   No. FMCSA–2015–0063. Their
                                                  Marco K. Higgs (OR)                                      (76 FR 34127; 76 FR 47288):                           exemptions are effective as of August
                                                  Jeffrey T. Hunley (NC)                                   Justin C. Brewer (NY)                                 15, 2017, and will expire on August 15,
                                                  Colin S. Jackson (WA)                                    Roger W. Carr (MD)                                    2019.


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                                                                                 Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices                                                 35031

                                                     As of August 16, 2017, and in                         during the previous 2-year exemption                  U.S.C. 31136(e) and 31315, FMCSA will
                                                  accordance with 49 U.S.C. 31136(e) and                   period.                                               take immediate steps to revoke the
                                                  31315, the following 14 individuals                        These factors provide an adequate                   exemption of a driver.
                                                  have satisfied the renewal conditions for                basis for predicting each driver’s ability
                                                  obtaining an exemption from the rule                     to continue to drive safely in interstate             V. Submitting Comments
                                                  prohibiting drivers with ITDM from                       commerce. Therefore, FMCSA
                                                                                                                                                                    You may submit your comments and
                                                  driving CMVs in interstate commerce                      concludes that extending the exemption
                                                                                                           for each of the 127 drivers for a period              material online or by fax, mail, or hand
                                                  (78 FR 32704; 78 FR 50140):
                                                                                                           of two years is likely to achieve a level             delivery, but please use only one of
                                                  Herlen D. Barner (TN)                                                                                          these means. FMCSA recommends that
                                                  James W. Bledsoe (AL)                                    of safety equal to that existing without
                                                                                                           the exemption. The drivers were                       you include your name and a mailing
                                                  Daniel L. Bosley (KY)
                                                                                                           included in docket numbers FMCSA–                     address, an email address, or a phone
                                                  Verland G. Casper (WI)
                                                                                                           2009–0155; FMCSA–2011–0125;                           number in the body of your document
                                                  Kyle P. Cerra (PA)
                                                  Raymond K. Harper (KS)                                   FMCSA–2011–0144; FMCSA–2011–                          so that FMCSA can contact you if there
                                                  Shane B. Henninger (IA)                                  0145; FMCSA–2013–0019; FMCSA–                         are questions regarding your
                                                  Jeffrey S. Hubbell (PA)                                  2013–0181; FMCSA–2015–0062;                           submission.
                                                  Kevin T. Johnson (SD)                                    FMCSA–2015–0063.                                         To submit your comment online, go to
                                                  Randall L. Krider (IN)                                   IV. Request for Comments                              http://www.regulations.gov and in the
                                                  William J. Panoch (WI)                                                                                         search box insert the docket numbers
                                                  James E. Smith (TN)                                         FMCSA will review comments
                                                                                                           received at any time concerning a                     FMCSA–2009–0155; FMCSA–2011–
                                                  Kevin R. Treichel (IA)                                                                                         0125; FMCSA–2011–0144; FMCSA–
                                                  Thomas R. Yecker (PA)                                    particular driver’s safety record and
                                                                                                           determine if the continuation of the                  2011–0145; FMCSA–2013–0019;
                                                     The drivers were included in docket                   exemption is consistent with the                      FMCSA–2013–0181; FMCSA–2015–
                                                  No. FMCSA–2013–0019. Their                               requirements at 49 U.S.C. 31136(e) and                0062; FMCSA–2015–0063 and click the
                                                  exemptions are effective as of August                    31315. However, FMCSA requests that                   search button. When the new screen
                                                  16, 2017, and will expire on August 16,                  interested parties with specific data                 appears, click on the blue ‘‘Comment
                                                  2019.                                                    concerning the safety records of these                Now!’’ button on the right hand side of
                                                     As of August 29, 2017, and in                         drivers submit comments by August 28,                 the page. On the new page, enter
                                                  accordance with 49 U.S.C. 31136(e) and                   2017.                                                 information required including the
                                                  31315, the following nine individuals                       FMCSA believes that the                            specific section of this document to
                                                  have satisfied the renewal conditions for                requirements for a renewal of an
                                                  obtaining an exemption from the rule                                                                           which each comment applies, and
                                                                                                           exemption under 49 U.S.C. 31136(e) and                provide a reason for each suggestion or
                                                  prohibiting drivers with ITDM from                       31315 can be satisfied by initially
                                                  driving CMVs in interstate commerce                                                                            recommendation. If you submit your
                                                                                                           granting the renewal and then                         comments by mail or hand delivery,
                                                  (76 FR 40439; 76 FR 53707):                              requesting and evaluating, if needed,                 submit them in an unbound format, no
                                                  Bryan K. Aaron (UT)                                      subsequent comments submitted by
                                                  Donald M. Bergman (MN)                                                                                         larger than 81⁄2 by 11 inches, suitable for
                                                                                                           interested parties. As indicated above,
                                                  Ronald J. Boehm (IN)                                     the Agency previously published                       copying and electronic filing. If you
                                                  Vernon W. Elmore (MS)                                    notices of final disposition announcing               submit comments by mail and would
                                                  Michael J. Gilbert (WA)                                  its decision to exempt these 127                      like to know that they reached the
                                                  Andrew W. Richey (MS)                                    individuals from rule prohibiting                     facility, please enclose a stamped, self-
                                                  Thomas M. Shafer (IN)                                    persons with ITDM from operating                      addressed postcard or envelope.
                                                  Allen D. Stevenson (NJ)                                  CMVs in interstate commerce in 49 CFR                    We will consider all comments and
                                                  Oleg Tarasov (NJ)                                        391.41(b)(3). The final decision to grant             material received during the comment
                                                     The drivers were included in docket                   an exemption to each of these                         period. FMCSA may issue a final
                                                  No. FMCSA–2011–0145. Their                               individuals was made on the merits of                 determination at any time after the close
                                                  exemptions are effective as of August                    each case and made only after careful                 of the comment period.
                                                  29, 2017, and will expire on August 29,                  consideration of the comments received
                                                  2019.                                                    to its notices of applications. The                   VI. Viewing Comments and Documents
                                                     As of August 30, 2017, and in                         notices of applications stated in detail
                                                  accordance with 49 U.S.C. 31136(e) and                                                                            To view comments, as well as any
                                                                                                           the medical condition of each applicant
                                                  31315, Lloyd K. Steinkamp (WV) has                       for an exemption from rule prohibiting                documents mentioned in this preamble,
                                                  satisfied the renewal conditions for                     persons with ITDM from operating                      go to http://www.regulations.gov and in
                                                  obtaining an exemption from the rule                     CMVs in interstate commerce. That                     the search box insert the docket number
                                                  prohibiting drivers with ITDM from                       information is available by consulting                FMCSA–2009–0155; FMCSA–2011–
                                                  driving CMVs in interstate commerce                      the above cited Federal Register                      0125; FMCSA–2011–0144; FMCSA–
                                                  (78 FR 38435; 78 FR 63294).                              publications.                                         2011–0145; FMCSA–2013–0019;
                                                     This driver was included in docket                       Interested parties or organizations                FMCSA–2013–0181; FMCSA–2015–
                                                  No. FMCSA–2013–0181. The exemption                       possessing information that would                     0062; FMCSA–2015–0063 and click
                                                  is effective as of August 16, 2017, and                  otherwise show that any, or all, of these             ‘‘Search.’’ Next, click ‘‘Open Docket
                                                  will expire on August 16, 2019.                          drivers are not currently achieving the               Folder’’ and you will find all documents
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                                                     Each of the 127 drivers in the                        statutory level of safety should                      and comments related to this notice.
                                                  aforementioned groups qualifies for a                    immediately notify FMCSA. The                           Issued on: July 19, 2017.
                                                  renewal of the exemption. They have                      Agency will evaluate any adverse
                                                                                                                                                                 Larry W. Minor,
                                                  maintained their required medical                        evidence submitted and, if safety is
                                                  monitoring and have not exhibited any                    being compromised or if continuation of               Associate Administrator for Policy.
                                                  medical issues that would compromise                     the exemption would not be consistent                 [FR Doc. 2017–15844 Filed 7–26–17; 8:45 am]
                                                  their ability to safely operate a CMV                    with the goals and objectives of 49                   BILLING CODE 4910–EX–P




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Document Created: 2017-07-27 02:07:26
Document Modified: 2017-07-27 02:07:26
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 August 28, 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 35029 

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