82_FR_3851 82 FR 3843 - Qualification of Drivers; Exemption Applications; Diabetes

82 FR 3843 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 8 (January 12, 2017)

Page Range3843-3845
FR Document2017-00516

FMCSA announces its decision to renew exemptions of 116 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 8 (Thursday, January 12, 2017)
[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)]
[Notices]
[Pages 3843-3845]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00516]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0247; FMCSA-2012-0128; FMCSA-2012-0217; FMCSA-
2012-0219; FMCSA-2014-0021]


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 116 
individuals from its prohibition in the Federal Motor Carrier Safety 
Regulations (FMCSRs) against persons with insulin-treated diabetes 
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in 
interstate commerce. The exemptions enable these individuals with ITDM 
to continue to operate CMVs in interstate commerce.

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

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

SUPPLEMENTARY INFORMATION: 

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

II. Background

    On November 15, 2016, FMCSA published a notice announcing its 
decision to renew exemptions for 116 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 (81 
FR 80164). The public comment period ended on December 15, 2016 and no 
comments were received.
    As stated in the previous notice, FMCSA has evaluated the 
eligibility of

[[Page 3844]]

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 116 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 391.64(3):
    As of October 8, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following individual, Gary B. Bland (GA) has satisfied 
the renewal conditions for obtaining an exemption from the rule 
prohibiting drivers with ITDM from driving CMVs in interstate commerce. 
(75 FR 52813; 75 FR 64394):
    The driver was included in Docket No. FMCSA-2010-0247. The 
exemption is effective as of October 8, 2016, and will expire on 
October 8, 2018.
    As of October 10, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 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 (77 FR 48587; 77 FR 
61655):

Dominick Bravata (IL)
Barry J. Drews (MI)
Mason L. Hall (SD)
Chad E. Hasler (MT)
Norman A. Latondresse (RI)
Robert C. Lister, Jr. (OH)
Robert E. Smith (GA)
Steven A. Wilson (FL)

    The drivers were included in Docket No. FMCSA-2012-0217. Their 
exemptions are effective as of October 10, 2016, and will expire on 
October 10, 2018.
    As of October 19, 2016, 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 (75 FR 52813; 75 FR 
64394):

Eric A. Anderson (ND)
Juan E. Boyd (NC)
Bradley R. Burns (OH)
Leo G. Dinero (GA)
Terry W. Ferguson (GA)
Thomas G. Flanagan (IN)
Donald K. Fraase (ND)
Jason W. Geier (MT)
Scott R. Grange (CA)
John A. Hayes (NY)
Bradley D. Heagel (IA)
Harold A. Meeker, Jr. (MA)
Ronald D. Olson (WI)
Daniel E. Velasco (MD)

    The drivers were included in Docket No. FMCSA-2010-0247. Their 
exemptions are effective as of October 19, 2016, and will expire on 
October 19, 2018.
    As of October 21, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 70 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (79 FR 56107; 79 FR 
73946):

Michael L. Agnitsch (NE)
Earl W. Avery (TN)
Michael A. Baker (CT)
Pablo H. Bilbao La Vieja Pozo (RI)
Todd D. Bloomfield (WA)
Charles K. Bond (PA)
Christopher R. Cook (NY)
Wygila M. Corliss (NM)
Timothy J. Cornish (OH)
Evan R. Dieken (MN)
Greg B. Duck (TX)
Richard A. Durr (IL)
George B. Ferris, Jr. (NY)
John B. Flood (MO)
Brian K. Forrest (PA)
David S. Fortune (VA)
John Galione (NJ)
Peter E. Ganss (KS)
David E. Gates (MA)
Michael Hawkins (SC)
Rodney J. Hendricks (ID)
Timothy U. Herring (NC)
Richard L. Hines (NC)
David M. Hughes (UT)
Jammie L. Hughes (OH)
Andy L. Hughes (IL)
Rodney L. Johnson (OR)
Paul D. Kimmel (IA)
Scott M. Klain (OR)
Jeffrey P. Kloeckl (SD)
John J. Kress (AZ)
Gregory L. Kuharski (MN)
Robert B. Langston, III (MS)
Mark W. Lavorini (PA)
Alan S. Lewis (NM)
William M. Linskey (MA)
Jason D. Lowder (OH)
Arnold V. Magaoay (HI)
Norman C. Mallett (AR)
Justin T. Mattice (AZ)
Leldon W. McCutcheon (AL)
William F. McQueen Jr. (MO)
Kenneth M. Miller (ID)
William F. Mitchell (CT)
Richard E. Moore (NY)
Matthew K. Morrison (UT)
Gary R. Nelson (MN)
Edward L. Norfleet (AL)
Mark P. Norwood (NV)
Kyle R. Perry (PA)
Michael L. Plinski (WA)
Christopher M. Provance (NE)
James A. Rambo (VA)
Michael E. Reck (OH)
Warren A. Richter (MN)
Richard D. Sandison (ND)
James E. Seymour (PA)
Calvin R. Smith (IL)
Wesley J. Summerville (PA)
William R. Thome (IA)
Stephen M. Thompson (GA)
Randy L. Triplett (OH)
John E. Trygstad (SD)
Steven R. Weir (MA)
Richard T. Whitney (MN)
Donald D. Willard (IA)
Gary W. Wozniak (NE)
Steven L. Yokom (ID)
Allan M. Younglas (PA)
Daniel R. Zuriff (MN)

    The drivers were included in Docket No. FMCSA-2014-0021. Their 
exemptions are effective as of October 21, 2016, and will expire on 
October 21, 2018.
    As of October 22, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 16 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (77 FR 52384; 77 FR 
64585):

Richard T. Ewell (IL)
Patrick D. Fortier (MN)
Daniel J. Gladen (MN)
Walter V. Gruba (VA)
Marshall D. Howell (MI)
Roger P. LaFever (WI)
William R. Lawrence (MT)
Duane J. Mullins (WI)
Louis R. Noellsch (WA)
Darrin W. Pettis (WA)
Michael J. Raposa (MA)
Anthony E. Reed (MO)
Earl L. Slater (NY)
Keith J. Tavares (MA)
Phillip L. Truitt (MD)
David A. Weinbroer (KY)

    The drivers were included in Docket No. FMCSA-2012-0128. Their 
exemptions are effective as of October 22, 2016, and will expire on 
October 22, 2018.
    As of October 31, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 7 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule

[[Page 3845]]

prohibiting drivers with ITDM from driving CMVs in interstate commerce 
(77 FR 56258; 77 FR 65929):

Edward K. Belcher (KY)
Philip C. Brooks, Jr. (VA)
Michael R. Conley (MN)
Patrick J. Connors (MA)
John C. Halabura (PA)
Paul L. Harrison III (NY)
Robert D. Marshall (PA)

    The drivers were included in Docket No. FMCSA-2012-0219. Their 
exemptions are effective as of October 31, 2016, and will expire on 
October 31, 2018.
    Each of the 116 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 
116 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-2010-0247; FMCSA-2012-0128; FMCSA-
2012-0217; FMCSA-2012-0219; FMCSA-2014-0021.
    In accordance with 49 U.S.C. 31315, each exemption will be valid 
for two years from the effective date unless revoked earlier by FMCSA. 
The exemption will be revoked if the following occurs: (1) The person 
fails to comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
prior to being granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136 and 
31315.

    Issued on: January 6, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-00516 Filed 1-11-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                                Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Notices                                           3843

                                                  FR 23054, 79 FR 73400). In addition, for                driver must submit annual reports from                 Federal Motor Carrier Safety
                                                  Commercial Driver’s License (CDL)                       their treating physicians attesting to the             Regulations (FMCSRs) against persons
                                                  holders, the Commercial Driver’s                        stability of treatment and that the driver             with insulin-treated diabetes mellitus
                                                  License information System (CDLIS)                      has remained seizure-free; (3) each                    (ITDM) from operating commercial
                                                  and the Motor Carrier Management                        driver must undergo an annual medical                  motor vehicles (CMVs) in interstate
                                                  Information System (MCMIS) are                          examination by a certified Medical                     commerce. The exemptions enable these
                                                  searched for crash and violation data.                  Examiner, as defined by 49 CFR 390.5;                  individuals with ITDM to continue to
                                                  For non-CDL holders, the Agency                         and (4) each driver must provide a copy                operate CMVs in interstate commerce.
                                                  reviews the driving records from the                    of the annual medical certification to                 DATES: Each group of renewed
                                                  State Driver’s Licensing Agency (SDLA).                 the employer for retention in the                      exemptions was effective on the dates
                                                  These factors provide an adequate basis                 driver’s qualification file or keep a copy             stated in the discussions below and will
                                                  for predicting each driver’s ability to                 of his/her driver’s qualification file if              expire on the dates stated in the
                                                  continue to safely operate a CMV in                     he/she is self-employed. The driver                    discussions below.
                                                  interstate commerce.                                    must have a copy of the exemption                      FOR FURTHER INFORMATION CONTACT: Ms.
                                                     The 10 drivers in this notice remain                 when driving for presentation to a duly                Christine A. Hydock, Chief, Medical
                                                  in good standing with the Agency, have                  authorized Federal, State, or local                    Programs Division, 202–366–4001,
                                                  maintained their medical monitoring,                    enforcement official. The exemption                    fmcsamedical@dot.gov, FMCSA,
                                                  and have not exhibited any medical                      will be rescinded if: (1) The person fails             Department of Transportation, 1200
                                                  issues that would compromise their                      to comply with the terms and                           New Jersey Avenue SE., Room W64–
                                                  ability to safely operate a CMV during                  conditions of the exemption; (2) the                   224, Washington, DC 20590–0001.
                                                  the previous two-year exemption                         exemption has resulted in a lower level                Office hours are from 8 a.m. to 5:30
                                                  period. FMCSA has concluded that                        of safety than was maintained before it                p.m., e.t., Monday through Friday,
                                                  renewing the exemptions for each of                     was granted; or (3) continuation of the                except Federal holidays. If you have
                                                  these applicants is likely to achieve a                 exemption would not be consistent with                 questions regarding viewing or
                                                  level of safety equal to that existing                  the goals and objectives of 49 U.S.C.                  submitting material to the docket,
                                                  without the exemption. Therefore,                       31136(e) and 31315.                                    contact Docket Services, telephone (202)
                                                  FMCSA has decided to renew each                                                                                366–9826.
                                                                                                          V. Preemption
                                                  exemption for a two-year period. In                                                                            SUPPLEMENTARY INFORMATION:
                                                  accordance with 49 U.S.C. 31136(e) and                     During the period the exemption is in
                                                  31315, each driver has received a                       effect, no State shall enforce any law or              I. Electronic Access
                                                  renewed exemption.                                      regulation that conflicts with this                       You may see all the comments online
                                                     As of June 9, 2016, David Crowe (VA)                 exemption with respect to a person                     through the Federal Document
                                                  has satisfied the renewal conditions for                operating under the exemption.                         Management System (FDMS) at: http://
                                                  obtaining an exemption from the                         VI. Conclusion                                         www.regulations.gov.
                                                  Epilepsy and Seizure Disorders                                                                                    Docket: For access to the docket to
                                                  prohibition in 49 CFR 391.41(b)(8) from                   Based upon its evaluation of the 10                  read background documents or
                                                  driving CMVs in interstate commerce                     exemption applications, FMCSA renews                   comments, go to http://
                                                  (79 FR 23054). This driver was included                 the exemptions of the aforementioned                   www.regulations.gov and/or Room
                                                  in FMCSA–2013–0109. The exemption                       drivers from the Epilepsy and Seizure                  W12–140 on the ground level of the
                                                  was effective on June 9, 2016, and will                 Disorders requirement in 49 CFR                        West Building, 1200 New Jersey Avenue
                                                  expire on June 9, 2018.                                 391.41(b)(8). In accordance with 49                    SE., Washington, DC, between 9 a.m.
                                                     As of June 24, 2016, the following 9                 U.S.C. 31136(e) and 31315, each                        and 5 p.m., e.t., Monday through Friday,
                                                  individuals have satisfied the renewal                  exemption will be valid for two years                  except Federal holidays.
                                                  conditions for obtaining an exemption                   unless revoked earlier by FMCSA.                          Privacy Act: In accordance with 5
                                                  from the Epilepsy and Seizure Disorders                   Issued on: December 29, 2016.                        U.S.C. 553(c), DOT solicits comments
                                                  prohibition in 49 CFR 391.41(b)(8) from                 Larry W. Minor,                                        from the public to better inform its
                                                  driving CMVs in interstate commerce                                                                            rulemaking process. DOT posts these
                                                                                                          Associate Administrator for Policy.
                                                  (79 FR 73400):                                                                                                 comments, without edit, including any
                                                                                                          [FR Doc. 2017–00518 Filed 1–11–17; 8:45 am]
                                                                                                                                                                 personal information the commenter
                                                     Travis Arend (VA)                                    BILLING CODE 4910–EX–P
                                                                                                                                                                 provides, to http://www.regulations.gov,
                                                     Heath Crowe (LA)                                                                                            as described in the system of records
                                                     Richard Degnan (AZ)                                                                                         notice (DOT/ALL–14 FDMS), which can
                                                     Peter DellaRocco (PA)                                DEPARTMENT OF TRANSPORTATION
                                                                                                                                                                 be reviewed at http://www.dot.gov/
                                                     Domenick Panfie (NJ)                                                                                        privacy.
                                                     Scott Reaves (TX)                                    Federal Motor Carrier Safety
                                                     Milton Tatham (NV)                                   Administration                                         II. Background
                                                     Thomas Tincher (VA)                                  [Docket No. FMCSA–2010–0247; FMCSA–                       On November 15, 2016, FMCSA
                                                     Duane Troff (MN)                                     2012–0128; FMCSA–2012–0217; FMCSA–                     published a notice announcing its
                                                     These drivers were included in                       2012–0219; FMCSA–2014–0021]                            decision to renew exemptions for 116
                                                  FMCSA–2013–0444. The exemptions                                                                                individuals from the insulin-treated
                                                  were effective on June 24, 2016, and                    Qualification of Drivers; Exemption                    diabetes mellitus prohibition in 49 CFR
                                                                                                          Applications; Diabetes
mstockstill on DSK3G9T082PROD with NOTICES




                                                  will expire on June 24, 2018.                                                                                  391.41(b)(3) to operate a CMV in
                                                                                                          AGENCY: Federal Motor Carrier Safety                   interstate commerce and requested
                                                  IV. Conditions and Requirements
                                                                                                          Administration (FMCSA), DOT.                           comments from the public (81 FR
                                                    The exemptions are extended subject                   ACTION: Notice of final disposition.                   80164). The public comment period
                                                  to the following conditions: (1) Each                                                                          ended on December 15, 2016 and no
                                                  driver must remain seizure-free and                     SUMMARY:  FMCSA announces its                          comments were received.
                                                  maintain a stable treatment during the                  decision to renew exemptions of 116                       As stated in the previous notice,
                                                  two-year exemption period; (2) each                     individuals from its prohibition in the                FMCSA has evaluated the eligibility of


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                                                  3844                          Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Notices

                                                  these applicants and determined that                    Eric A. Anderson (ND)                                  William F. McQueen Jr. (MO)
                                                  renewing these exemptions would                         Juan E. Boyd (NC)                                      Kenneth M. Miller (ID)
                                                  achieve a level of safety equivalent to or              Bradley R. Burns (OH)                                  William F. Mitchell (CT)
                                                  greater than the level that would be                    Leo G. Dinero (GA)                                     Richard E. Moore (NY)
                                                  achieved by complying with the current                  Terry W. Ferguson (GA)                                 Matthew K. Morrison (UT)
                                                  regulation 49 CFR 391.41(b)(3).                         Thomas G. Flanagan (IN)                                Gary R. Nelson (MN)
                                                     The physical qualification standard                  Donald K. Fraase (ND)                                  Edward L. Norfleet (AL)
                                                  for drivers regarding diabetes found in                 Jason W. Geier (MT)                                    Mark P. Norwood (NV)
                                                  49 CFR 391.41(b)(3) states that a person                Scott R. Grange (CA)                                   Kyle R. Perry (PA)
                                                  is physically qualified to drive a CMV                  John A. Hayes (NY)                                     Michael L. Plinski (WA)
                                                  if that person has no established                       Bradley D. Heagel (IA)                                 Christopher M. Provance (NE)
                                                  medical history or clinical diagnosis of                Harold A. Meeker, Jr. (MA)                             James A. Rambo (VA)
                                                  diabetes mellitus currently requiring                   Ronald D. Olson (WI)                                   Michael E. Reck (OH)
                                                  insulin for control.                                    Daniel E. Velasco (MD)                                 Warren A. Richter (MN)
                                                                                                             The drivers were included in Docket                 Richard D. Sandison (ND)
                                                  III. Discussion of Comments                                                                                    James E. Seymour (PA)
                                                                                                          No. FMCSA–2010–0247. Their
                                                     FMCSA received no comments in this                   exemptions are effective as of October                 Calvin R. Smith (IL)
                                                  preceding.                                              19, 2016, and will expire on October 19,               Wesley J. Summerville (PA)
                                                                                                          2018.                                                  William R. Thome (IA)
                                                  IV. Conclusion
                                                                                                             As of October 21, 2016, and in                      Stephen M. Thompson (GA)
                                                     Based upon its evaluation of the 116                                                                        Randy L. Triplett (OH)
                                                                                                          accordance with 49 U.S.C. 31136(e) and
                                                  renewal exemption applications and                                                                             John E. Trygstad (SD)
                                                                                                          31315, the following 70 individuals
                                                  that no comments were received,                                                                                Steven R. Weir (MA)
                                                                                                          have satisfied the renewal conditions for
                                                  FMCSA confirms its’ decision to exempt                                                                         Richard T. Whitney (MN)
                                                                                                          obtaining an exemption from the rule
                                                  the following drivers from the rule                                                                            Donald D. Willard (IA)
                                                                                                          prohibiting drivers with ITDM from
                                                  prohibiting drivers with ITDM from                                                                             Gary W. Wozniak (NE)
                                                                                                          driving CMVs in interstate commerce
                                                  driving CMVs in interstate commerce in                                                                         Steven L. Yokom (ID)
                                                                                                          (79 FR 56107; 79 FR 73946):
                                                  49 CFR 391.64(3):                                                                                              Allan M. Younglas (PA)
                                                     As of October 8, 2016, and in                        Michael L. Agnitsch (NE)
                                                                                                                                                                 Daniel R. Zuriff (MN)
                                                  accordance with 49 U.S.C. 31136(e) and                  Earl W. Avery (TN)
                                                                                                          Michael A. Baker (CT)                                    The drivers were included in Docket
                                                  31315, the following individual, Gary B.                                                                       No. FMCSA–2014–0021. Their
                                                  Bland (GA) has satisfied the renewal                    Pablo H. Bilbao La Vieja Pozo (RI)
                                                                                                          Todd D. Bloomfield (WA)                                exemptions are effective as of October
                                                  conditions for obtaining an exemption                                                                          21, 2016, and will expire on October 21,
                                                  from the rule prohibiting drivers with                  Charles K. Bond (PA)
                                                                                                          Christopher R. Cook (NY)                               2018.
                                                  ITDM from driving CMVs in interstate                                                                             As of October 22, 2016, and in
                                                  commerce. (75 FR 52813; 75 FR 64394):                   Wygila M. Corliss (NM)
                                                                                                          Timothy J. Cornish (OH)                                accordance with 49 U.S.C. 31136(e) and
                                                     The driver was included in Docket                                                                           31315, the following 16 individuals
                                                  No. FMCSA–2010–0247. The exemption                      Evan R. Dieken (MN)
                                                                                                          Greg B. Duck (TX)                                      have satisfied the renewal conditions for
                                                  is effective as of October 8, 2016, and                                                                        obtaining an exemption from the rule
                                                  will expire on October 8, 2018.                         Richard A. Durr (IL)
                                                                                                          George B. Ferris, Jr. (NY)                             prohibiting drivers with ITDM from
                                                     As of October 10, 2016, and in
                                                                                                          John B. Flood (MO)                                     driving CMVs in interstate commerce
                                                  accordance with 49 U.S.C. 31136(e) and
                                                                                                          Brian K. Forrest (PA)                                  (77 FR 52384; 77 FR 64585):
                                                  31315, the following 8 individuals have
                                                  satisfied the renewal conditions for                    David S. Fortune (VA)                                  Richard T. Ewell (IL)
                                                  obtaining an exemption from the rule                    John Galione (NJ)                                      Patrick D. Fortier (MN)
                                                  prohibiting drivers with ITDM from                      Peter E. Ganss (KS)                                    Daniel J. Gladen (MN)
                                                  driving CMVs in interstate commerce                     David E. Gates (MA)                                    Walter V. Gruba (VA)
                                                  (77 FR 48587; 77 FR 61655):                             Michael Hawkins (SC)                                   Marshall D. Howell (MI)
                                                                                                          Rodney J. Hendricks (ID)                               Roger P. LaFever (WI)
                                                  Dominick Bravata (IL)
                                                                                                          Timothy U. Herring (NC)                                William R. Lawrence (MT)
                                                  Barry J. Drews (MI)
                                                  Mason L. Hall (SD)                                      Richard L. Hines (NC)                                  Duane J. Mullins (WI)
                                                  Chad E. Hasler (MT)                                     David M. Hughes (UT)                                   Louis R. Noellsch (WA)
                                                  Norman A. Latondresse (RI)                              Jammie L. Hughes (OH)                                  Darrin W. Pettis (WA)
                                                  Robert C. Lister, Jr. (OH)                              Andy L. Hughes (IL)                                    Michael J. Raposa (MA)
                                                  Robert E. Smith (GA)                                    Rodney L. Johnson (OR)                                 Anthony E. Reed (MO)
                                                  Steven A. Wilson (FL)                                   Paul D. Kimmel (IA)                                    Earl L. Slater (NY)
                                                     The drivers were included in Docket                  Scott M. Klain (OR)                                    Keith J. Tavares (MA)
                                                  No. FMCSA–2012–0217. Their                              Jeffrey P. Kloeckl (SD)                                Phillip L. Truitt (MD)
                                                  exemptions are effective as of October                  John J. Kress (AZ)                                     David A. Weinbroer (KY)
                                                  10, 2016, and will expire on October 10,                Gregory L. Kuharski (MN)                                 The drivers were included in Docket
                                                  2018.                                                   Robert B. Langston, III (MS)                           No. FMCSA–2012–0128. Their
                                                     As of October 19, 2016, and in                       Mark W. Lavorini (PA)                                  exemptions are effective as of October
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                                                  accordance with 49 U.S.C. 31136(e) and                  Alan S. Lewis (NM)                                     22, 2016, and will expire on October 22,
                                                  31315, the following 14 individuals                     William M. Linskey (MA)                                2018.
                                                  have satisfied the renewal conditions for               Jason D. Lowder (OH)                                     As of October 31, 2016, and in
                                                  obtaining an exemption from the rule                    Arnold V. Magaoay (HI)                                 accordance with 49 U.S.C. 31136(e) and
                                                  prohibiting drivers with ITDM from                      Norman C. Mallett (AR)                                 31315, the following 7 individuals have
                                                  driving CMVs in interstate commerce                     Justin T. Mattice (AZ)                                 satisfied the renewal conditions for
                                                  (75 FR 52813; 75 FR 64394):                             Leldon W. McCutcheon (AL)                              obtaining an exemption from the rule


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                                                                                Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Notices                                              3845

                                                  prohibiting drivers with ITDM from                      ACTION:Notice of applications for                      personal information the commenter
                                                  driving CMVs in interstate commerce                     exemptions; request for comments.                      provides, to www.regulations.gov, as
                                                  (77 FR 56258; 77 FR 65929):                                                                                    described in the system of records
                                                  Edward K. Belcher (KY)                                  SUMMARY:   FMCSA announces receipt of                  notice (DOT/ALL–14 FDMS), which can
                                                  Philip C. Brooks, Jr. (VA)                              applications from 47 individuals for                   be reviewed at www.dot.gov/privacy.
                                                  Michael R. Conley (MN)                                  exemption from the prohibition against                 FOR FURTHER INFORMATION CONTACT: Ms.
                                                  Patrick J. Connors (MA)                                 persons with insulin-treated diabetes                  Christine A. Hydock, Chief, Medical
                                                  John C. Halabura (PA)                                   mellitus (ITDM) operating commercial                   Programs Division, (202) 366–4001,
                                                  Paul L. Harrison III (NY)                               motor vehicles (CMVs) in interstate                    fmcsamedical@dot.gov, FMCSA,
                                                  Robert D. Marshall (PA)                                 commerce. If granted, the exemptions                   Department of Transportation, 1200
                                                    The drivers were included in Docket                   would enable these individuals with                    New Jersey Avenue SE., Room W64–
                                                  No. FMCSA–2012–0219. Their                              ITDM to operate CMVs in interstate                     113, Washington, DC 20590–0001.
                                                  exemptions are effective as of October                  commerce.                                              Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                                  31, 2016, and will expire on October 31,                DATES:  Comments must be received on                   Monday through Friday, except Federal
                                                  2018.                                                   or before February 13, 2017.                           holidays.
                                                    Each of the 116 drivers in the
                                                  aforementioned groups qualifies for a                   ADDRESSES: You may submit comments                     SUPPLEMENTARY INFORMATION:
                                                  renewal of the exemption. They have                     bearing the Federal Docket Management
                                                                                                                                                                 I. Background
                                                  maintained their required medical                       System (FDMS) Docket No. FMCSA–
                                                                                                          2016–0382 using any of the following                      Under 49 U.S.C. 31136(e) and 31315,
                                                  monitoring and have not exhibited any
                                                                                                          methods:                                               FMCSA may grant an exemption from
                                                  medical issues that would compromise
                                                  their ability to safely operate a CMV                     • Federal eRulemaking Portal: Go to                  the Federal Motor Carrier Safety
                                                                                                          http://www.regulations.gov. Follow the                 Regulations for a 2-year period if it finds
                                                  during the previous 2-year exemption
                                                                                                          on-line instructions for submitting                    ‘‘such exemption would likely achieve a
                                                  period.
                                                    These factors provide an adequate                     comments.                                              level of safety that is equivalent to or
                                                  basis for predicting each driver’s ability                • Mail: Docket Management Facility;                  greater than the level that would be
                                                  to continue to drive safely in interstate               U.S. Department of Transportation, 1200                achieved absent such exemption.’’ The
                                                  commerce. Therefore, FMCSA                              New Jersey Avenue SE., West Building                   statute also allows the Agency to renew
                                                  concludes that extending the exemption                  Ground Floor, Room W12–140,                            exemptions at the end of the 2-year
                                                  for each of the 116 drivers for a period                Washington, DC 20590–0001.                             period. The 47 individuals listed in this
                                                  of two years is likely to achieve a level                 • Hand Delivery: West Building                       notice have recently requested such an
                                                  of safety equal to that existing without                Ground Floor, Room W12–140, 1200                       exemption from the diabetes prohibition
                                                  the exemption. The drivers were                         New Jersey Avenue SE., Washington,                     in 49 CFR 391.41(b)(3), which applies to
                                                  included in docket numbers FMCSA–                       DC, between 9 a.m. and 5 p.m., e.t.,                   drivers of CMVs in interstate commerce.
                                                  2010–0247; FMCSA–2012–0128;                             Monday through Friday, except Federal                  Accordingly, the Agency will evaluate
                                                  FMCSA–2012–0217; FMCSA–2012–                            Holidays.                                              the qualifications of each applicant to
                                                  0219; FMCSA–2014–0021.                                    • Fax: 1–202–493–2251.                               determine whether granting the
                                                    In accordance with 49 U.S.C. 31315,                      Instructions: Each submission must                  exemption will achieve the required
                                                  each exemption will be valid for two                    include the Agency name and the                        level of safety mandated by statute.
                                                  years from the effective date unless                    docket numbers for this notice. Note                   II. Qualifications of Applicants
                                                  revoked earlier by FMCSA. The                           that all comments received will be
                                                  exemption will be revoked if the                        posted without change to http://                       Luciano Abreu
                                                  following occurs: (1) The person fails to               www.regulations.gov, including any                       Mr. Abreu, 61, has had ITDM since
                                                  comply with the terms and conditions                    personal information provided. Please                  2016. His endocrinologist examined him
                                                  of the exemption; (2) the exemption has                 see the Privacy Act heading below for                  in 2016 and certified that he has had no
                                                  resulted in a lower level of safety than                further information.                                   severe hypoglycemic reactions resulting
                                                  was maintained prior to being granted;                     Docket: For access to the docket to                 in loss of consciousness, requiring the
                                                  or (3) continuation of the exemption                    read background documents or                           assistance of another person, or
                                                  would not be consistent with the goals                  comments, go to http://                                resulting in impaired cognitive function
                                                  and objectives of 49 U.S.C. 31136 and                   www.regulations.gov at any time or                     that occurred without warning in the
                                                  31315.                                                  Room W12–140 on the ground level of                    past 12 months and no recurrent (2 or
                                                    Issued on: January 6, 2017.                           the West Building, 1200 New Jersey                     more) severe hypoglycemic episodes in
                                                  Larry W. Minor,
                                                                                                          Avenue SE., Washington, DC, between 9                  the last 5 years. His endocrinologist
                                                                                                          a.m. and 5 p.m., e.t., Monday through                  certifies that Mr. Abreu understands
                                                  Associate Administrator for Policy.
                                                                                                          Friday, except Federal holidays. The                   diabetes management and monitoring,
                                                  [FR Doc. 2017–00516 Filed 1–11–17; 8:45 am]
                                                                                                          Federal Docket Management System                       has stable control of his diabetes using
                                                  BILLING CODE 4910–EX–P
                                                                                                          (FDMS) is available 24 hours each day,                 insulin, and is able to drive a CMV
                                                                                                          365 days each year. If you want                        safely. Mr. Abreu meets the
                                                                                                          acknowledgment that we received your                   requirements of the vision standard at
                                                  DEPARTMENT OF TRANSPORTATION
                                                                                                          comments, please include a self-                       49 CFR 391.41(b)(10). His
                                                  Federal Motor Carrier Safety                            addressed, stamped envelope or                         ophthalmologist examined him in 2016
                                                                                                          postcard or print the acknowledgement
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Administration                                                                                                 and certified that he does not have
                                                                                                          page that appears after submitting                     diabetic retinopathy. He holds an
                                                  [Docket No. FMCSA–2016–0382]                            comments on-line.                                      operator’s license from New Jersey.
                                                                                                             Privacy Act: In accordance with 5
                                                  Qualification of Drivers; Exemption                                                                            Louis I. Alonzo
                                                                                                          U.S.C. 553(c), DOT solicits comments
                                                  Applications; Diabetes Mellitus
                                                                                                          from the public to better inform its                     Mr. Alonzo, 45, has had ITDM since
                                                  AGENCY:Federal Motor Carrier Safety                     rulemaking process. DOT posts these                    2016. His endocrinologist examined him
                                                  Administration (FMCSA).                                 comments, without edit, including any                  in 2016 and certified that he has had no


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Document Created: 2017-03-21 14:40:09
Document Modified: 2017-03-21 14:40:09
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 effective 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 3843 

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