82_FR_40104 82 FR 39943 - Qualification of Drivers; Exemption Applications; Diabetes

82 FR 39943 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 161 (August 22, 2017)

Page Range39943-39945
FR Document2017-17720

FMCSA announces its decision to renew exemptions for 121 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 161 (Tuesday, August 22, 2017)
[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Notices]
[Pages 39943-39945]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17720]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-20721; FMCSA-2009-0174; FMCSA-2013-0020; FMCSA-
2015-0064; FMCSA-2015-0065; FMCSA-2015-0066]


Qualification of Drivers; Exemption Applications; Diabetes

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

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

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

SUMMARY: FMCSA announces its decision to renew exemptions for 121 
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 were applicable on the dates 
stated in the discussions below and will expire on the dates stated in 
the discussions below. Comments must be received on or before September 
21, 2017.

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 8:30 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.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2005-20721; FMCSA-2009-0174; 
FMCSA-2013-0020; FMCSA-2015-0064; FMCSA-2015-0065; FMCSA-2015-0066 
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online 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: 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(s) for this notice. Note that all comments received will 
be posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    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 FDMS is available 24 hours each day e.t., 
365 days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments online.
    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.

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for two years 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 two-year period.
    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.

    The 121 individuals listed in this notice have requested renewal of 
their exemptions from the diabetes standard in 49 CFR 391.41(b)(3), in 
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated 
these applications for renewal on their merits and decided to extend 
each exemption for a renewable two-year period.

[[Page 39944]]

II. Request for Comments

    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.

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. In accordance with 49 U.S.C. 31136(e) and 31315, each of 
the 121 applicants has satisfied the renewal conditions for obtaining 
an exemption from the diabetes requirement (70 FR 23898; 70 FR 52465; 
74 FR 37288; 74 FR 48641; 78 FR 38439; 78 FR 60014; 80 FR 47024; 80 FR 
48396; 80 FR 49304; 80 FR 77079; 80 FR 79399; 80 FR 79411). 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 two-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 these drivers for a 
period of two years is likely to achieve a level of safety equal to 
that existing without the exemption.
    As of September 2, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following three individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (70 FR 23898; 70 FR 
52465): Lee R. Kumm (WI), Mitchell L. Pullen (NE), Steven R. Zoller 
(MN).
    The drivers were included in docket number FMCSA-2005-20721. Their 
exemptions are applicable as of September 2, 2017, and will expire on 
September 2, 2019.
    As of September 9, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 28 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 47024; 80 FR 
79411):

Earl H. Andreas (PA)
Kristopher K. Bitting (PA)
Eric A. Bouldin (TX)
Victor Carranza (IA)
Steven A. Casavant (RI)
Justin M. Coffey (KY)
Steven W. Conrad, Jr. (PA)
Jeremy L. Demar (MN)
Anthony C. Eavenson (NM)
Markie Q. Elsey (MD)
Michael W. Finnegan (NJ)
Gale A. Gallagher (IL)
Scott E. Gallagher (VA)
David L. Hareland (MN)
Brian C. Kenerson (NH)
Garrett P. Lockwood (IN)
Sean P. McNally (AZ)
Ryan A. McNaught (FL)
Paul R. Monfils (RI)
Bryan Moser (AR)
Anthony J. Nault (NH)
Alvin W. Peck, Jr. (SD)
Kenneth W. Romjue (OK)
Randy E. Smith (PA)
Curtis G. Taylor (WA)
Jacob F.M. Tucker (UT)
Joseph T. Webb, Jr. (NH)
Douglas L. Zerkle (OH)

    The drivers were included in docket number FMCSA-2015-0064. Their 
exemptions are applicable as of September 9, 2017, and will expire on 
September 9, 2019.
    As of September 12, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 29 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 48396; 80 FR 
77079):

Reynaldo R. Amaro (TX)
Brandon C. Bair (NV)
James K. Copley (WV)
Richard L. Corzine (IL)
Kevin D. Crouse (CA)
Thomas A. Draper (CA)
John J. Fortman (ND)
Jamey M. George (MO)
Matthew Harkanson (PA)
Kenneth P. Hazel (NM)
Tracy D. Henderson (NM)
Gary H. Jacobs (VT)
Jack L. Lane Jr. (KS)
Thomas J. Leffingwell (NY)
Donald R. Meckley, Jr. (MD)
Jeffrey K. Moore (KY)
Sidney T. Nalley, Jr. (GA)
Jason B. Nolte (IN)
James G. Pruitt (MO)
Thomas V. Ransom (ID)
Raymond D. Reber (IN)
Jackson A. Savarese (CA)
Richard A. Sawyer (ME)
Bruno T. Schizzano (NY)
Christopher S. Seago (NE)
Joseph W. Sprague (NM)
Derrick L. Vaughan (TX)
Anthony J. Vicario (NY)
Henry D. Yeska III (PA)

    The drivers were included in docket number FMCSA-2015-0065. Their 
exemptions are applicable as of September 12, 2017, and will expire on 
September 12, 2019.
    As of September 17, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 40 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 49304; 80 FR 
79399):

Joshua E. Adkins (KS)
Rosendo R. Amador (TX)
George H. Bonney, Jr. (NH)
John J. D'Agostino (NJ)
James R. Ditman (IN)
Eric D. Egan (IL)
Walter R. Elser (VT)
Ryan S. Farrell (MA)
Patrick F. Felix (WI)
Jermaine Galle (GA)
Gary A. Gross (SD)
Terry L. Guynes (MO)
Colin W. Hale (NY)
Clarence Hill (NY)
Marcus Hughes (GA)
Michael C. Lewis (SD)
Robert L. Moberly (OR)
Jason L. Montgomery (WA)
John F. Mortieau (MT)
Alexander Musalin (WA)
Clark E. Najac (NY)
Matthew S. Ness (WI)
Andrew T. Oezer (MI)
Vanja Pazin (OR)
Troy A. Pearl (WA)
Randell J. Pecenka (IA)
Leonard M. Radford (IN)
Jerry J. Rava (CA)
William J. Rixon Jr. (NJ)
Matias Rodriguez Jr. (CT)
William J. Schrade (CT)
John W. Schwirian (PA)
Shain L. Simpson (UT)
Neil E. Smith (KS)
Joey F. Starnes (AL)
Joshua R. Stieb (CO)
Donald L. Strand (MT)
Rick L. Vosburg (CA)
William G. Wressell (WA)
Randy P. Young (IN)

    The drivers were included in docket number FMCSA-2015-0066. Their 
exemptions are applicable as of September 17, 2017, and will expire on 
September 17, 2019.
    As of September 18, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following six 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 38439; 78 FR 
60014):

[[Page 39945]]

Larry K. Brindle (KS)
Donald F. Kurzejewski (PA)
Joshua O. Lilly (VA)
Steven C. Lundberg (IA)
Roger D. Mott (IA)
Christopher J. Wisner (MD)

    The drivers were included in docket number FMCSA-2013-0020. Their 
exemptions are applicable as of September 18, 2017, and will expire on 
September 18, 2019.
    As of September 22, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 15 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 37288; 74 FR 
48641):

Michael F. Arthur (ME)
Roelf F. Aufforth (MN)
Christopher S. Cate (NH)
Raymond A. Dietz (FL)
Steven C. Ellenberger (NE)
Dori A. Hoffmann (NE)
William C. Howard (VA)
Steven A. Mayhew (NY)
Michael G. Mulder (MN)
Bradley D. Nickles, Jr. (NH)
Frank A. Rhodes (WI)
James B. Roth (IL)
Matthew T. Russell (TN)
Tranquilino D. Sena (NM)
John A. Serth, Jr. (NY)

    The drivers were included in docket number FMCSA-2009-0174. Their 
exemptions are applicable as of September 22, 2017, and will expire on 
September 22, 2019.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions: 
(1) Each driver must submit a quarterly monitoring checklist completed 
by the treating endocrinologist as well as an annual checklist with a 
comprehensive medical evaluation; (2) each driver must report within 
two 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) each driver must submit an annual ophthalmologist's 
or optometrist's report; and (4) each driver must 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 exemption when driving, for presentation to a duly 
authorized Federal, State, or local enforcement official. The exemption 
will be rescinded if: (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 before it was granted; or (3) 
continuation of the exemption would not be consistent with the goals 
and objectives of 49 U.S.C. 31136(e) and 31315.

V. Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or regulation that conflicts with this exemption with 
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the 121 exemption applications, FMCSA 
renews the exemptions of the aforementioned drivers from the rule 
prohibiting drivers with ITDM from driving CMVs in interstate commerce. 
In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be 
valid for two years unless revoked earlier by FMCSA.

    Issued on: August 10, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-17720 Filed 8-21-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                             Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices                                              39943

                                                  • Hand Delivery or Courier: Take                      DEPARTMENT OF TRANSPORTATION                          DC, between 9 a.m. and 5 p.m., e.t.,
                                                comments to Docket Operations in                                                                              Monday through Friday, except Federal
                                                Room W12–140 of the West Building                       Federal Motor Carrier Safety                          Holidays.
                                                Ground Floor at 1200 New Jersey                         Administration                                           • Fax: 1–202–493–2251.
                                                Avenue SE., Washington, DC, between 9                                                                            Instructions: Each submission must
                                                                                                        [Docket No. FMCSA–2005–20721; FMCSA–
                                                a.m. and 5 p.m., Monday through                         2009–0174; FMCSA–2013–0020; FMCSA–
                                                                                                                                                              include the Agency name and the
                                                Friday, except Federal holidays.                        2015–0064; FMCSA–2015–0065; FMCSA–                    docket number(s) for this notice. Note
                                                                                                        2015–0066]                                            that all comments received will be
                                                  • Fax: Fax comments to Docket                                                                               posted without change to http://
                                                Operations at (202) 493–2251.                           Qualification of Drivers; Exemption                   www.regulations.gov, including any
                                                  Privacy: In accordance with 5 U.S.C.                  Applications; Diabetes                                personal information provided. Please
                                                553(c), DOT solicits comments from the                                                                        see the Privacy Act heading below for
                                                                                                        AGENCY: Federal Motor Carrier Safety                  further information.
                                                public to better inform its rulemaking                  Administration (FMCSA), DOT.
                                                process. DOT posts these comments,                                                                               Docket: For access to the docket to
                                                                                                        ACTION: Notice of renewal of                          read background documents or
                                                without edit, including any personal                    exemptions; request for comments.                     comments, go to http://
                                                information the commenter provides, to
                                                                                                                                                              www.regulations.gov at any time or
                                                http://www.regulations.gov, as                          SUMMARY:    FMCSA announces its
                                                                                                                                                              Room W12–140 on the ground level of
                                                described in the system of records                      decision to renew exemptions for 121
                                                                                                                                                              the West Building, 1200 New Jersey
                                                notice (DOT/ALL–14 FDMS), which can                     individuals from its prohibition in the
                                                                                                                                                              Avenue SE., Washington, DC, between 9
                                                be reviewed at http://www.dot.gov/                      Federal Motor Carrier Safety
                                                                                                                                                              a.m. and 5 p.m., e.t., Monday through
                                                privacy.                                                Regulations (FMCSRs) against persons
                                                                                                                                                              Friday, except Federal holidays. The
                                                                                                        with insulin-treated diabetes mellitus
                                                  Docket: Background documents or                                                                             FDMS is available 24 hours each day
                                                                                                        (ITDM) from operating commercial
                                                comments received may be read at                                                                              e.t., 365 days each year. If you want
                                                                                                        motor vehicles (CMVs) in interstate
                                                http://www.regulations.gov at any time.                                                                       acknowledgment that we received your
                                                                                                        commerce. The exemptions enable these
                                                Follow the online instructions for                                                                            comments, please include a self-
                                                                                                        individuals with ITDM to continue to                  addressed, stamped envelope or
                                                accessing the docket or go to the Docket                operate CMVs in interstate commerce.
                                                Operations in Room W12–140 of the                                                                             postcard or print the acknowledgement
                                                                                                        DATES: Each group of renewed                          page that appears after submitting
                                                West Building Ground Floor at 1200                      exemptions were applicable on the
                                                New Jersey Avenue SE., Washington,                                                                            comments online.
                                                                                                        dates stated in the discussions below                    Privacy Act: In accordance with 5
                                                DC, between 9 a.m. and 5 p.m., Monday                   and will expire on the dates stated in                U.S.C. 553(c), DOT solicits comments
                                                through Friday, except Federal holidays.                the discussions below. Comments must                  from the public to better inform its
                                                FOR FURTHER INFORMATION CONTACT:   Nia                  be received on or before September 21,                rulemaking process. DOT posts these
                                                Daniels, (202) 267–7626, Office of                      2017.                                                 comments, without edit, including any
                                                Rulemaking, Federal Aviation                            FOR FURTHER INFORMATION CONTACT: Ms.                  personal information the commenter
                                                Administration, 800 Independence                        Christine A. Hydock, Chief, Medical                   provides, to http://www.regulations.gov,
                                                Avenue SW., Washington, DC 20591.                       Programs Division, 202–366–4001,                      as described in the system of records
                                                                                                        fmcsamedical@dot.gov, FMCSA,                          notice (DOT/ALL–14 FDMS), which can
                                                  This notice is published pursuant to                  Department of Transportation, 1200                    be reviewed at http://www.dot.gov/
                                                14 CFR 11.85.                                           New Jersey Avenue SE., Room W64–                      privacy.
                                                  Issued in Washington, DC, on August 3,                224, Washington, DC 20590–0001.
                                                                                                                                                              I. Background
                                                2017.                                                   Office hours are from 8:30 a.m. to 5:30
                                                                                                        p.m., e.t., Monday through Friday,                       Under 49 U.S.C. 31136(e) and 31315,
                                                Lirio Liu,
                                                                                                        except Federal holidays. If you have                  FMCSA may grant an exemption for two
                                                Director, Office of Rulemaking.                                                                               years if it finds ‘‘such exemption would
                                                                                                        questions regarding viewing or
                                                Petition for Exemption                                  submitting material to the docket,                    likely achieve a level of safety that is
                                                                                                        contact Docket Services, telephone (202)              equivalent to or greater than the level
                                                  Docket No.: FAA–2016–8866.                            366–9826.                                             that would be achieved absent such
                                                  Petitioner: KaiserAir, Inc.                           ADDRESSES: You may submit comments
                                                                                                                                                              exemption.’’ The statute also allows the
                                                                                                        bearing the Federal Docket Management                 Agency to renew exemptions at the end
                                                  Section(s) of 14 CFR Affected:                                                                              of the two-year period.
                                                121.613, 121.623(a), and 121.625.                       System (FDMS) Docket No. FMCSA–
                                                                                                                                                                 The physical qualification standard
                                                                                                        2005–20721; FMCSA–2009–0174;
                                                  Description of Relief Sought:                                                                               for drivers regarding diabetes found in
                                                                                                        FMCSA–2013–0020; FMCSA–2015–
                                                KaiserAir, Inc. would like an exemption                                                                       49 CFR 391.41(b)(3) states that a person
                                                                                                        0064; FMCSA–2015–0065; FMCSA–
                                                that would permit the flight release of                                                                       is physically qualified to drive a CMV
                                                                                                        2015–0066 using any of the following
                                                KAI aircraft under instrument flight                                                                          if that person:
                                                                                                        methods:
                                                rules when conditional language in a                       • Federal eRulemaking Portal: Go to                   Has no established medical history or
                                                one-time increment of the weather                       http://www.regulations.gov. Follow the                clinical diagnosis of diabetes mellitus
                                                forcast states that the weather at the                  online instructions for submitting                    currently requiring insulin for control.
                                                destination, alternate airport, or both                 comments.                                               The 121 individuals listed in this
                                                                                                           • Mail: Docket Management Facility;
sradovich on DSK3GMQ082PROD with NOTICES




                                                airports could be below the authorized                                                                        notice have requested renewal of their
                                                minimums when other time increments                     U.S. Department of Transportation, 1200               exemptions from the diabetes standard
                                                of the weather forcast state the weather                New Jersey Avenue SE., West Building                  in 49 CFR 391.41(b)(3), in accordance
                                                conditions will be at or above the                      Ground Floor, Room W12–140,                           with FMCSA procedures. Accordingly,
                                                authorized weather minimums.                            Washington, DC 20590–0001.                            FMCSA has evaluated these
                                                [FR Doc. 2017–17670 Filed 8–21–17; 8:45 am]
                                                                                                           • Hand Delivery: West Building                     applications for renewal on their merits
                                                                                                        Ground Floor, Room W12–140, 1200                      and decided to extend each exemption
                                                BILLING CODE 4910–13–P
                                                                                                        New Jersey Avenue SE., Washington,                    for a renewable two-year period.


                                           VerDate Sep<11>2014   20:25 Aug 21, 2017   Jkt 241001   PO 00000   Frm 00195   Fmt 4703   Sfmt 4703   E:\FR\FM\22AUN1.SGM   22AUN1


                                                39944                        Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices

                                                II. Request for Comments                                Earl H. Andreas (PA)                                  Anthony J. Vicario (NY)
                                                  Interested parties or organizations                   Kristopher K. Bitting (PA)                            Henry D. Yeska III (PA)
                                                possessing information that would                       Eric A. Bouldin (TX)                                    The drivers were included in docket
                                                otherwise show that any, or all, of these               Victor Carranza (IA)                                  number FMCSA–2015–0065. Their
                                                drivers are not currently achieving the                 Steven A. Casavant (RI)                               exemptions are applicable as of
                                                statutory level of safety should                        Justin M. Coffey (KY)                                 September 12, 2017, and will expire on
                                                immediately notify FMCSA. The                           Steven W. Conrad, Jr. (PA)                            September 12, 2019.
                                                                                                        Jeremy L. Demar (MN)                                    As of September 17, 2017, and in
                                                Agency will evaluate any adverse
                                                                                                        Anthony C. Eavenson (NM)                              accordance with 49 U.S.C. 31136(e) and
                                                evidence submitted and, if safety is
                                                                                                        Markie Q. Elsey (MD)                                  31315, the following 40 individuals
                                                being compromised or if continuation of
                                                                                                        Michael W. Finnegan (NJ)                              have satisfied the renewal conditions for
                                                the exemption would not be consistent
                                                                                                        Gale A. Gallagher (IL)                                obtaining an exemption from the rule
                                                with the goals and objectives of 49
                                                                                                        Scott E. Gallagher (VA)                               prohibiting drivers with ITDM from
                                                U.S.C. 31136(e) and 31315, FMCSA will
                                                                                                        David L. Hareland (MN)                                driving CMVs in interstate commerce
                                                take immediate steps to revoke the
                                                                                                        Brian C. Kenerson (NH)                                (80 FR 49304; 80 FR 79399):
                                                exemption of a driver.
                                                                                                        Garrett P. Lockwood (IN)
                                                                                                                                                              Joshua E. Adkins (KS)
                                                III. Basis for Renewing Exemptions                      Sean P. McNally (AZ)
                                                                                                                                                              Rosendo R. Amador (TX)
                                                   Under 49 U.S.C. 31315(b)(1), an                      Ryan A. McNaught (FL)
                                                                                                                                                              George H. Bonney, Jr. (NH)
                                                exemption may be granted for no longer                  Paul R. Monfils (RI)
                                                                                                                                                              John J. D’Agostino (NJ)
                                                                                                        Bryan Moser (AR)
                                                than two years from its approval date                                                                         James R. Ditman (IN)
                                                                                                        Anthony J. Nault (NH)
                                                and may be renewed upon application.                                                                          Eric D. Egan (IL)
                                                                                                        Alvin W. Peck, Jr. (SD)
                                                In accordance with 49 U.S.C. 31136(e)                                                                         Walter R. Elser (VT)
                                                                                                        Kenneth W. Romjue (OK)
                                                and 31315, each of the 121 applicants                                                                         Ryan S. Farrell (MA)
                                                                                                        Randy E. Smith (PA)
                                                has satisfied the renewal conditions for                                                                      Patrick F. Felix (WI)
                                                                                                        Curtis G. Taylor (WA)
                                                obtaining an exemption from the                                                                               Jermaine Galle (GA)
                                                                                                        Jacob F.M. Tucker (UT)
                                                diabetes requirement (70 FR 23898; 70                                                                         Gary A. Gross (SD)
                                                                                                        Joseph T. Webb, Jr. (NH)                              Terry L. Guynes (MO)
                                                FR 52465; 74 FR 37288; 74 FR 48641;
                                                                                                        Douglas L. Zerkle (OH)                                Colin W. Hale (NY)
                                                78 FR 38439; 78 FR 60014; 80 FR 47024;
                                                80 FR 48396; 80 FR 49304; 80 FR 77079;                     The drivers were included in docket                Clarence Hill (NY)
                                                80 FR 79399; 80 FR 79411). They have                    number FMCSA–2015–0064. Their                         Marcus Hughes (GA)
                                                maintained their required medical                       exemptions are applicable as of                       Michael C. Lewis (SD)
                                                monitoring and have not exhibited any                   September 9, 2017, and will expire on                 Robert L. Moberly (OR)
                                                medical issues that would compromise                    September 9, 2019.                                    Jason L. Montgomery (WA)
                                                their ability to safely operate a CMV                      As of September 12, 2017, and in                   John F. Mortieau (MT)
                                                during the previous two-year exemption                  accordance with 49 U.S.C. 31136(e) and                Alexander Musalin (WA)
                                                period. These factors provide an                        31315, the following 29 individuals                   Clark E. Najac (NY)
                                                adequate basis for predicting each                      have satisfied the renewal conditions for             Matthew S. Ness (WI)
                                                driver’s ability to continue to drive                   obtaining an exemption from the rule                  Andrew T. Oezer (MI)
                                                safely in interstate commerce.                          prohibiting drivers with ITDM from                    Vanja Pazin (OR)
                                                Therefore, FMCSA concludes that                         driving CMVs in interstate commerce                   Troy A. Pearl (WA)
                                                extending the exemption for each of                     (80 FR 48396; 80 FR 77079):                           Randell J. Pecenka (IA)
                                                these drivers for a period of two years                 Reynaldo R. Amaro (TX)                                Leonard M. Radford (IN)
                                                is likely to achieve a level of safety                  Brandon C. Bair (NV)                                  Jerry J. Rava (CA)
                                                equal to that existing without the                      James K. Copley (WV)                                  William J. Rixon Jr. (NJ)
                                                exemption.                                              Richard L. Corzine (IL)                               Matias Rodriguez Jr. (CT)
                                                   As of September 2, 2017, and in                      Kevin D. Crouse (CA)                                  William J. Schrade (CT)
                                                accordance with 49 U.S.C. 31136(e) and                  Thomas A. Draper (CA)                                 John W. Schwirian (PA)
                                                31315, the following three individuals                  John J. Fortman (ND)                                  Shain L. Simpson (UT)
                                                have satisfied the renewal conditions for               Jamey M. George (MO)                                  Neil E. Smith (KS)
                                                obtaining an exemption from the rule                    Matthew Harkanson (PA)                                Joey F. Starnes (AL)
                                                prohibiting drivers with ITDM from                      Kenneth P. Hazel (NM)                                 Joshua R. Stieb (CO)
                                                driving CMVs in interstate commerce                     Tracy D. Henderson (NM)                               Donald L. Strand (MT)
                                                (70 FR 23898; 70 FR 52465): Lee R.                      Gary H. Jacobs (VT)                                   Rick L. Vosburg (CA)
                                                Kumm (WI), Mitchell L. Pullen (NE),                     Jack L. Lane Jr. (KS)                                 William G. Wressell (WA)
                                                Steven R. Zoller (MN).                                  Thomas J. Leffingwell (NY)                            Randy P. Young (IN)
                                                   The drivers were included in docket                  Donald R. Meckley, Jr. (MD)                             The drivers were included in docket
                                                number FMCSA–2005–20721. Their                          Jeffrey K. Moore (KY)                                 number FMCSA–2015–0066. Their
                                                exemptions are applicable as of                         Sidney T. Nalley, Jr. (GA)                            exemptions are applicable as of
                                                September 2, 2017, and will expire on                   Jason B. Nolte (IN)                                   September 17, 2017, and will expire on
                                                September 2, 2019.                                      James G. Pruitt (MO)                                  September 17, 2019.
                                                   As of September 9, 2017, and in                      Thomas V. Ransom (ID)                                   As of September 18, 2017, and in
sradovich on DSK3GMQ082PROD with NOTICES




                                                accordance with 49 U.S.C. 31136(e) and                  Raymond D. Reber (IN)                                 accordance with 49 U.S.C. 31136(e) and
                                                31315, the following 28 individuals                     Jackson A. Savarese (CA)                              31315, the following six individuals
                                                have satisfied the renewal conditions for               Richard A. Sawyer (ME)                                have satisfied the renewal conditions for
                                                obtaining an exemption from the rule                    Bruno T. Schizzano (NY)                               obtaining an exemption from the rule
                                                prohibiting drivers with ITDM from                      Christopher S. Seago (NE)                             prohibiting drivers with ITDM from
                                                driving CMVs in interstate commerce                     Joseph W. Sprague (NM)                                driving CMVs in interstate commerce
                                                (80 FR 47024; 80 FR 79411):                             Derrick L. Vaughan (TX)                               (78 FR 38439; 78 FR 60014):


                                           VerDate Sep<11>2014   18:00 Aug 21, 2017   Jkt 241001   PO 00000   Frm 00196   Fmt 4703   Sfmt 4703   E:\FR\FM\22AUN1.SGM   22AUN1


                                                                             Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices                                         39945

                                                Larry K. Brindle (KS)                                   official. The exemption will be                       renewed exemptions will expire on July
                                                Donald F. Kurzejewski (PA)                              rescinded if: (1) The person fails to                 12, 2019. Comments must be received
                                                Joshua O. Lilly (VA)                                    comply with the terms and conditions                  on or before September 21, 2017.
                                                Steven C. Lundberg (IA)                                 of the exemption; (2) the exemption has               FOR FURTHER INFORMATION CONTACT: Ms.
                                                Roger D. Mott (IA)                                      resulted in a lower level of safety than              Christine A. Hydock, Chief, Medical
                                                Christopher J. Wisner (MD)                              was maintained before it was granted; or              Programs Division, 202–366–4001,
                                                  The drivers were included in docket                   (3) continuation of the exemption would               fmcsamedical@dot.gov, FMCSA,
                                                number FMCSA–2013–0020. Their                           not be consistent with the goals and                  Department of Transportation, 1200
                                                exemptions are applicable as of                         objectives of 49 U.S.C. 31136(e) and                  New Jersey Avenue SE., Room W64–
                                                September 18, 2017, and will expire on                  31315.                                                224, Washington, DC 20590–0001.
                                                September 18, 2019.                                     V. Preemption                                         Office hours are from 8:30 a.m. to 5
                                                  As of September 22, 2017, and in                                                                            p.m., e.t., Monday through Friday,
                                                accordance with 49 U.S.C. 31136(e) and                     During the period the exemption is in
                                                                                                                                                              except Federal holidays. If you have
                                                31315, the following 15 individuals                     effect, no State shall enforce any law or
                                                                                                                                                              questions regarding viewing or
                                                have satisfied the renewal conditions for               regulation that conflicts with this
                                                                                                                                                              submitting material to the docket,
                                                obtaining an exemption from the rule                    exemption with respect to a person
                                                                                                                                                              contact Docket Services, telephone (202)
                                                prohibiting drivers with ITDM from                      operating under the exemption.
                                                                                                                                                              366–9826.
                                                driving CMVs in interstate commerce                     VI. Conclusion                                        ADDRESSES: You may submit comments
                                                (74 FR 37288; 74 FR 48641):                               Based upon its evaluation of the 121                bearing the Federal Docket Management
                                                Michael F. Arthur (ME)                                  exemption applications, FMCSA renews                  System (FDMS) Docket No. FMCSA–
                                                Roelf F. Aufforth (MN)                                  the exemptions of the aforementioned                  2008–0355; FMCSA–2014–0381;
                                                Christopher S. Cate (NH)                                drivers from the rule prohibiting drivers             FMCSA–2014–0382 using any of the
                                                Raymond A. Dietz (FL)                                   with ITDM from driving CMVs in                        following methods:
                                                Steven C. Ellenberger (NE)                              interstate commerce. In accordance with                  • Federal eRulemaking Portal: Go to
                                                Dori A. Hoffmann (NE)                                   49 U.S.C. 31136(e) and 31315, each                    http://www.regulations.gov. Follow the
                                                William C. Howard (VA)                                  exemption will be valid for two years                 online instructions for submitting
                                                Steven A. Mayhew (NY)                                   unless revoked earlier by FMCSA.                      comments.
                                                Michael G. Mulder (MN)                                                                                           • Mail: Docket Management Facility;
                                                Bradley D. Nickles, Jr. (NH)                              Issued on: August 10, 2017.
                                                                                                                                                              U.S. Department of Transportation, 1200
                                                Frank A. Rhodes (WI)                                    Larry W. Minor,
                                                                                                                                                              New Jersey Avenue SE., West Building
                                                James B. Roth (IL)                                      Associate Administrator for Policy.                   Ground Floor, Room W12–140,
                                                Matthew T. Russell (TN)                                 [FR Doc. 2017–17720 Filed 8–21–17; 8:45 am]           Washington, DC 20590–0001.
                                                Tranquilino D. Sena (NM)                                BILLING CODE 4910–EX–P                                   • Hand Delivery: West Building
                                                John A. Serth, Jr. (NY)                                                                                       Ground Floor, Room W12–140, 1200
                                                  The drivers were included in docket                                                                         New Jersey Avenue SE., Washington,
                                                number FMCSA–2009–0174. Their                           DEPARTMENT OF TRANSPORTATION                          DC, between 9 a.m. and 5 p.m., e.t.,
                                                exemptions are applicable as of                         Federal Motor Carrier Safety                          Monday through Friday, except Federal
                                                September 22, 2017, and will expire on                  Administration                                        Holidays.
                                                September 22, 2019.                                                                                              • Fax: 1–202–493–2251.
                                                                                                        [Docket No. FMCSA–2008–0355; FMCSA–                      Instructions: Each submission must
                                                IV. Conditions and Requirements                         2014–0381; FMCSA–2014–0382]                           include the Agency name and the
                                                   The exemptions are extended subject                                                                        docket number(s) for this notice. Note
                                                to the following conditions: (1) Each                   Qualification of Drivers; Exemption                   that all comments received will be
                                                driver must submit a quarterly                          Applications; Epilepsy and Seizure                    posted without change to http://
                                                monitoring checklist completed by the                   Disorders                                             www.regulations.gov, including any
                                                treating endocrinologist as well as an                  AGENCY: Federal Motor Carrier Safety                  personal information provided. Please
                                                annual checklist with a comprehensive                   Administration (FMCSA), DOT.                          see the Privacy Act heading below for
                                                medical evaluation; (2) each driver must                ACTION: Notice of renewal of                          further information.
                                                report within two business days of                      exemptions; request for comments.                        Docket: For access to the docket to
                                                occurrence, all episodes of severe                                                                            read background documents or
                                                hypoglycemia, significant                               SUMMARY:   FMCSA announces its                        comments, go to http://
                                                complications, or inability to manage                   decision to renew exemptions for five                 www.regulations.gov at any time or
                                                diabetes; also, any involvement in an                   individuals from the requirement in the               Room W12–140 on the ground level of
                                                accident or any other adverse event in                  Federal Motor Carrier Safety                          the West Building, 1200 New Jersey
                                                a CMV or personal vehicle, whether or                   Regulations (FMCSRs) that interstate                  Avenue SE., Washington, DC, between 9
                                                not it is related to an episode of                      commercial motor vehicle (CMV)                        a.m. and 5 p.m., Monday through
                                                hypoglycemia; (3) each driver must                      drivers have ‘‘no established medical                 Friday, except Federal holidays. The
                                                submit an annual ophthalmologist’s or                   history or clinical diagnosis of epilepsy             FDMS is available 24 hours each day
                                                optometrist’s report; and (4) each driver               or any other condition which is likely                e.t., 365 days each year. If you want
                                                must provide a copy of the annual                       to cause loss of consciousness or any                 acknowledgment that we received your
                                                medical certification to the employer for               loss of ability to control a CMV.’’ The               comments, please include a self-
sradovich on DSK3GMQ082PROD with NOTICES




                                                retention in the driver’s qualification                 exemptions enable these individuals                   addressed, stamped envelope or
                                                file, or keep a copy in his/her driver’s                who have had one or more seizures and                 postcard or print the acknowledgement
                                                qualification file if he/she is self-                   are taking anti-seizure medication to                 page that appears after submitting
                                                employed. The driver must also have a                   continue to operate CMVs in interstate                comments online.
                                                copy of the exemption when driving, for                 commerce.                                                Privacy Act: In accordance with 5
                                                presentation to a duly authorized                       DATES: The renewed exemptions were                    U.S.C. 553(c), DOT solicits comments
                                                Federal, State, or local enforcement                    applicable on July 12, 2017. The                      from the public to better inform its


                                           VerDate Sep<11>2014   18:00 Aug 21, 2017   Jkt 241001   PO 00000   Frm 00197   Fmt 4703   Sfmt 4703   E:\FR\FM\22AUN1.SGM   22AUN1



Document Created: 2018-10-24 11:54:56
Document Modified: 2018-10-24 11:54:56
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 were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before September 21, 2017.
ContactMs. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 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 39943 

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