82_FR_47487 82 FR 47292 - Qualification of Drivers; Exemption Applications; Diabetes

82 FR 47292 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 195 (October 11, 2017)

Page Range47292-47294
FR Document2017-21901

FMCSA announces its decision to renew exemptions for 127 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 195 (Wednesday, October 11, 2017)
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Notices]
[Pages 47292-47294]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21901]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

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


Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 127 
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.

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.

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 July 27, 2017, FMCSA published a notice announcing its decision 
to renew exemptions for 127 individuals from the insulin-treated 
diabetes mellitus prohibition in 49 CFR 391.41(b)(3) to operate a CMV 
in interstate commerce and requested comments from the public (82 FR 
35029). The public comment period ended on August 28, 2017, and one 
comment was received.
    As stated in the previous notice, FMCSA has evaluated the 
eligibility of these applicants and determined that renewing these 
exemptions would achieve a level of safety equivalent to or greater 
than the level that would be achieved by complying with the current 
regulation 49 CFR 391.41(b)(3).
    The physical qualification standard for drivers regarding diabetes 
found in 49 CFR 391.41(b)(3) states that a person is physically 
qualified to drive a CMV if that person:

    Has no established medical history or clinical diagnosis of 
diabetes mellitus currently requiring insulin for control.

III. Discussion of Comments

    FMCSA received one comment in this preceding. An anonymous 
commenter stated they believe the rule preventing drivers with ITDM 
operating CMVs in interstate commerce should be removed and the medical 
examiners should determine whether a driver is fit to operate a CMV in 
interstate commerce. On May 4, 2015, FMCSA published a Notice of 
Proposed Rulemaking (NPRM) (80 FR 25260) proposing changes to the 
Diabetes standard and requesting comments from the public. FMCSA is 
currently evaluating comments received and drafting a Final Rule. 
Information related to this action can be found in the Docket at FMCSA-
2005-23151.

IV. Conclusion

    Based upon its evaluation of the 127 renewal exemption applications 
and comments received, FMCSA announces 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 August 1, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 35 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (80 FR 37719; 80 FR 
59223):

Adele M. Aasen (ND)
Kyle E. Beine (WI)
Joseph M. Blackwell (GA)
Joseph G. Blastick (SD)
Gary W. Boninsegna (OH)
Billy J. Bronson (OR)
Michael L. Campbell (NC)
Steven C. Cornell (PA)
Josiah L. Crestik (MN)
Richard L. Cunningham (NE)
Thomas M. Delasko (FL)
William T. Eason (NC)
Douglas J. Garrison (IA)
Daniel W. Gregory (NC)
Barry L. Grimes, Sr. (MD)
Dennis J. Grimm (DE)

[[Page 47293]]

Stephen G. Helmer (NE)
Marco K. Higgs (OR)
Jeffrey T. Hunley (NC)
Colin S. Jackson (WA)
Peter E. Mizialko (NJ)
Michael I. Moore (IN)
Richard M. Ohland (MN)
James D. Parrish (NC)
Justin D. Redding (MT)
Alex R. Rumph (MT)
Kenneth S. Schoenberger (PA)
Jarred E. Shawles (CA)
Howard L. Smith (IL)
Jeffrey S. Snyder (PA)
Jerry L. Stevens (NE)
Todd Stover (PA)
Dennis P. Walker, Jr. (OH)
Horace V. Watson (GA)
Jeremy W. Wolfe (MO)

    The drivers were included in docket number FMCSA-2015-0062. Their 
exemptions are applicable as of August 1, 2017, and will expire on 
August 1, 2019.
    As of August 3, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following seven individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (74 FR 28097; 74 FR 
38481):

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

    The drivers were included in docket number FMCSA-2009-0155. Their 
exemptions are applicable as of August 3, 2017, and will expire on 
August 3, 2019.
    As of August 4, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following eight individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (76 FR 34127; 76 FR 
47288):

Richard A. Bosma (IL)
Ronnie E. Combs, Jr. (KY)
Barbara A. Farrell (WA)
Tony D. Gayles (KY)
Joshua D. Kohl (IA)
Judah A. Nell (PA)
Peter J. Wasko, Jr. (PA)
Alfred Zaldana (CA)

    The drivers were included in docket number FMCSA-2011-0125. Their 
exemptions are applicable as of August 4, 2017, and will expire on 
August 4, 2019.
    As of August 5, 2017, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following ten individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (76 FR 34127; 76 FR 
47288):

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

    The drivers were included in docket number FMCSA-2011-0144. Their 
exemptions are applicable as of August 5, 2017, and will expire on 
August 5, 2019.
    As of August 15, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 43 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (80 FR 41550; 80 FR 
59229):

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

    The drivers were included in docket number FMCSA-2015-0063. Their 
exemptions are applicable as of August 15, 2017, and will expire on 
August 15, 2019.
    As of August 16, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 14 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (78 FR 32704; 78 FR 
50140):

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

    The drivers were included in docket number FMCSA-2013-0019. Their 
exemptions are applicable as of August 16, 2017, and will expire on 
August 16, 2019.
    As of August 29, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following nine individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (76 FR 40439; 76 FR 
53707):

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

    The drivers were included in docket number FMCSA-2011-0145. Their 
exemptions are applicable as of August 29, 2017, and will expire on 
August 29, 2019.
    As of August 30, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, Lloyd K. Steinkamp (WV) has satisfied the renewal conditions 
for obtaining an exemption from the rule prohibiting drivers with ITDM 
from driving CMVs in interstate commerce (78 FR 38435; 78 FR 63294).
    The driver was included in docket number FMCSA-2013-0181. The 
exemption is applicable as of August 30,

[[Page 47294]]

2017, and will expire on August 30, 2019.
    In accordance with 49 U.S.C. 31315, each exemption will be valid 
for two years from the applicable date unless revoked earlier by FMCSA. 
The exemption will be revoked if the following occurs: (1) The person 
fails to comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
prior to being granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136 and 
31315.

    Issued on: October 2, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-21901 Filed 10-10-17; 8:45 am]
BILLING CODE 4910-EX-P



                                                    47292                     Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices

                                                    houses, will be available in a project                  individuals from its prohibition in the                  As stated in the previous notice,
                                                    coordination plan on the study Web                      Federal Motor Carrier Safety                          FMCSA has evaluated the eligibility of
                                                    site. All public meetings related to the                Regulations (FMCSRs) against persons                  these applicants and determined that
                                                    study will be held in locations                         with insulin-treated diabetes mellitus                renewing these exemptions would
                                                    accessible to persons with disabilities.                (ITDM) from operating commercial                      achieve a level of safety equivalent to or
                                                    Any person who requires special                         motor vehicles (CMVs) in interstate                   greater than the level that would be
                                                    assistance, such as a language                          commerce. The exemptions enable these                 achieved by complying with the current
                                                    interpreter, should contact the                         individuals with ITDM to continue to                  regulation 49 CFR 391.41(b)(3).
                                                    Chesapeake Bay Crossing Study: Tier 1                   operate CMVs in interstate commerce.                     The physical qualification standard
                                                    NEPA Team at (410) 537–5650 or via                      DATES: Each group of renewed                          for drivers regarding diabetes found in
                                                    email at info@baycrossingstudy.com at                   exemptions were applicable on the                     49 CFR 391.41(b)(3) states that a person
                                                    least 48 hours before the open house or                 dates stated in the discussions below                 is physically qualified to drive a CMV
                                                    meeting.                                                and will expire on the dates stated in                if that person:
                                                       Letters inviting agencies to be                      the discussions below.                                   Has no established medical history or
                                                    cooperating or participating in the                                                                           clinical diagnosis of diabetes mellitus
                                                                                                            FOR FURTHER INFORMATION CONTACT: Ms.
                                                    environmental review process are being                                                                        currently requiring insulin for control.
                                                    sent to those agencies that have                        Christine A. Hydock, Chief, Medical
                                                    jurisdiction or may have an interest in                 Programs Division, 202–366–4001,                      III. Discussion of Comments
                                                    the Chesapeake Bay Crossing Study:                      fmcsamedical@dot.gov, FMCSA,
                                                                                                            Department of Transportation, 1200                       FMCSA received one comment in this
                                                    Tier 1 NEPA. FHWA and MDTA will                                                                               preceding. An anonymous commenter
                                                    notify cooperating and participating                    New Jersey Avenue SE., Room W64–
                                                                                                            224, Washington, DC 20590–0001.                       stated they believe the rule preventing
                                                    agencies of a separate agency scoping                                                                         drivers with ITDM operating CMVs in
                                                    meeting to be held October 25, 2017, in                 Office hours are from 8:30 a.m. to 5:30
                                                                                                            p.m., e.t., Monday through Friday,                    interstate commerce should be removed
                                                    Annapolis, Maryland.                                                                                          and the medical examiners should
                                                       Written comments or questions on the                 except Federal holidays. If you have
                                                                                                            questions regarding viewing or                        determine whether a driver is fit to
                                                    scope of the Tier 1 EIS should be mailed                                                                      operate a CMV in interstate commerce.
                                                    to the Chesapeake Bay Crossing Study:                   submitting material to the docket,
                                                                                                            contact Docket Services, telephone (202)              On May 4, 2015, FMCSA published a
                                                    Tier 1 NEPA, c/o Ms. Melissa Williams,                                                                        Notice of Proposed Rulemaking (NPRM)
                                                    Director, Division of Planning &                        366–9826.
                                                                                                                                                                  (80 FR 25260) proposing changes to the
                                                    Program Development, Maryland                           SUPPLEMENTARY INFORMATION:
                                                                                                                                                                  Diabetes standard and requesting
                                                    Transportation Authority, 2310                                                                                comments from the public. FMCSA is
                                                                                                            I. Electronic Access
                                                    Broening Highway, Baltimore, MD                                                                               currently evaluating comments received
                                                    21224; sent via email to mwilliams9@                       You may see all the comments online
                                                                                                                                                                  and drafting a Final Rule. Information
                                                    mdta.state.md.us; or submitted on the                   through the Federal Document
                                                                                                                                                                  related to this action can be found in the
                                                    study Web site                                          Management System (FDMS) at: http://
                                                                                                                                                                  Docket at FMCSA–2005–23151.
                                                    (www.baycrossingstudy.com).                             www.regulations.gov.
                                                                                                               Docket: For access to the docket to                IV. Conclusion
                                                    (Catalog of Federal Domestic Assistance
                                                    Program Number 20.205, Highway Research,                read background documents or                             Based upon its evaluation of the 127
                                                    Planning and Construction. The regulations              comments, go to http//                                renewal exemption applications and
                                                    implementing Executive Order 12372                      www.regulations.gov and/or Room                       comments received, FMCSA announces
                                                    regarding intergovernmental consultation on             W12–140 on the ground level of the                    its’ decision to exempt the following
                                                    Federal programs and activities apply to this           West Building, 1200 New Jersey Avenue
                                                    program.)                                                                                                     drivers from the rule prohibiting drivers
                                                                                                            SE., Washington, DC, between 9 a.m.                   with ITDM from driving CMVs in
                                                      Issued on: October 2, 2017.                           and 5 p.m., e.t., Monday through Friday,              interstate commerce in 49 CFR
                                                    Gregory Murrill,                                        except Federal holidays.                              391.64(3):
                                                    Division Administrator, Federal Highway                    Privacy Act: In accordance with 5                     As of August 1, 2017, and in
                                                    Administration, Baltimore, Maryland.                    U.S.C. 553(c), DOT solicits comments                  accordance with 49 U.S.C. 31136(e) and
                                                    [FR Doc. 2017–21916 Filed 10–10–17; 8:45 am]            from the public to better inform its                  31315, the following 35 individuals
                                                    BILLING CODE P                                          rulemaking process. DOT posts these                   have satisfied the renewal conditions for
                                                                                                            comments, without edit, including any                 obtaining an exemption from the rule
                                                                                                            personal information the commenter                    prohibiting drivers with ITDM from
                                                    DEPARTMENT OF TRANSPORTATION                            provides, to http://www.regulations.gov,              driving CMVs in interstate commerce
                                                                                                            as described in the system of records                 (80 FR 37719; 80 FR 59223):
                                                    Federal Motor Carrier Safety                            notice (DOT/ALL–14 FDMS), which can
                                                    Administration                                                                                                Adele M. Aasen (ND)
                                                                                                            be reviewed at http://www.dot.gov/
                                                                                                                                                                  Kyle E. Beine (WI)
                                                    [Docket No. FMCSA–2009–0155; FMCSA–                     privacy.                                              Joseph M. Blackwell (GA)
                                                    2011–0125; FMCSA–2011–0144; FMCSA–                      II. Background                                        Joseph G. Blastick (SD)
                                                    2011–0145; FMCSA–2013–0019; FMCSA–                                                                            Gary W. Boninsegna (OH)
                                                    2013–0181; FMCSA–2015–0062; FMCSA–                         On July 27, 2017, FMCSA published                  Billy J. Bronson (OR)
                                                    2015–0063]                                              a notice announcing its decision to                   Michael L. Campbell (NC)
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            renew exemptions for 127 individuals                  Steven C. Cornell (PA)
                                                    Qualification of Drivers; Exemption                     from the insulin-treated diabetes
                                                    Applications; Diabetes                                                                                        Josiah L. Crestik (MN)
                                                                                                            mellitus prohibition in 49 CFR                        Richard L. Cunningham (NE)
                                                    AGENCY: Federal Motor Carrier Safety                    391.41(b)(3) to operate a CMV in                      Thomas M. Delasko (FL)
                                                    Administration (FMCSA), DOT.                            interstate commerce and requested                     William T. Eason (NC)
                                                    ACTION: Notice of final disposition.
                                                                                                            comments from the public (82 FR                       Douglas J. Garrison (IA)
                                                                                                            35029). The public comment period                     Daniel W. Gregory (NC)
                                                    SUMMARY:  FMCSA announces its                           ended on August 28, 2017, and one                     Barry L. Grimes, Sr. (MD)
                                                    decision to renew exemptions for 127                    comment was received.                                 Dennis J. Grimm (DE)


                                               VerDate Sep<11>2014   17:58 Oct 10, 2017   Jkt 244001   PO 00000   Frm 00122   Fmt 4703   Sfmt 4703   E:\FR\FM\11OCN1.SGM   11OCN1


                                                                              Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices                                          47293

                                                    Stephen G. Helmer (NE)                                  have satisfied the renewal conditions for             Catherine A. Wilcox (CT)
                                                    Marco K. Higgs (OR)                                     obtaining an exemption from the rule                  Kenneth P. Wing (MI)
                                                    Jeffrey T. Hunley (NC)                                  prohibiting drivers with ITDM from                    Timothy W. Young (PA)
                                                    Colin S. Jackson (WA)                                   driving CMVs in interstate commerce                      The drivers were included in docket
                                                    Peter E. Mizialko (NJ)                                  (76 FR 34127; 76 FR 47288):                           number FMCSA–2015–0063. Their
                                                    Michael I. Moore (IN)                                   Justin C. Brewer (NY)                                 exemptions are applicable as of August
                                                    Richard M. Ohland (MN)                                  Roger W. Carr (MD)                                    15, 2017, and will expire on August 15,
                                                    James D. Parrish (NC)                                   Stanley D. Ingram (TN)                                2019.
                                                    Justin D. Redding (MT)                                  Rondal W. Kennedy (KY)                                   As of August 16, 2017, and in
                                                    Alex R. Rumph (MT)                                      Jerry W. Miller (VA)                                  accordance with 49 U.S.C. 31136(e) and
                                                    Kenneth S. Schoenberger (PA)                            Gregg O. Price (MS)                                   31315, the following 14 individuals
                                                    Jarred E. Shawles (CA)                                  Gary D. Pugliese (NJ)                                 have satisfied the renewal conditions for
                                                    Howard L. Smith (IL)                                    Jeffrey A. Radel (PA)                                 obtaining an exemption from the rule
                                                    Jeffrey S. Snyder (PA)                                  Vladmir V. Tayts (PA)                                 prohibiting drivers with ITDM from
                                                    Jerry L. Stevens (NE)                                   Jady R. Tengs (ID)                                    driving CMVs in interstate commerce
                                                    Todd Stover (PA)                                                                                              (78 FR 32704; 78 FR 50140):
                                                    Dennis P. Walker, Jr. (OH)                                 The drivers were included in docket
                                                    Horace V. Watson (GA)                                   number FMCSA–2011–0144. Their                         Herlen D. Barner (TN)
                                                    Jeremy W. Wolfe (MO)                                    exemptions are applicable as of August                James W. Bledsoe (AL)
                                                                                                            5, 2017, and will expire on August 5,                 Daniel L. Bosley (KY)
                                                       The drivers were included in docket                                                                        Verland G. Casper (WI)
                                                                                                            2019.
                                                    number FMCSA–2015–0062. Their                                                                                 Kyle P. Cerra (PA)
                                                                                                               As of August 15, 2017, and in
                                                    exemptions are applicable as of August                                                                        Raymond K. Harper (KS)
                                                                                                            accordance with 49 U.S.C. 31136(e) and
                                                    1, 2017, and will expire on August 1,                                                                         Shane B. Henninger (IA)
                                                                                                            31315, the following 43 individuals
                                                    2019.                                                                                                         Jeffrey S. Hubbell (PA)
                                                                                                            have satisfied the renewal conditions for
                                                       As of August 3, 2017, and in                                                                               Kevin T. Johnson (SD)
                                                                                                            obtaining an exemption from the rule
                                                    accordance with 49 U.S.C. 31136(e) and                                                                        Randall L. Krider (IN)
                                                                                                            prohibiting drivers with ITDM from
                                                    31315, the following seven individuals                                                                        William J. Panoch (WI)
                                                                                                            driving CMVs in interstate commerce
                                                    have satisfied the renewal conditions for                                                                     James E. Smith (TN)
                                                                                                            (80 FR 41550; 80 FR 59229):
                                                    obtaining an exemption from the rule                                                                          Kevin R. Treichel (IA)
                                                    prohibiting drivers with ITDM from                      Henry Andreoli (NH)                                   Thomas R. Yecker (PA)
                                                    driving CMVs in interstate commerce                     Jonathan A. Boston (NY)
                                                                                                            James G. Bracegirdle (GA)                                The drivers were included in docket
                                                    (74 FR 28097; 74 FR 38481):                                                                                   number FMCSA–2013–0019. Their
                                                                                                            Joseph C. Brewster (VA)
                                                    Joseph Jurewicz (CT)                                                                                          exemptions are applicable as of August
                                                                                                            Bradley R. Brown (NH)
                                                    Dana N. Larsen (UT)                                                                                           16, 2017, and will expire on August 16,
                                                                                                            Annette F. Bryant (CA)
                                                    Jason G. Leavitt (UT)                                                                                         2019.
                                                                                                            Brian G. Carter (GA)
                                                    Thomas M. Petee (MI)                                                                                             As of August 29, 2017, and in
                                                                                                            Daniel B. Craig (OR)
                                                    Jim A. Phelps (MI)                                                                                            accordance with 49 U.S.C. 31136(e) and
                                                                                                            Sean W. Dempsey (OH)
                                                    James F. Rabideau, Jr. (NY)                                                                                   31315, the following nine individuals
                                                                                                            Patrick L. Feely (MN)
                                                    John E. Spano (MA)                                                                                            have satisfied the renewal conditions for
                                                                                                            Garry W. Garrison (WI)
                                                       The drivers were included in docket                  James Gennello (NJ)                                   obtaining an exemption from the rule
                                                    number FMCSA–2009–0155. Their                           John T. Gorman (NJ)                                   prohibiting drivers with ITDM from
                                                    exemptions are applicable as of August                  Joel K. Hawkins (IL)                                  driving CMVs in interstate commerce
                                                    3, 2017, and will expire on August 3,                   Gary L. Hulslander (PA)                               (76 FR 40439; 76 FR 53707):
                                                    2019.                                                   Daniel E. Jackowski (WI)                              Bryan K. Aaron (UT)
                                                       As of August 4, 2017, and in                         John W. Johnson (TN)                                  Donald M. Bergman (MN)
                                                    accordance with 49 U.S.C. 31136(e) and                  Samuel S. Johnson (WI)                                Ronald J. Boehm (IN)
                                                    31315, the following eight individuals                  Charles A. Kelley (IA)                                Vernon W. Elmore (MS)
                                                    have satisfied the renewal conditions for               Omer E. King (PA)                                     Michael J. Gilbert (WA)
                                                    obtaining an exemption from the rule                    Eric R. Knutson (MN)                                  Andrew W. Richey (MS)
                                                    prohibiting drivers with ITDM from                      Bruce E. Koehn (KS)                                   Thomas M. Shafer (IN)
                                                    driving CMVs in interstate commerce                     Douglas L. Kugler (MN)                                Allen D. Stevenson (NJ)
                                                    (76 FR 34127; 76 FR 47288):                             Andrew S. McKinney (MN)                               Oleg Tarasov (NJ)
                                                    Richard A. Bosma (IL)                                   Douglas D. Miller (WY)                                   The drivers were included in docket
                                                    Ronnie E. Combs, Jr. (KY)                               Robert F. Perez (PA)                                  number FMCSA–2011–0145. Their
                                                    Barbara A. Farrell (WA)                                 Ray E. Phipps (IL)                                    exemptions are applicable as of August
                                                    Tony D. Gayles (KY)                                     Bruce F. Sanderson (LA)                               29, 2017, and will expire on August 29,
                                                    Joshua D. Kohl (IA)                                     Raymond Santiago (NJ)                                 2019.
                                                    Judah A. Nell (PA)                                      Travis D. Shadden (IN)                                   As of August 30, 2017, and in
                                                    Peter J. Wasko, Jr. (PA)                                Randy S. Steinbach (WA)                               accordance with 49 U.S.C. 31136(e) and
                                                    Alfred Zaldana (CA)
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                                                                                                            Paul R. Thorkelson (MN)                               31315, Lloyd K. Steinkamp (WV) has
                                                       The drivers were included in docket                  Michael J. Toth (PA)                                  satisfied the renewal conditions for
                                                    number FMCSA–2011–0125. Their                           Christopher O. Trent (KS)                             obtaining an exemption from the rule
                                                    exemptions are applicable as of August                  Charles H. Turner (WI)                                prohibiting drivers with ITDM from
                                                    4, 2017, and will expire on August 4,                   Jesse W. Turner (MI)                                  driving CMVs in interstate commerce
                                                    2019.                                                   Donavan A. Van Houten (WA)                            (78 FR 38435; 78 FR 63294).
                                                       As of August 5, 2017, and in                         Matt S. Volk (NE)                                        The driver was included in docket
                                                    accordance with 49 U.S.C. 31136(e) and                  Daniel M. Waldner (ND)                                number FMCSA–2013–0181. The
                                                    31315, the following ten individuals                    Timothy L. Wilkinson (OH)                             exemption is applicable as of August 30,


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                                                    47294                     Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices

                                                    2017, and will expire on August 30,                       • Fax: 1–202–493–2251.                                 The 91 individuals listed in this
                                                    2019.                                                      Instructions: Each submission must                 notice have requested an exemption
                                                      In accordance with 49 U.S.C. 31315,                   include the Agency name and the                       from the hearing requirement in 49 CFR
                                                    each exemption will be valid for two                    docket number(s) for this notice. Note                391.41(b)(11). Accordingly, the Agency
                                                    years from the applicable date unless                   that all comments received will be                    will evaluate the qualifications of each
                                                    revoked earlier by FMCSA. The                           posted without change to http://                      applicant to determine whether granting
                                                    exemption will be revoked if the                        www.regulations.gov, including any                    the exemption will achieve the required
                                                    following occurs: (1) The person fails to               personal information provided. Please                 level of safety mandated by statute.
                                                    comply with the terms and conditions                    see the Privacy Act heading below for                    The physical qualification standard
                                                    of the exemption; (2) the exemption has                 further information.                                  for drivers regarding hearing found in
                                                    resulted in a lower level of safety than                   Docket: For access to the docket to                49 CFR 391.41(b)(11) states that a
                                                    was maintained prior to being granted;                  read background documents or                          person is physically qualified to drive a
                                                    or (3) continuation of the exemption                    comments, go to http://                               CMV if that person:
                                                    would not be consistent with the goals                  www.regulations.gov at any time or                      First perceives a forced whispered voice in
                                                    and objectives of 49 U.S.C. 31136 and                   Room W12–140 on the ground level of                   the better ear at not less than 5 feet with or
                                                    31315.                                                  the West Building, 1200 New Jersey                    without the use of a hearing aid or, if tested
                                                      Issued on: October 2, 2017.                           Avenue SE., Washington, DC, between 9                 by use of an audiometric device, does not
                                                                                                            a.m. and 5 p.m., ET, Monday through                   have an average hearing loss in the better ear
                                                    Larry W. Minor,                                                                                               greater than 40 decibels at 500 Hz, 1,000 Hz,
                                                    Associate Administrator for Policy.                     Friday, except Federal holidays. The
                                                                                                                                                                  and 2,000 Hz with or without a hearing aid
                                                    [FR Doc. 2017–21901 Filed 10–10–17; 8:45 am]
                                                                                                            FDMS is available 24 hours each day,                  when the audiometric device is calibrated to
                                                                                                            365 days each year. If you want                       American National Standard (formerly ASA
                                                    BILLING CODE 4910–EX–P
                                                                                                            acknowledgment that we received your                  Standard) Z24.5—1951.
                                                                                                            comments, please include a self-                        This standard was adopted in 1970
                                                    DEPARTMENT OF TRANSPORTATION                            addressed, stamped envelope or                        and was revised in 1971 to allow drivers
                                                                                                            postcard or print the acknowledgement                 to be qualified under this standard
                                                    Federal Motor Carrier Safety                            page that appears after submitting                    while wearing a hearing aid, 35 FR
                                                    Administration                                          comments online.                                      6458, 6463 (April 22, 1970) and 36 FR
                                                                                                               Privacy Act: In accordance with 5                  12857 (July 3, 1971).
                                                    [Docket No. FMCSA–2017–0058]
                                                                                                            U.S.C. 553(c), DOT solicits comments                    On February 1, 2013, FMCSA
                                                    Qualification of Drivers; Exemption                     from the public to better inform its                  announced in a Notice of Final
                                                    Applications; Hearing                                   rulemaking process. DOT posts these                   Disposition titled, Qualification of
                                                                                                            comments, without edit, including any                 Drivers; Application for Exemptions;
                                                    AGENCY: Federal Motor Carrier Safety                    personal information the commenter                    National Association of the Deaf, (78 FR
                                                    Administration (FMCSA), DOT.                            provides, to http://www.regulations.gov,              7479), its decision to grant requests from
                                                    ACTION: Notice of applications for                      as described in the system of records                 40 individuals for exemptions from the
                                                    exemption; request for comments.                        notice (DOT/ALL–14 FDMS), which can                   Agency’s physical qualification
                                                                                                            be reviewed at http://www.dot.gov/                    standard concerning hearing for
                                                    SUMMARY:   FMCSA announces receipt of                   privacy.
                                                    applications from 91 individuals for an                                                                       interstate CMV drivers. Since the
                                                    exemption from the hearing requirement                  FOR FURTHER INFORMATION CONTACT:     Ms.              February 1, 2013 notice, the Agency has
                                                    in the Federal Motor Carrier Safety                     Christine A. Hydock, Chief, Medical                   published additional notices granting
                                                    Regulations (FMCSRs) to operate a                       Programs Division, (202) 366–4001,                    requests from hard of hearing and deaf
                                                    commercial motor vehicle (CMV) in                       fmcsamedical@dot.gov, FMCSA,                          individuals for exemptions from the
                                                    interstate commerce. If granted, the                    Department of Transportation, 1200                    Agency’s physical qualification
                                                    exemptions would enable these hard of                   New Jersey Avenue SE., Room W64–                      standard concerning hearing for
                                                    hearing and deaf individuals to operate                 224, Washington, DC 20590–0001.                       interstate CMV drivers.
                                                    CMVs in interstate commerce.                            Office hours are 8:30 a.m. to 5 p.m., ET,             II. Qualifications of Applicants
                                                    DATES: Comments must be received on                     Monday through Friday, except Federal
                                                                                                            holidays. If you have questions                          Mario Alvarado: Mr. Alvarado, age 28,
                                                    or before November 13, 2017.                                                                                  holds an operator’s license in California.
                                                    ADDRESSES: You may submit comments
                                                                                                            regarding viewing or submitting
                                                                                                            material to the docket, contact Docket                   Shey C. Amberson: Mr. Amberson, age
                                                    bearing the Federal Docket Management                                                                         39, holds an operator’s license in
                                                    System (FDMS) Docket No. FMCSA–                         Services, telephone (202) 366–9826.
                                                                                                                                                                  Florida.
                                                    2016–0004 using any of the following                    SUPPLEMENTARY INFORMATION:                               Kasseth Andrews: Mr. Andrews, age
                                                    methods:                                                I. Background                                         33, holds an operator’s license in
                                                      • Federal eRulemaking Portal: Go to                                                                         Massachusetts.
                                                    http://www.regulations.gov. Follow the                     Under 49 U.S.C. 31136(e) and 31315,                   Steven Andrews: Mr. Andrews, age
                                                    online instructions for submitting                      FMCSA may grant an exemption from                     33, holds an operator’s license in
                                                    comments.                                               the FMCSRs for a five-year period if it               Florida.
                                                      • Mail: Docket Management Facility,                   finds ‘‘such exemption would likely                      Randy Bailey: Mr. Bailey, age 36,
                                                    U.S. Department of Transportation, 1200                 achieve a level of safety that is                     holds an operator’s license in New
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                                                    New Jersey Avenue SE., West Building                    equivalent to or greater than the level               Jersey.
                                                    Ground Floor, Room W12–140,                             that would be achieved absent such                       Ivan Batista: Mr. Batista, age 36, holds
                                                    Washington, DC 20590–0001.                              exemption.’’ The statute also allows the              an operator’s license in New Jersey.
                                                      • Hand Delivery: West Building                        Agency to renew exemptions at the end                    Larry G. Beeson: Mr. Beeson, age 75,
                                                    Ground Floor, Room W12–140, 1200                        of the five-year period. FMCSA grants                 holds a class B CDL in North Carolina.
                                                    New Jersey Avenue SE., Washington,                      exemptions from the FMCSRs for a two-                    Deontae Blanks: Mr. Blanks, age 34,
                                                    DC, between 9 a.m. and 5 p.m., ET,                      year period to align with the maximum                 holds an operator’s license in Texas.
                                                    Monday through Friday, except Federal                   duration of a driver’s medical                           Daryl A. Broker: Mr. Broker, age 63,
                                                    Holidays.                                               certification.                                        holds a class A CDL in Minnesota.


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Document Created: 2018-10-25 09:57:46
Document Modified: 2018-10-25 09:57:46
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 were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below.
ContactMs. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 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 47292 

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