Qualification of Drivers; Exemption Applications; Diabetes, 74196-74199 [2015-30164]

Download as PDF 74196 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices DEPARTMENT OF TRANSPORTATION IV. Submitting Comments You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number FMCSA–2015–0337 and click the search button. When the new screen appears, click on the blue ‘‘Comment Now!’’ button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. We will consider all comments and material received during the comment period and may change this proposed rule based on your comments. FMCSA may issue a final rule at any time after the close of the comment period. mstockstill on DSK4VPTVN1PROD with NOTICES medical requirements that are deemed medically necessary. The FMCSA concluded that all of the operating, monitoring and medical requirements set out in the September 3, 2003 notice, except as modified, were in compliance with section 4129(d). Therefore, all of the requirements set out in the September 3, 2003 notice, except as modified by the notice in the Federal Register on November 8, 2005 (70 FR 67777), remain in effect. AGENCY: V. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number FMCSA–2015–0337 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to the proposed rulemaking. Issued on: November 16, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–30151 Filed 11–25–15; 8:45 am] BILLING CODE 4910–EX–P VerDate Sep<11>2014 19:01 Nov 25, 2015 Jkt 238001 Federal Motor Carrier Safety Administration [Docket No. FMCSA–2007–29035; FMCSA– 2008–0293; FMCSA–2009–0242; FMCSA– 2011–0277; FMCSA–2011–0278; FMCSA– 2013–0184; FMCSA–2013–0187; FMCSA– 2013–0190] Qualification of Drivers; Exemption Applications; Diabetes Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. FMCSA announces its decision to renew the exemptions of 133 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. FMCSA has statutory authority to exempt individuals from this rule if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers. DATES: Each group of renewed exemptions are effective from the dates stated in the discussions below. Comments must be received on or before December 28, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. FMCSA–2007–29035; FMCSA–2008– 0293; FMCSA–2009–0242; FMCSA– 2011–0277; FMCSA–2011–0278; FMCSA–2013–0184; FMCSA–2013– 0187; FMCSA–2013–0190, using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received SUMMARY: PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 without change to http:// www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s Privacy Act Statement for the Federal Docket Management System (FDMS) published in the Federal Register on January 17, 2008 (73 FR 3316). FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical Programs Division, 202–366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64– 113, Washington, DC 20590–0001. Office hours are from 8 a.m. to 5:30 p.m. Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption from the Federal Motor Carrier Safety Regulations 2-year period if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.’’ The statute also allows the Agency to renew exemptions at the end of the 2-year period. The 133 individuals listed in this notice have recently become eligible for a renewed exemption from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers of CMVs in interstate commerce. The drivers remain in good standing with the Agency, have maintained their required medical monitoring and have not exhibited any medical issues that E:\FR\FM\27NON1.SGM 27NON1 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices would compromise their ability to safely operate a CMV during the previous 2year exemption period. mstockstill on DSK4VPTVN1PROD with NOTICES Exemption Decision This notice addresses 133 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. These 133 drivers remain in good standing with the Agency, have maintained their required medical monitoring and have not exhibited any medical issues that would compromise their ability to safely operate a CMV during the previous 2-year exemption period. Therefore, FMCSA has decided to extend each exemption for a renewable two-year period. Each individual is identified according to the renewal date. The exemptions are renewed subject to the following conditions: (1) That each individual submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) that each individual reports within 2 business days of occurrence, all episodes of severe hypoglycemia, significant complications, or inability to manage diabetes; also, any involvement in an accident or any other adverse event in a CMV or personal vehicle, whether or not it is related to an episode of hypoglycemia; (3) that each individual submit an annual ophthalmologist’s or optometrist’s report; and (4) that each individual provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy in his/her driver’s qualification file if he/she is selfemployed. The driver must also have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application for additional two year periods. The following groups of drivers received renewed exemptions in the month of December and are discussed below. As of December 1, 2015, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 10 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 48338; 74 FR 62883): Charles E. Boyd (NE) Warren B. Copple, Jr. (MI) Hernan Hernandez (CT) VerDate Sep<11>2014 19:01 Nov 25, 2015 Jkt 238001 Jeffrey E. Kiehl (MI) Jesus G. Maesse (TX) Jackson R. Olive (NY) Thomas N. Pico (PA) Paul Ramirez (OK) Jon C. Thomas (MT) Dennis M. Thyfault (UT) The drivers were included in Docket No. FMCSA–2009–0242. Their exemptions are effective as of December 1, 2015 and will expire on December 1, 2017. As of December 10, 2015, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 7 individuals, have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (73 FR 63042; 73 FR 75163): Herschel J. Crawford (AK) James E. Gaines (NJ) Allan D. Gralapp (IA) Scott L. Halm (OH) Jason P. Smith (GA) Dean A. Sullivan (KY) Lawrence W. Thomas (AR) The drivers were included in Docket No. FMCSA–2008–0293. Their exemptions are effective as of December 10, 2015 and will expire on December 10, 2017. As of December 17, 2015, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 60 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 63298; 78 FR 76397): James L. Barnes (GA) Toni Benfield (SC) Peter J. Benz (FL) Robert J. Berger, III (PA) Daniel A. Bryan (PA) Travis D. Clarkston (IN) Romero Coleman (WI) Michael L. Collins (WA) Thomas S. Crawford (NY) Stephen A. Cronin (FL) Steven M. Dent (IA) John S. Duvall (PA) Robert S. Engel (IN) Steven M. Ference (CT) David W. Foster (TN) Francis M. Garlach III (PA) Allen D. Goddard (MO) Brian L. Gregory (IL) Alfonso Grijalva (CA) Jason E. Jacobus (KY) Bobby H. Johnson (GA) Isadore Johnson Jr. (NY) Jerry D. Joseph (OH) Neal S. Kassebaum (TN) Ervin A. Klocko, Jr. Kevin E. Kneff (MO) Margaret Lopez (NY) John D. May (KS) PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 74197 Kenneth B. Maynard, Jr. (NH) Mike C. McDowell (TX) Charles B. McKay (FL) Norman C. Mertz (PA) Travis F. Moon (GA) Ronald Mooney (ID) Martin J. Mostyn (OH) Floyd P. Murray, Jr. (UT) Steven D. Nowakowski (MD) Gary D. Peters (NE) Mark A. Pille (IA) Stephen Plesz (CT) Glen E. Pozernick (ID) Jody R. Prause (MI) Walter A. Przewrocki, Jr. (PA) Andrew Quaglia (NY) Stanley A. Sabin (KY) Joseph F. Schafer, Jr. (PA) Francis J. Schultz (PA) Gary A. Sjokvist (ND) Gary L. Snelling (AL) Charles W. Sterling (WA) Thomas L. Stoudnour (PA) Matthew S. Thompson (PA) Robin S. Travis (CO) Richard A. Treadwell (PA) James R. Troutman (PA) William R. Van Gog (WA) Charles S. Watson (IL) William E. Wyant III (IA) Mark A. Yurian (MT) David M. Zanicky (PA) The drivers were included in Docket No. FMCSA–2013–0187. Their exemptions are effective as of December 17, 2015 and will expire on December 17, 2017. As of December 19, 2015, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 27 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce. (72 FR 62514; 72 FR 71996; 76 FR 64165; 76 FR 78718): Robin R. Baumgartner (WI) Joseph K. Beasley (GA) Toni A. Brown (AR) Glenn W. Burke (NY) David P. Charest (FL) Charles Demesmin (NJ) Derek E. Dowling (PA) Donald E. Dupke, Jr. (IN) Frederick E. Dyer (MA) Donald N. Ellis (IN) Tim E. Holmberg (WI) Russell D. Jordan (ND) Warren D. Knabe (NE) Jackie L. Lane (TX) Dennis L. Lorenz (IN) Robert J. Malone (NJ) Clayton A. Powers (CA) Dennis R. Scheel (SD) Michael K. Schulist (MI) Andrew P. Shirk (MS) Jerry L. Smit (MN) Reese L. Sullivan (TX) E:\FR\FM\27NON1.SGM 27NON1 mstockstill on DSK4VPTVN1PROD with NOTICES 74198 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices Randy J. Voss (IL) Robert M. Walker (PA) Robert E. Weiss (MI) Robert A. Wild (OR) Randy L. Wyant (OR) The drivers were included in Docket No. FMCSA–2007–29035; FMCSA– 2011–0277. Their exemptions are effective as of December 19, 2015 and will expire on December 19, 2017. As of December 22, 2015, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 11 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 66120; 76 FR 79759): Lennie D. Cook (OH) David R. Cornelius (IL) Scott A. Edwards (PA) Ronald J. Ezell (MO) Marcus M. Gagne (ME) David P. Govero (MO) Christopher A. Jones (WY) Donald R. McClure, Jr. (PA) Clyde G. Rishel, Jr. (PA) Kurt Schneider (VT) Douglas O. Sundby (ND) The drivers were included in Docket No. FMCSA–2011–0278. Their exemptions are effective as of December 22, 2015 and will expire on December 22, 2017. As of December 24, 2015, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 17 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce. (78 FR 64267; 78 FR 77784): John D. Clark (NJ) David S. Monroe (KS) William I. Harbolt (MT) Mark G. Kahler (TX) Larry W. Hines (NM) Theeir L. Coleman (VA) Michael W. McCrary (GA) Jerry D. Zimmerman (ND) James S. Tracy (ID) John Baltich (PA) Donald A. Spivey (TN) Thomas B. Quirk (CT) Steven M. Oliver (AZ) Sean T. McMahon (WI) David G. Shultz (PA) Ryan L. Harrier (MI) John E. Parker (KS) The drivers were included in Docket No. FMCSA–2013–0184. Their exemptions are effective as of December 24, 2015 and will expire on December 24, 2017. As of December 31, 2015, and in accordance with 49 U.S.C. 31136(e) and 31315, the following individual, Gary L. Crawford (OH), has satisfied the renewal VerDate Sep<11>2014 19:01 Nov 25, 2015 Jkt 238001 conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (78 FR 65034; 79 FR 3917). The driver was included in Docket No. FMCSA–2013–0190. The exemption is effective as of December 31, 2015 and will expire on December 31, 2017. Each of the 133 drivers in the aforementioned groups qualifies for a renewal of the exemption. They have maintained their required medical monitoring and have not exhibited any medical issues that would compromise their ability to safely operate a CMV during the previous 2-year exemption period. These factors provide an adequate basis for predicting each driver’s ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each of the 133 drivers for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. The drivers were included in docket numbers FMCSA– 2007–29035; FMCSA–2008–0293; FMCSA–2009–0242; FMCSA–2011– 0277; FMCSA–2011–0278; FMCSA– 2013–0184; FMCSA–2013–0187; FMCSA–2013–0190. Request for Comments FMCSA will review comments received at any time concerning a particular driver’s safety record and determine if the continuation of the exemption is consistent with the requirements at 49 U.S.C. 31136(e) and 31315. However, FMCSA requests that interested parties with specific data concerning the safety records of these drivers submit comments by December 28, 2015. FMCSA believes that the requirements for a renewal of an exemption under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially granting the renewal and then requesting and evaluating, if needed, subsequent comments submitted by interested parties. As indicated above, the Agency previously published notices of final disposition announcing its decision to exempt these 133 individuals from rule prohibiting persons with ITDM from operating CMVs in interstate commerce in 49 CFR 391.41(b)(3). The final decision to grant an exemption to each of these individuals was made on the merits of each case and made only after careful consideration of the comments received to its notices of applications. The notices of applications stated in detail the medical condition of each applicant for an exemption from rule prohibiting persons with ITDM from operating PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 CMVs in interstate commerce. That information is available by consulting the above cited Federal Register publications. Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. Submitting Comments You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket numbers FMCSA–2007–29035; FMCSA–2008– 0293; FMCSA–2009–0242; FMCSA– 2011–0277; FMCSA–2011–0278; FMCSA–2013–0184; FMCSA–2013– 0187; FMCSA–2013–0190 and click the search button. When the new screen appears, click on the blue ‘‘Comment Now!’’ button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. We will consider all comments and material received during the comment period and may change this proposed rule based on your comments. FMCSA may issue a final rule at any time after the close of the comment period. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, to submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number FMCSA–2007–29035; FMCSA–2008– E:\FR\FM\27NON1.SGM 27NON1 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices 0293; FMCSA–2009–0242; FMCSA– 2011–0277; FMCSA–2011–0278; FMCSA–2013–0184; FMCSA–2013– 0187; FMCSA–2013–0190 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to the proposed rulemaking. Issued on: November 16, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–30164 Filed 11–25–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0397] Commercial Driver’s License: Oregon Department of Transportation; Application for Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA announces that it has received an application from the Oregon Department of Transportation (ODOT) for a limited exemption from the Agency’s commercial learner’s permit (CLP) requirement in 49 CFR 383.25(c). The regulation provides that the CLP be valid for no more than 180 days from the date of issuance. The State of issuance may renew the CLP for an additional 180 days without requiring the CLP holder to retake the general and endorsement knowledge tests. ODOT proposes that it be allowed to extend the 180-day timeline to one year for CLPs issued to its drivers for multiple reasons. ODOT believes that there would be no impact on safety if the exemption is granted. FMCSA requests public comment on ODOT’s application for exemption. In addition, because the issues concerning ODOT’s request could be applicable to each State, FMCSA requests public comments whether the exemption, if granted, should apply to all State Driver’s Licensing Agencies (SDLAs). SUMMARY: Comments must be received on or before December 28, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA FMCSA–2015–0397 using any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. Follow the online instructions for submitting comments. mstockstill on DSK4VPTVN1PROD with NOTICES DATES: VerDate Sep<11>2014 19:01 Nov 25, 2015 Jkt 238001 • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: West Building, Ground Floor, Room W12– 140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: 1–202–493–2251 Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit 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., ET, Monday through Friday, except Federal holidays. The on-line FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. 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 www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: For information concerning this notice, contact Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202–366– 4325. Email: MCPSD@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA–2015–0397), indicate the specific section of this document to PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 74199 which the comment applies, and provide a reason for suggestions or recommendations. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to www.regulations.gov and put the docket number, ‘‘FMCSA–2015–0397’’ in the ‘‘Keyword’’ box, and click ‘‘Search.’’ When the new screen appears, click on ‘‘Comment Now!’’ button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA will consider all comments and material received during the comment period and may grant or not grant this application based on your comments. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to www.regulations.gov and insert the docket number, ‘‘FMCSA–2015–0397’’ in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ button and choose the document listed to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. E:\FR\FM\27NON1.SGM 27NON1

Agencies

[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Notices]
[Pages 74196-74199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30164]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-29035; FMCSA-2008-0293; FMCSA-2009-0242; FMCSA-
2011-0277; FMCSA-2011-0278; FMCSA-2013-0184; FMCSA-2013-0187; FMCSA-
2013-0190]


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 the exemptions of 133 
individuals from its rule prohibiting persons with insulin-treated 
diabetes mellitus (ITDM) from operating commercial motor vehicles 
(CMVs) in interstate commerce. FMCSA has statutory authority to exempt 
individuals from this rule if the exemptions granted will not 
compromise safety. The Agency has concluded that granting these 
exemption renewals will provide a level of safety that is equivalent to 
or greater than the level of safety maintained without the exemptions 
for these CMV drivers.

DATES: Each group of renewed exemptions are effective from the dates 
stated in the discussions below. Comments must be received on or before 
December 28, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. FMCSA-2007-29035; FMCSA-
2008-0293; FMCSA-2009-0242; FMCSA-2011-0277; FMCSA-2011-0278; FMCSA-
2013-0184; FMCSA-2013-0187; FMCSA-2013-0190, using any of the following 
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number for this notice. Note that DOT posts all comments 
received without change to http://www.regulations.gov, including any 
personal information included in a comment. Please see the Privacy Act 
heading below.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Federal Docket Management System (FDMS) is 
available 24 hours each day, 365 days each year. If you want 
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's Privacy Act Statement for the Federal Docket 
Management System (FDMS) published in the Federal Register on January 
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical 
Programs Division, 202-366-4001, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, 
Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m. 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption 
from the Federal Motor Carrier Safety Regulations 2-year period if it 
finds ``such exemption would likely achieve a level of safety that is 
equivalent to or greater than the level that would be achieved absent 
such exemption.'' The statute also allows the Agency to renew 
exemptions at the end of the 2-year period. The 133 individuals listed 
in this notice have recently become eligible for a renewed exemption 
from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to 
drivers of CMVs in interstate commerce. The drivers remain in good 
standing with the Agency, have maintained their required medical 
monitoring and have not exhibited any medical issues that

[[Page 74197]]

would compromise their ability to safely operate a CMV during the 
previous 2-year exemption period.

Exemption Decision

    This notice addresses 133 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. These 133 drivers 
remain in good standing with the Agency, have maintained their required 
medical monitoring and have not exhibited any medical issues that would 
compromise their ability to safely operate a CMV during the previous 2-
year exemption period. Therefore, FMCSA has decided to extend each 
exemption for a renewable two-year period. Each individual is 
identified according to the renewal date.
    The exemptions are renewed subject to the following conditions: (1) 
That each individual submit a quarterly monitoring checklist completed 
by the treating endocrinologist as well as an annual checklist with a 
comprehensive medical evaluation; (2) that each individual reports 
within 2 business days of occurrence, all episodes of severe 
hypoglycemia, significant complications, or inability to manage 
diabetes; also, any involvement in an accident or any other adverse 
event in a CMV or personal vehicle, whether or not it is related to an 
episode of hypoglycemia; (3) that each individual submit an annual 
ophthalmologist's or optometrist's report; and (4) that each individual 
provide a copy of the annual medical certification to the employer for 
retention in the driver's qualification file, or keep a copy in his/her 
driver's qualification file if he/she is self-employed. The driver must 
also have a copy of the certification when driving, for presentation to 
a duly authorized Federal, State, or local enforcement official.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application for additional two year periods. The following groups of 
drivers received renewed exemptions in the month of December and are 
discussed below.
    As of December 1, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 10 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 48338; 74 FR 
62883):

Charles E. Boyd (NE)
Warren B. Copple, Jr. (MI)
Hernan Hernandez (CT)
Jeffrey E. Kiehl (MI)
Jesus G. Maesse (TX)
Jackson R. Olive (NY)
Thomas N. Pico (PA)
Paul Ramirez (OK)
Jon C. Thomas (MT)
Dennis M. Thyfault (UT)

    The drivers were included in Docket No. FMCSA-2009-0242. Their 
exemptions are effective as of December 1, 2015 and will expire on 
December 1, 2017.
    As of December 10, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 7 individuals, have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (73 FR 63042; 73 FR 
75163):

Herschel J. Crawford (AK)
James E. Gaines (NJ)
Allan D. Gralapp (IA)
Scott L. Halm (OH)
Jason P. Smith (GA)
Dean A. Sullivan (KY)
Lawrence W. Thomas (AR)

    The drivers were included in Docket No. FMCSA-2008-0293. Their 
exemptions are effective as of December 10, 2015 and will expire on 
December 10, 2017.
    As of December 17, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 60 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 63298; 78 FR 
76397):

James L. Barnes (GA)
Toni Benfield (SC)
Peter J. Benz (FL)
Robert J. Berger, III (PA)
Daniel A. Bryan (PA)
Travis D. Clarkston (IN)
Romero Coleman (WI)
Michael L. Collins (WA)
Thomas S. Crawford (NY)
Stephen A. Cronin (FL)
Steven M. Dent (IA)
John S. Duvall (PA)
Robert S. Engel (IN)
Steven M. Ference (CT)
David W. Foster (TN)
Francis M. Garlach III (PA)
Allen D. Goddard (MO)
Brian L. Gregory (IL)
Alfonso Grijalva (CA)
Jason E. Jacobus (KY)
Bobby H. Johnson (GA)
Isadore Johnson Jr. (NY)
Jerry D. Joseph (OH)
Neal S. Kassebaum (TN)
Ervin A. Klocko, Jr.
Kevin E. Kneff (MO)
Margaret Lopez (NY)
John D. May (KS)
Kenneth B. Maynard, Jr. (NH)
Mike C. McDowell (TX)
Charles B. McKay (FL)
Norman C. Mertz (PA)
Travis F. Moon (GA)
Ronald Mooney (ID)
Martin J. Mostyn (OH)
Floyd P. Murray, Jr. (UT)
Steven D. Nowakowski (MD)
Gary D. Peters (NE)
Mark A. Pille (IA)
Stephen Plesz (CT)
Glen E. Pozernick (ID)
Jody R. Prause (MI)
Walter A. Przewrocki, Jr. (PA)
Andrew Quaglia (NY)
Stanley A. Sabin (KY)
Joseph F. Schafer, Jr. (PA)
Francis J. Schultz (PA)
Gary A. Sjokvist (ND)
Gary L. Snelling (AL)
Charles W. Sterling (WA)
Thomas L. Stoudnour (PA)
Matthew S. Thompson (PA)
Robin S. Travis (CO)
Richard A. Treadwell (PA)
James R. Troutman (PA)
William R. Van Gog (WA)
Charles S. Watson (IL)
William E. Wyant III (IA)
Mark A. Yurian (MT)
David M. Zanicky (PA)

    The drivers were included in Docket No. FMCSA-2013-0187. Their 
exemptions are effective as of December 17, 2015 and will expire on 
December 17, 2017.
    As of December 19, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 27 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce. (72 FR 62514; 72 FR 
71996; 76 FR 64165; 76 FR 78718):

Robin R. Baumgartner (WI)
Joseph K. Beasley (GA)
Toni A. Brown (AR)
Glenn W. Burke (NY)
David P. Charest (FL)
Charles Demesmin (NJ)
Derek E. Dowling (PA)
Donald E. Dupke, Jr. (IN)
Frederick E. Dyer (MA)
Donald N. Ellis (IN)
Tim E. Holmberg (WI)
Russell D. Jordan (ND)
Warren D. Knabe (NE)
Jackie L. Lane (TX)
Dennis L. Lorenz (IN)
Robert J. Malone (NJ)
Clayton A. Powers (CA)
Dennis R. Scheel (SD)
Michael K. Schulist (MI)
Andrew P. Shirk (MS)
Jerry L. Smit (MN)
Reese L. Sullivan (TX)

[[Page 74198]]

Randy J. Voss (IL)
Robert M. Walker (PA)
Robert E. Weiss (MI)
Robert A. Wild (OR)
Randy L. Wyant (OR)

    The drivers were included in Docket No. FMCSA-2007-29035; FMCSA-
2011-0277. Their exemptions are effective as of December 19, 2015 and 
will expire on December 19, 2017.
    As of December 22, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 11 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 66120; 76 FR 
79759):

Lennie D. Cook (OH)
David R. Cornelius (IL)
Scott A. Edwards (PA)
Ronald J. Ezell (MO)
Marcus M. Gagne (ME)
David P. Govero (MO)
Christopher A. Jones (WY)
Donald R. McClure, Jr. (PA)
Clyde G. Rishel, Jr. (PA)
Kurt Schneider (VT)
Douglas O. Sundby (ND)

    The drivers were included in Docket No. FMCSA-2011-0278. Their 
exemptions are effective as of December 22, 2015 and will expire on 
December 22, 2017.
    As of December 24, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 17 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce. (78 FR 64267; 78 FR 
77784):

John D. Clark (NJ)
David S. Monroe (KS)
William I. Harbolt (MT)
Mark G. Kahler (TX)
Larry W. Hines (NM)
Theeir L. Coleman (VA)
Michael W. McCrary (GA)
Jerry D. Zimmerman (ND)
James S. Tracy (ID)
John Baltich (PA)
Donald A. Spivey (TN)
Thomas B. Quirk (CT)
Steven M. Oliver (AZ)
Sean T. McMahon (WI)
David G. Shultz (PA)
Ryan L. Harrier (MI)
John E. Parker (KS)

    The drivers were included in Docket No. FMCSA-2013-0184. Their 
exemptions are effective as of December 24, 2015 and will expire on 
December 24, 2017.
    As of December 31, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following individual, Gary L. Crawford (OH), has 
satisfied the renewal conditions for obtaining an exemption from the 
rule prohibiting drivers with ITDM from driving CMVs in interstate 
commerce (78 FR 65034; 79 FR 3917).
    The driver was included in Docket No. FMCSA-2013-0190. The 
exemption is effective as of December 31, 2015 and will expire on 
December 31, 2017.
    Each of the 133 drivers in the aforementioned groups qualifies for 
a renewal of the exemption. They have maintained their required medical 
monitoring and have not exhibited any medical issues that would 
compromise their ability to safely operate a CMV during the previous 2-
year exemption period.
    These factors provide an adequate basis for predicting each 
driver's ability to continue to drive safely in interstate commerce. 
Therefore, FMCSA concludes that extending the exemption for each of the 
133 drivers for a period of two years is likely to achieve a level of 
safety equal to that existing without the exemption. The drivers were 
included in docket numbers FMCSA-2007-29035; FMCSA-2008-0293; FMCSA-
2009-0242; FMCSA-2011-0277; FMCSA-2011-0278; FMCSA-2013-0184; FMCSA-
2013-0187; FMCSA-2013-0190.

Request for Comments

    FMCSA will review comments received at any time concerning a 
particular driver's safety record and determine if the continuation of 
the exemption is consistent with the requirements at 49 U.S.C. 31136(e) 
and 31315. However, FMCSA requests that interested parties with 
specific data concerning the safety records of these drivers submit 
comments by December 28, 2015.
    FMCSA believes that the requirements for a renewal of an exemption 
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially 
granting the renewal and then requesting and evaluating, if needed, 
subsequent comments submitted by interested parties. As indicated 
above, the Agency previously published notices of final disposition 
announcing its decision to exempt these 133 individuals from rule 
prohibiting persons with ITDM from operating CMVs in interstate 
commerce in 49 CFR 391.41(b)(3). The final decision to grant an 
exemption to each of these individuals was made on the merits of each 
case and made only after careful consideration of the comments received 
to its notices of applications. The notices of applications stated in 
detail the medical condition of each applicant for an exemption from 
rule prohibiting persons with ITDM from operating CMVs in interstate 
commerce. That information is available by consulting the above cited 
Federal Register publications.
    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315, FMCSA will take immediate steps to revoke the 
exemption of a driver.

Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket numbers FMCSA-2007-29035; FMCSA-
2008-0293; FMCSA-2009-0242; FMCSA-2011-0277; FMCSA-2011-0278; FMCSA-
2013-0184; FMCSA-2013-0187; FMCSA-2013-0190 and click the search 
button. When the new screen appears, click on the blue ``Comment Now!'' 
button on the right hand side of the page. On the new page, enter 
information required including the specific section of this document to 
which each comment applies, and provide a reason for each suggestion or 
recommendation. If you submit your comments by mail or hand delivery, 
submit them in an unbound format, no larger than 8\1/2\ by 11 inches, 
suitable for copying and electronic filing. If you submit comments by 
mail and would like to know that they reached the facility, please 
enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments. FMCSA may issue a final rule at any time after the close of 
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, to submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number 
FMCSA-2007-29035; FMCSA-2008-

[[Page 74199]]

0293; FMCSA-2009-0242; FMCSA-2011-0277; FMCSA-2011-0278; FMCSA-2013-
0184; FMCSA-2013-0187; FMCSA-2013-0190 and click ``Search.'' Next, 
click ``Open Docket Folder'' and you will find all documents and 
comments related to the proposed rulemaking.

    Issued on: November 16, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-30164 Filed 11-25-15; 8:45 am]
 BILLING CODE 4910-EX-P