Qualification of Drivers; Exemption Applications; Diabetes, 1281-1284 [2016-295]
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Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices
Environmental Impact Statement, open
a public scoping period, and hold a
public scoping meeting for the proposed
Spaceport Camden in the Federal
Register and requested comments. The
public scoping period was originally
scheduled to close on January 4, 2016,
but the FAA extended the comment
period an additional 14 consecutive
days, changing the deadline for
submitting public scoping comments
from January 4, 2016 to January 18,
2016.
Additional information regarding the
proposed project is available online at:
https://www.faa.gov/about/office_org/
headquarters_offices/ast/
environmental/nepa_docs/review/
documents_progress/camden_
spaceport/.
Issued in Washington, DC on January 5,
2016.
Daniel Murray,
Manager, Space Transportation Development
Division.
[FR Doc. 2016–304 Filed 1–8–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Noise Exposure Map Notice; WestfieldBarnes Regional Airport; Westfield,
Massachusetts
Federal Aviation
Administration, DOT.
ACTION: Notice.
AGENCY:
The Federal Aviation
Administration (FAA) announces its
determination that the noise exposure
maps for Westfield-Barnes Regional
Airport, as submitted by the City of
Westfield, Massachusetts, under the
provisions of Title I of the Aviation
Safety and Noise Abatement Act of 1979
(Pub. L. 96–193) and 14 CFR part 150,
are in compliance with applicable
requirements.
SUMMARY:
The effective date of the FAA’s
determination on the noise exposure
maps is December 22, 2015.
FOR FURTHER INFORMATION CONTACT:
Richard Doucette, Federal Aviation
Administration, New England Region,
Airports Division, 12 New England
Executive Park, Burlington,
Massachusetts 01803.
SUPPLEMENTARY INFORMATION: This
notice announces that the FAA finds
that the noise exposure maps submitted
for Westfield-Barnes Regional Airport
are in compliance with applicable
requirements of Part 150, effective
December 22, 2015.
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DATES:
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Under Section 103 of Title I of the
Aviation Safety and Noise Abatement
Act of 1979 (hereinafter referred to as
‘‘the Act’’), an airport operator may
submit to the FAA noise exposure maps
that meet applicable regulations and
that depict non-compatible land uses as
of the date of submission of such maps,
a description of projected aircraft
operations, and the ways in which such
operations will affect such maps. The
Act requires such maps to be developed
in consultation with interested and
affected parties in the local community,
government agencies, and persons using
the airport.
An airport operator who has
submitted such noise exposure maps
that are found by FAA to be in
compliance with the requirements of
Federal Aviation Regulation (FAR) Part
150, promulgated pursuant to Title I of
the Act, may submit a noise
compatibility program for FAA approval
that sets forth the measures the operator
has taken, or proposes, for the
introduction of additional noncompatible uses.
The FAA has completed its review of
the noise exposure map and related
descriptions submitted by Westfield,
Massachusetts. The specific maps under
consideration were ‘‘Figure 3–9. DNL
Contours for Average Daily Aircraft
Operations for CY2015’’ and ‘‘Figure 4–
1. DNL Contours for Average Daily
Aircraft Operations for CY2020 NEM’’
in the submission. The FAA has
determined that these maps for
Westfield-Barnes Regional Airport are in
compliance with applicable
requirements. This determination is
effective on December 22, 2015.
FAA’s determination on an airport
operator’s noise exposure maps is
limited to a finding that the maps were
developed in accordance with the
procedures contained in Appendix A of
FAR Part 150. Such determination does
not constitute approval of the
applicant’s data, information or plans,
or a commitment to approve a noise
compatibility program or to fund the
implementation of that program.
If questions arise concerning the
precise relationship of specific
properties to noise exposure contours
depicted on a noise exposure map
submitted under Section 103 of the Act,
it should be noted that the FAA is not
involved in any way in determining the
relative locations of specific properties
with regard to the depicted noise
contours, or in interpreting the noise
exposure maps to resolve questions
concerning, for example, which
properties should be covered by the
provisions of Section 107 of the Act.
These functions are inseparable from
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1281
the ultimate land use control and
planning responsibilities of local
government. These local responsibilities
are not changed in any way under Part
150 or through FAA’s review of a noise
exposure map. Therefore, the
responsibility for the detailed
overlaying of noise exposure contours
onto the map depicting properties on
the surface rests exclusively with the
airport operator that submitted the map
or with those public agencies and
planning agencies with which
consultation is required under Section
103 of the Act. The FAA has relied on
the certification by the airport operator,
under Section 150.21 of FAR Part 150,
that the statutorily required consultation
has been accomplished.
Copies of the noise exposure maps
and of the FAA’s evaluation of the maps
are available for examination at the
following locations:
Westfield-Barnes Regional Airport, 110
Airport Drive, Westfield MA 01085.
Federal Aviation Administration, New
England Region, Airports Division,
12 New England Executive Park,
Burlington, Massachusetts 01803.
Questions may be directed to the
individual named above under the
heading: FOR FURTHER INFORMATION
CONTACT.
Issued in Burlington, Massachusetts on
December 22, 2015.
Richard P. Doucette,
Environmental Program Manager, FAA New
England Region, Airports Division.
[FR Doc. 2016–299 Filed 1–8–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2009–0294; FMCSA–
2011–0326; FMCSA–2011–0327; FMCSA–
2011–0367; FMCSA–2013–0192]
Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
FMCSA announces its
decision to renew the exemptions of 36
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
SUMMARY:
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Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices
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 February 10, 2016.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
FMCSA–2009–0294; FMCSA–2011–
0326; FMCSA–2011–0327; FMCSA–
2011–0367; FMCSA–2013–0192, using
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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 https://
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 https://
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
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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 36 individuals listed in this
notice have recently become eligible for
a renewed exemption from the diabetes
prohibition in 49 CFR 391.41(b)(3),
which applies to drivers of CMVs in
interstate commerce. The drivers remain
in good standing with the Agency, have
maintained their required medical
monitoring and have not exhibited any
medical issues that would compromise
their ability to safely operate a CMV
during the previous 2-year exemption
period.
Exemption Decision
This notice addresses 36 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. These 36 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
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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
February and are discussed below.
As of February 6, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 6 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 79756; 77 FR 5873):
Howard A. Betz (OH)
Kevin J. Coppens (ME)
Frank H. Ford, Jr. (PA)
Daniel R. Harris (TX)
Joseph L. Owings (AL)
Jerry H. Small (NC)
The drivers were included in Docket
No. FMCSA–2011–0326. Their
exemptions are effective as of February
6, 2016 and will expire on February 6,
2018.
As of February 10, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 6 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 78720; 77 FR 7232):
Steve R. Fortunat (NJ)
Kenneth J. Hill (OH)
Cecil T. Keith (GA)
Frank E. Ray (KS)
Stanley L. Rybarcyzk (IL)
Gene A. Willias (WV)
The drivers were included in Docket
No. FMCSA–2011–0327. Their
exemptions are effective as of February
10, 2016 and will expire on February 10,
2018.
As of February 12, 2015, and in
accordance with 49 U.S.C. 31136(e) and
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Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices
31315, the following individual, Guy B.
Mayes (WA) has satisfied the renewal
conditions for obtaining an exemption
from the rule prohibiting drivers with
ITDM from driving CMVs in interstate
commerce (78 FR 78479; 79 FR 13086).
The driver was included in Docket
No. FMCSA–2013–0192. The exemption
is effective as of February 12, 2016 and
will expire on February 12, 2018.
As of February 22, 2016, 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.
(77 FR 533; 77 FR 10607):
Garry L. Camden (IN)
Loren A. Cox (NY)
Darryl F. Gilbertson (WI)
Alfred Gutierrez II (OK)
Matthew D. Hulse (KS)
Neil E. Karvonen (WA)
Damon A. Kruger (CO)
Earl T. Morton, Jr. (VA)
Richard A. Norstebon (ND)
Donald J. Olbinski (IL)
Kevin E. Risley (IN)
The drivers were included in Docket
No. FMCSA–2011–0367. Their
exemptions are effective as of February
22, 2016 and will expire on February 22,
2018.
As of February 24, 2016, 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.
(78 FR 68092; 79 FR 8182):
Daniel C. Druffel (WA)
Gregory J. Godley (WA)
Troy A. Gortmaker (SD)
Charles M. Griswold (MA)
Justin R. Henneinke (CA)
William R. Huntley (MI)
Joseph I. Kulp (PA)
Kevin R. Mooney (WA)
Daniel D. Neale (CA)
Richard L. Sulzberger (IL)
Dirk Vanstralen (CA)
The drivers were included in Docket
No. FMCSA–2009–0294. Their
exemptions are effective as of February
24, 2016 and will expire on February 24,
2018.
As of February 27, 2015, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following individual, Charles
R. Clayton (NJ) has satisfied the renewal
conditions for obtaining an exemption
from the rule prohibiting drivers with
ITDM from driving CMVs in interstate
commerce (78 FR 78479; 79 FR 13086).
The driver was included in Docket
No. FMCSA–2013–0192. The exemption
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is effective as of February 27, 2016 and
will expire on February 27, 2018.
Each of the 36 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 36 drivers for a period
of two years is likely to achieve a level
of safety equal to that existing without
the exemption. The drivers were
included in docket numbers FMCSA–
2009–0294; FMCSA–2011–0326;
FMCSA–2011–0327; FMCSA–2011–
0367; FMCSA–2013–0192.
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 February
10, 2016.
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 36
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
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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
https://www.regulations.gov and in the
search box insert the docket numbers
FMCSA–2009–0294; FMCSA–2011–
0326; FMCSA–2011–0327; FMCSA–
2011–0367; FMCSA–2013–0192 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
https://www.regulations.gov and in the
search box insert the docket number
FMCSA–2009–0294; FMCSA–2011–
0326; FMCSA–2011–0327; FMCSA–
2011–0367; FMCSA–2013–0192 and
click ‘‘Search.’’ Next, click ‘‘Open
Docket Folder’’ and you will find all
documents and comments related to the
proposed rulemaking.
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Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices
Dated: December 29, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–295 Filed 1–8–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0056]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt 59 individuals from
the vision requirement in the Federal
Motor Carrier Safety Regulations
(FMCSRs). They are unable to meet the
vision requirement in one eye for
various reasons. The exemptions will
enable these individuals to operate
commercial motor vehicles (CMVs) in
interstate commerce without meeting
the prescribed vision requirement in
one eye. The Agency has concluded that
granting these exemptions 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: The exemptions were granted
November 3, 2015. The exemptions
expire on November 3, 2017.
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 8:30 a.m. to 5 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:
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SUMMARY:
I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
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., Monday through Friday,
except Federal holidays.
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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.
II. Background
On October 1, 2015, FMCSA
published a notice of receipt of
exemption applications from certain
individuals, and requested comments
from the public (80 FR 59230). That
notice listed 59 applicants’ case
histories. The 59 individuals applied for
exemptions from the vision requirement
in 49 CFR 391.41(b)(10), for drivers who
operate CMVs in interstate commerce.
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for a 2year 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.
Accordingly, FMCSA has evaluated the
59 applications on their merits and
made a determination to grant
exemptions to each of them.
III. Vision and Driving Experience of
the Applicants
The vision requirement in the
FMCSRs provides:
A person is physically qualified to
drive a commercial motor vehicle if that
person has distant visual acuity of at
least 20/40 (Snellen) in each eye
without corrective lenses or visual
acuity separately corrected to 20/40
(Snellen) or better with corrective
lenses, distant binocular acuity of a least
20/40 (Snellen) in both eyes with or
without corrective lenses, field of vision
of at least 70° in the horizontal meridian
in each eye, and the ability to recognize
the colors of traffic signals and devices
showing red, green, and amber (49 CFR
391.41(b)(10)).
FMCSA recognizes that some drivers
do not meet the vision requirement but
have adapted their driving to
accommodate their vision limitation
and demonstrated their ability to drive
safely. The 59 exemption applicants
listed in this notice are in this category.
They are unable to meet the vision
requirement in one eye for various
reasons, including amblyopia, aphakia,
bullous keratopathy, cancerous tumor,
cataract, central pigment epithelial
atrophy, central retinal detachment,
central serous retinopathy, central
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vision loss, chorioretinal scar, Coat’s
exudative, complete loss of vision,
corneal scar, decreased vision,
glaucoma, Lasik surgery complication,
macular degeneration, macular hole,
macular scar, optic atrophy, optic
neuropathy, optic nerve coloboma,
phthisis bulbi, prosthetic eye, refractive
amblyopia, retinal detachment, retinal
scar, traumatic cataract, and vein
occlusion. In most cases, their eye
conditions were not recently developed.
Thirty-five of the applicants were either
born with their vision impairments or
have had them since childhood.
The 24 individuals that sustained
their vision conditions as adults have
had it for a range of 3 to 39 years.
Although each applicant has one eye
which does not meet the vision
requirement in 49 CFR 391.41(b)(10),
each has at least 20/40 corrected vision
in the other eye, and in a doctor’s
opinion, has sufficient vision to perform
all the tasks necessary to operate a CMV.
Doctors’ opinions are supported by the
applicants’ possession of valid
commercial driver’s licenses (CDLs) or
non-CDLs to operate CMVs. Before
issuing CDLs, States subject drivers to
knowledge and skills tests designed to
evaluate their qualifications to operate a
CMV.
All of these applicants satisfied the
testing requirements for their State of
residence. By meeting State licensing
requirements, the applicants
demonstrated their ability to operate a
CMV, with their limited vision, to the
satisfaction of the State.
While possessing a valid CDL or nonCDL, these 59 drivers have been
authorized to drive a CMV in intrastate
commerce, even though their vision
disqualified them from driving in
interstate commerce. They have driven
CMVs with their limited vision in
careers ranging for 0 to 55 years. In the
past three years, 2 drivers were involved
in crashes, and 3 drivers were convicted
of moving violations in a CMV.
The qualifications, experience, and
medical condition of each applicant
were stated and discussed in detail in
the October 1, 2015 notice (80 FR
59230).
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the vision requirement in 49 CFR
391.41(b)(10) if the exemption is likely
to achieve an equivalent or greater level
of safety than would be achieved
without the exemption. Without the
exemption, applicants will continue to
be restricted to intrastate driving. With
the exemption, applicants can drive in
interstate commerce. Thus, our analysis
E:\FR\FM\11JAN1.SGM
11JAN1
]]>Agencies
[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Pages 1281-1284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-295]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2009-0294; FMCSA-2011-0326; FMCSA-2011-0327; FMCSA-
2011-0367; FMCSA-2013-0192]
Qualification of Drivers; Exemption Applications; Diabetes
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemptions; request for comments.
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SUMMARY: FMCSA announces its decision to renew the exemptions of 36
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
[[Page 1282]]
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
February 10, 2016.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. FMCSA-2009-0294; FMCSA-
2011-0326; FMCSA-2011-0327; FMCSA-2011-0367; FMCSA-2013-0192, using any
of the following methods:
Federal eRulemaking Portal: Go to https://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 https://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 https://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 36 individuals listed
in this notice have recently become eligible for a renewed exemption
from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to
drivers of CMVs in interstate commerce. The drivers remain in good
standing with the Agency, have maintained their required medical
monitoring and have not exhibited any medical issues that would
compromise their ability to safely operate a CMV during the previous 2-
year exemption period.
Exemption Decision
This notice addresses 36 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. These 36 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 February and are
discussed below.
As of February 6, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 6 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 79756; 77 FR
5873):
Howard A. Betz (OH)
Kevin J. Coppens (ME)
Frank H. Ford, Jr. (PA)
Daniel R. Harris (TX)
Joseph L. Owings (AL)
Jerry H. Small (NC)
The drivers were included in Docket No. FMCSA-2011-0326. Their
exemptions are effective as of February 6, 2016 and will expire on
February 6, 2018.
As of February 10, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 6 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 78720; 77 FR
7232):
Steve R. Fortunat (NJ)
Kenneth J. Hill (OH)
Cecil T. Keith (GA)
Frank E. Ray (KS)
Stanley L. Rybarcyzk (IL)
Gene A. Willias (WV)
The drivers were included in Docket No. FMCSA-2011-0327. Their
exemptions are effective as of February 10, 2016 and will expire on
February 10, 2018.
As of February 12, 2015, and in accordance with 49 U.S.C. 31136(e)
and
[[Page 1283]]
31315, the following individual, Guy B. Mayes (WA) has satisfied the
renewal conditions for obtaining an exemption from the rule prohibiting
drivers with ITDM from driving CMVs in interstate commerce (78 FR
78479; 79 FR 13086).
The driver was included in Docket No. FMCSA-2013-0192. The
exemption is effective as of February 12, 2016 and will expire on
February 12, 2018.
As of February 22, 2016, 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. (77 FR 533; 77 FR
10607):
Garry L. Camden (IN)
Loren A. Cox (NY)
Darryl F. Gilbertson (WI)
Alfred Gutierrez II (OK)
Matthew D. Hulse (KS)
Neil E. Karvonen (WA)
Damon A. Kruger (CO)
Earl T. Morton, Jr. (VA)
Richard A. Norstebon (ND)
Donald J. Olbinski (IL)
Kevin E. Risley (IN)
The drivers were included in Docket No. FMCSA-2011-0367. Their
exemptions are effective as of February 22, 2016 and will expire on
February 22, 2018.
As of February 24, 2016, 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. (78 FR 68092; 79 FR
8182):
Daniel C. Druffel (WA)
Gregory J. Godley (WA)
Troy A. Gortmaker (SD)
Charles M. Griswold (MA)
Justin R. Henneinke (CA)
William R. Huntley (MI)
Joseph I. Kulp (PA)
Kevin R. Mooney (WA)
Daniel D. Neale (CA)
Richard L. Sulzberger (IL)
Dirk Vanstralen (CA)
The drivers were included in Docket No. FMCSA-2009-0294. Their
exemptions are effective as of February 24, 2016 and will expire on
February 24, 2018.
As of February 27, 2015, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following individual, Charles R. Clayton (NJ) has
satisfied the renewal conditions for obtaining an exemption from the
rule prohibiting drivers with ITDM from driving CMVs in interstate
commerce (78 FR 78479; 79 FR 13086).
The driver was included in Docket No. FMCSA-2013-0192. The
exemption is effective as of February 27, 2016 and will expire on
February 27, 2018.
Each of the 36 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
36 drivers for a period of two years is likely to achieve a level of
safety equal to that existing without the exemption. The drivers were
included in docket numbers FMCSA-2009-0294; FMCSA-2011-0326; FMCSA-
2011-0327; FMCSA-2011-0367; FMCSA-2013-0192.
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 February 10, 2016.
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 36 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 https://www.regulations.gov and
in the search box insert the docket numbers FMCSA-2009-0294; FMCSA-
2011-0326; FMCSA-2011-0327; FMCSA-2011-0367; FMCSA-2013-0192 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 https://www.regulations.gov and in the search box insert the docket number
FMCSA-2009-0294; FMCSA-2011-0326; FMCSA-2011-0327; FMCSA-2011-0367;
FMCSA-2013-0192 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.
[[Page 1284]]
Dated: December 29, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-295 Filed 1-8-16; 8:45 am]
BILLING CODE 4910-EX-P
