Qualification of Drivers; Exemption Applications; Diabetes, 42052-42054 [2016-15222]
Download as PDF
<![CDATA[
42052
Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
52441).1 The revision must provide for
individual assessment of drivers with
diabetes mellitus, and be consistent
with the criteria described in section
4018 of the Transportation Equity Act
for the 21st Century (49 U.S.C. 31305).
Section 4129 requires: (1) Elimination
of the requirement for 3 years of
experience operating CMVs while being
treated with insulin; and (2)
establishment of a specified minimum
period of insulin use to demonstrate
stable control of diabetes before being
allowed to operate a CMV.
In response to section 4129, FMCSA
made immediate revisions to the
diabetes exemption program established
by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year
driving experience and fulfilled the
requirements of section 4129 while
continuing to ensure that operation of
CMVs by drivers with ITDM will
achieve the requisite level of safety
required of all exemptions granted
under 49 U.S.C. 31136(e).
Section 4129(d) also directed FMCSA
to ensure that drivers of CMVs with
ITDM are not held to a higher standard
than other drivers, with the exception of
limited operating, monitoring and
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.
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
https://www.regulations.gov and in the
search box insert the docket number
FMCSA–2016–0042 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
1 Section 4129(a) refers to the 2003 notice as a
‘‘final rule.’’ However, the 2003 notice did not issue
a ‘‘final rule’’ but did establish the procedures and
standards for issuing exemptions for drivers with
ITDM.
VerDate Sep<11>2014
17:49 Jun 27, 2016
Jkt 238001
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. FMCSA may issue a final
determination at any time after the close
of the comment period.
V. Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
go to https://www.regulations.gov and in
the search box insert the docket number
FMCSA–2016–0042 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
Issued on: June 20, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–15220 Filed 6–27–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2006–2575; FMCSA–
2011–0193; FMCSA–2011–0194; FMCSA–
2013–0183; FMCSA–2013–0186; FMCSA–
2013–0188; FMCSA–2013–0189]
Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemption;
request for comments.
AGENCY:
FMCSA announces its
decision to renew the exemptions from
its rule prohibiting persons with
insulin-treated diabetes mellitus (ITDM)
from operating commercial motor
vehicles (CMVs) in interstate commerce
for 90 individuals. 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.
SUMMARY:
PO 00000
Frm 00125
Fmt 4703
Sfmt 4703
Each group of renewed
exemptions are effective from the dates
stated in the discussions below.
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–
224, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5:00
p.m. Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
DATES:
I. Electronic Access
You may submit comments using the
following Federal Docket Management
System (FDMS) Docket Nos. discussed
in this notice 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: 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 numbers for this notice. Note
that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below for
further information.
Docket: For access to the docket to
read background documents or
comments, go to 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: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
E:\FR\FM\28JNN1.SGM
28JNN1
Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Notices
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 November 6, 2015, FMCSA
published a notice of intent to renew the
exemptions of drivers who have
previously held exemptions, and
requested comments from the public (80
FR 68895). The 90 individuals have
held exemptions from the Agency’s rule
prohibiting persons with ITDM from
operating CMVs in interstate commerce.
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may renew an exemption in 49
CFR 391.41(b)(3), which applies to
drivers of CMVs in interstate commerce,
for a two-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
procedures for requesting an exemption
(including renewals) are set out in 49
CFR part 381.
III. Request for Comments
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will
take immediate steps to revoke the
exemption of a driver. FMCSA
encourages you to participate by
submitting comments and related
materials.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
IV. Basis for Renewing Exemptions
This notice addresses 90 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
90 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period.
In accordance with 49 U.S.C. 31136(e)
and 31315, the following groups of
drivers received renewed exemptions in
the month of November and are
discussed below.
As of November 1, 2015 the following
17 individuals have satisfied conditions
for obtaining a renewed exemption from
the rule prohibiting drivers with ITDM
from driving CMVs in interstate
VerDate Sep<11>2014
17:49 Jun 27, 2016
Jkt 238001
commerce (78 FR 50482; 78 FR 65754;
80 FR 68895):
John K. Abels (IL)
Dean A. Bacon (IN)
Philip E. Banks (OH)
Anthony M. Bride (NJ)
Charles E. Dailey (AL)
Kenneth D. Denny (WA)
Adam M. Hogue (MS)
Allen D. LaFave (ND)
Greg P. Mason (NY)
Thomas D. Miller (MT)
Douglas A. Mulligan (KY)
David G. Peters (PA)
Robert J. Rispoli, Jr. (NY)
Mike P. Senn (MN)
Hames H. Suttles (AL)
Gregory F. Wendt (NE)
Michael J. Wickstrom (MI)
The drivers were included in Docket
No. FMCSA–2013–0183. Their
exemptions are effective as of November
1, 2015 and will expire on November 1,
2017.
As of November 6, 2015, the following
individual, George J. Ehnot (PA), has
satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(78 FR 56988; 78 FR 67459; 80 FR
68895).
The driver was included in Docket
No. FMCSA–2013–0186. The exemption
is effective as of November 6, 2015 and
will expire on November 6, 2017.
As of November 9, 2015, the following
11 individuals have satisfied the
renewal conditions for obtaining an
exemption from the rule prohibiting
drivers with ITDM from driviing CMVs
in interstate commerce. (78 FR 55460;
78 FR 69795; 80 FR 68895):
Mark A. Blanton (IN)
Howard T. Cash (IL)
Heath J. Chesser (AL)
Kevin F. Connacher (PA)
Darryl A. Daniels (OH)
Carrie L. Frisby (CA)
Dean M. Keeven (MI)
Christopher A. Labudde (IL)
Brian A. Mankowski (IL)
Robert E. Welling (OH)
Keith Weymouth (ME)
The drivers were included in Docket
No. FMCSA–2011–0193. Their
exemptions are effective as of November
9, 2015 and will expire on November 9,
2017. As of November 12, 2015, the
following 24 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 56988;
78 FR 67459; 80 FR 68895):
Charles E. Andersen (MN)
Philip B. Blythe (IL)
PO 00000
Frm 00126
Fmt 4703
Sfmt 4703
42053
Ryan T. Byndas (AZ)
Winfred G. Clemenson (WA)
Michael C. Crewse (IL)
James D. Crosson, Jr. (MN)
Bruce E. Feltenbarger (MI)
Charles A. Fleming (VA)
Brian W. Hannah (UT)
Michael P. Huck (MI)
Van K. Jarrett (KY)
Keith W. Lewis (MO)
Eugene M. Mikell (NH)
Ronny J. Moreau (NH)
James M. O’Rourke (MA)
Joshua T. Paumer (MT)
Vladimir B. Petkov (MO)
Luther S. Pickell (KS)
Robert J. Pulliam (AZ)
Andrew W. Sprester (ND)
Vincent J. Terrizzi, Sr. (PA)
Daniel C. Theis (FL)
Richard A. White (TN)
Mark A. Winning (IL)
The drivers were included in Docket
No. FMCSA–2013–0186. Their
exemptions are effective as of November
12, 2015 and will expire on November
12, 2017.
As of November 16, 2015, the
following 13 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 61140;
76 FR 71111; 80 FR 68895):
Mark D. Andersen (IA)
David A. Basher (MA)
Brian H. Berthiaume (VT)
Eric D. Blocker, Sr. (NC)
Berry W. Campbell (WI)
Raymond A. Jack (WA)
Quency T. Johnson (WI)
Kenny B. Keels, Jr. (SC)
Jason M. Pritchett (MI)
Steven R. Sibert (MN)
Cassie J. Silbernagel (SD)
Lewis B. Taylor (IL)
James A. Terilli (NY)
The drivers were included in Docket
No. FMCSA–2011–0194. Their
exemptions are effective as of November
16, 2015 and will expire on November
16, 2017.
As of November 19, 2015, the
following individual, Marshall H. Evans
(IL), has satisfied the renewal conditions
for obtaining an exemption from the
rule prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(76 FR 63280; 76 FR 76398; 80 FR
68895).
The driver was included in Docket
No. FMCSA–2013–0188. The exemption
is effective as of November 19, 2015 and
will expire on November 19, 2017.
As of November 20, 2015, the
following 22 individuals have satisfied
the renewal conditions for obtaining an
exemption from the rule prohibiting
E:\FR\FM\28JNN1.SGM
28JNN1
42054
Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
drivers with ITDM from driving CMVs
in interstate commerce (71 FR 58464; 71
FR 67201; 80 FR 68895):
John N. Anderson (MN)
Allan C. Boyum (MN)
Terry L. Brantley (NC)
Steven E. Brechting (MI)
Scott A. Carlson (WI)
Joseph L. Coggins (SC)
Stephanie D. Fry (WY)
Robert W. Gaultney, Jr. (MD)
Paul T. Kubish (WI)
David M. Levy (NY)
Sterling C. Madsen (UT)
David F. Morin (CA)
Jeffrey J. Morinelli (NE)
Ronald D. Murphy (WV)
Charles B. Page (PA)
John A. Remaklus (OH)
Michael D. Schooler (IN)
Arthur L. Stapleton, Jr. (OH)
Carolyn J. Taylor (IN)
Jeffrey M. Thew (WA)
Barney J. Wade (MS)
Dennis D. Wade (IL)
The drivers were included in Docket
No. FMCSA–2006–2575. Their
exemptions are effective as of November
20, 2015 and will expire on November
20, 2017.
As of November 22, 2015, the
following individual, Steven R. Auger
(NH), has satisfied the renewal
conditions for obtaining an exemption
from the rule prohibiting drivers with
ITDM from driving CMVs in interstate
commerce (76 FR 63295; 76 FR 76400;
80 FR 68895).
The driver was included in Docket
No. FMCSA–2013–0189. The exemption
is effective as of November 22, 2015 and
will expire on November 22, 2017.
Each of these 90 drivers 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 90 drivers for a period
of two years is likely to achieve a level
of safety equal to that existing without
the exemption.
V. Conditions and Requirements
The exemptions are extended 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
VerDate Sep<11>2014
17:49 Jun 27, 2016
Jkt 238001
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. Each exemption will be valid
for two years unless rescinded earlier by
FMCSA. The exemption will be
rescinded if: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136(e) and
31315.
VI. Conclusion
Based upon its evaluation of the 90
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the rule prohibiting drivers
with ITDM from driving CMVs in
interstate commerce in 49 CFR
391.64(3).
In accordance with 49 U.S.C. 31136(e)
and 31315, each exemption will be valid
for 2 years unless revoked earlier by
FMCSA. The exemption will be revoked
if: (1) The person fails to comply with
the terms and conditions of the
exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136 and 31315.
If the exemption is still effective at the
end of the 2-year period and the drivers
remain in good standing with the
program, have maintained their required
medical monitoring, and have not
exhibited any medical issues that would
compromise their ability to safely
operate a CMV, they are eligible to
receive a renewal from FMCSA under
procedures in effect at that time.
Issued on: June 20, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–15222 Filed 6–27–16; 8:45 am]
BILLING CODE 4910–EX–P
PO 00000
Frm 00127
Fmt 4703
Sfmt 4703
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0029]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemptions; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 23 individuals for
exemption from the vision requirement
in the Federal Motor Carrier Safety
Regulations. 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. If granted, the exemptions
would enable these individuals to
qualify as drivers of commercial motor
vehicles (CMVs) in interstate commerce.
DATES: Comments must be received on
or before July 28, 2016. All comments
will be investigated by FMCSA. The
exemptions will be issued the day after
the comment period closes.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2016–0029 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: 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 numbers for this notice. Note
that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below for
further information.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time or
SUMMARY:
E:\FR\FM\28JNN1.SGM
28JNN1
]]>Agencies
[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Notices]
[Pages 42052-42054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15222]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2006-2575; FMCSA-2011-0193; FMCSA-2011-0194; FMCSA-
2013-0183; FMCSA-2013-0186; FMCSA-2013-0188; FMCSA-2013-0189]
Qualification of Drivers; Exemption Applications; Diabetes
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to renew the exemptions from its
rule prohibiting persons with insulin-treated diabetes mellitus (ITDM)
from operating commercial motor vehicles (CMVs) in interstate commerce
for 90 individuals. 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.
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 W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5:00 p.m.
Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
I. Electronic Access
You may submit comments using the following Federal Docket
Management System (FDMS) Docket Nos. discussed in this notice 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: 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 numbers for this notice. Note that all comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
Docket: For access to the docket to read background documents or
comments, go to 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: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these
[[Page 42053]]
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 November 6, 2015, FMCSA published a notice of intent to renew
the exemptions of drivers who have previously held exemptions, and
requested comments from the public (80 FR 68895). The 90 individuals
have held exemptions from the Agency's rule prohibiting persons with
ITDM from operating CMVs in interstate commerce.
Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption in
49 CFR 391.41(b)(3), which applies to drivers of CMVs in interstate
commerce, for a two-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
procedures for requesting an exemption (including renewals) are set out
in 49 CFR part 381.
III. Request for Comments
Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver. FMCSA encourages you to participate by
submitting comments and related materials.
IV. Basis for Renewing Exemptions
This notice addresses 90 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 90 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period.
In accordance with 49 U.S.C. 31136(e) and 31315, the following
groups of drivers received renewed exemptions in the month of November
and are discussed below.
As of November 1, 2015 the following 17 individuals have satisfied
conditions for obtaining a renewed exemption from the rule prohibiting
drivers with ITDM from driving CMVs in interstate commerce (78 FR
50482; 78 FR 65754; 80 FR 68895):
John K. Abels (IL)
Dean A. Bacon (IN)
Philip E. Banks (OH)
Anthony M. Bride (NJ)
Charles E. Dailey (AL)
Kenneth D. Denny (WA)
Adam M. Hogue (MS)
Allen D. LaFave (ND)
Greg P. Mason (NY)
Thomas D. Miller (MT)
Douglas A. Mulligan (KY)
David G. Peters (PA)
Robert J. Rispoli, Jr. (NY)
Mike P. Senn (MN)
Hames H. Suttles (AL)
Gregory F. Wendt (NE)
Michael J. Wickstrom (MI)
The drivers were included in Docket No. FMCSA-2013-0183. Their
exemptions are effective as of November 1, 2015 and will expire on
November 1, 2017.
As of November 6, 2015, the following individual, George J. Ehnot
(PA), has satisfied the renewal conditions for obtaining an exemption
from the rule prohibiting drivers with ITDM from driving CMVs in
interstate commerce (78 FR 56988; 78 FR 67459; 80 FR 68895).
The driver was included in Docket No. FMCSA-2013-0186. The
exemption is effective as of November 6, 2015 and will expire on
November 6, 2017.
As of November 9, 2015, the following 11 individuals have satisfied
the renewal conditions for obtaining an exemption from the rule
prohibiting drivers with ITDM from driviing CMVs in interstate
commerce. (78 FR 55460; 78 FR 69795; 80 FR 68895):
Mark A. Blanton (IN)
Howard T. Cash (IL)
Heath J. Chesser (AL)
Kevin F. Connacher (PA)
Darryl A. Daniels (OH)
Carrie L. Frisby (CA)
Dean M. Keeven (MI)
Christopher A. Labudde (IL)
Brian A. Mankowski (IL)
Robert E. Welling (OH)
Keith Weymouth (ME)
The drivers were included in Docket No. FMCSA-2011-0193. Their
exemptions are effective as of November 9, 2015 and will expire on
November 9, 2017. As of November 12, 2015, the following 24 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 56988; 78 FR 67459; 80 FR 68895):
Charles E. Andersen (MN)
Philip B. Blythe (IL)
Ryan T. Byndas (AZ)
Winfred G. Clemenson (WA)
Michael C. Crewse (IL)
James D. Crosson, Jr. (MN)
Bruce E. Feltenbarger (MI)
Charles A. Fleming (VA)
Brian W. Hannah (UT)
Michael P. Huck (MI)
Van K. Jarrett (KY)
Keith W. Lewis (MO)
Eugene M. Mikell (NH)
Ronny J. Moreau (NH)
James M. O'Rourke (MA)
Joshua T. Paumer (MT)
Vladimir B. Petkov (MO)
Luther S. Pickell (KS)
Robert J. Pulliam (AZ)
Andrew W. Sprester (ND)
Vincent J. Terrizzi, Sr. (PA)
Daniel C. Theis (FL)
Richard A. White (TN)
Mark A. Winning (IL)
The drivers were included in Docket No. FMCSA-2013-0186. Their
exemptions are effective as of November 12, 2015 and will expire on
November 12, 2017.
As of November 16, 2015, the following 13 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 61140; 76 FR 71111; 80 FR 68895):
Mark D. Andersen (IA)
David A. Basher (MA)
Brian H. Berthiaume (VT)
Eric D. Blocker, Sr. (NC)
Berry W. Campbell (WI)
Raymond A. Jack (WA)
Quency T. Johnson (WI)
Kenny B. Keels, Jr. (SC)
Jason M. Pritchett (MI)
Steven R. Sibert (MN)
Cassie J. Silbernagel (SD)
Lewis B. Taylor (IL)
James A. Terilli (NY)
The drivers were included in Docket No. FMCSA-2011-0194. Their
exemptions are effective as of November 16, 2015 and will expire on
November 16, 2017.
As of November 19, 2015, the following individual, Marshall H.
Evans (IL), has satisfied the renewal conditions for obtaining an
exemption from the rule prohibiting drivers with ITDM from driving CMVs
in interstate commerce (76 FR 63280; 76 FR 76398; 80 FR 68895).
The driver was included in Docket No. FMCSA-2013-0188. The
exemption is effective as of November 19, 2015 and will expire on
November 19, 2017.
As of November 20, 2015, the following 22 individuals have
satisfied the renewal conditions for obtaining an exemption from the
rule prohibiting
[[Page 42054]]
drivers with ITDM from driving CMVs in interstate commerce (71 FR
58464; 71 FR 67201; 80 FR 68895):
John N. Anderson (MN)
Allan C. Boyum (MN)
Terry L. Brantley (NC)
Steven E. Brechting (MI)
Scott A. Carlson (WI)
Joseph L. Coggins (SC)
Stephanie D. Fry (WY)
Robert W. Gaultney, Jr. (MD)
Paul T. Kubish (WI)
David M. Levy (NY)
Sterling C. Madsen (UT)
David F. Morin (CA)
Jeffrey J. Morinelli (NE)
Ronald D. Murphy (WV)
Charles B. Page (PA)
John A. Remaklus (OH)
Michael D. Schooler (IN)
Arthur L. Stapleton, Jr. (OH)
Carolyn J. Taylor (IN)
Jeffrey M. Thew (WA)
Barney J. Wade (MS)
Dennis D. Wade (IL)
The drivers were included in Docket No. FMCSA-2006-2575. Their
exemptions are effective as of November 20, 2015 and will expire on
November 20, 2017.
As of November 22, 2015, the following individual, Steven R. Auger
(NH), has satisfied the renewal conditions for obtaining an exemption
from the rule prohibiting drivers with ITDM from driving CMVs in
interstate commerce (76 FR 63295; 76 FR 76400; 80 FR 68895).
The driver was included in Docket No. FMCSA-2013-0189. The
exemption is effective as of November 22, 2015 and will expire on
November 22, 2017.
Each of these 90 drivers 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
90 drivers for a period of two years is likely to achieve a level of
safety equal to that existing without the exemption.
V. Conditions and Requirements
The exemptions are extended 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. Each exemption will be valid for two years unless rescinded
earlier by FMCSA. The exemption will be rescinded if: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315.
VI. Conclusion
Based upon its evaluation of the 90 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the rule
prohibiting drivers with ITDM from driving CMVs in interstate commerce
in 49 CFR 391.64(3).
In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for 2 years unless revoked earlier by FMCSA. The
exemption will be revoked if: (1) The person fails to comply with the
terms and conditions of the exemption; (2) the exemption has resulted
in a lower level of safety than was maintained before it was granted;
or (3) continuation of the exemption would not be consistent with the
goals and objectives of 49 U.S.C. 31136 and 31315.
If the exemption is still effective at the end of the 2-year period
and the drivers remain in good standing with the program, have
maintained their required medical monitoring, and have not exhibited
any medical issues that would compromise their ability to safely
operate a CMV, they are eligible to receive a renewal from FMCSA under
procedures in effect at that time.
Issued on: June 20, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-15222 Filed 6-27-16; 8:45 am]
BILLING CODE 4910-EX-P
