Qualification of Drivers; Exemption Applications; Diabetes, 72658-72661 [2016-25389]

Download as PDF 72658 Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Missouri. Kevin A. Warren Mr. Warren, 58, has had ITDM since 2014. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Warren understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Warren meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Ohio. Kevin L. Wendt Mr. Wendt, 56, has had ITDM since 2005. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Wendt understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Wendt meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Wyoming. mstockstill on DSK3G9T082PROD with NOTICES III. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the date section of the notice. FMCSA notes that section 4129 of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users requires the Secretary to revise its diabetes exemption program established on September 3, 2003 (68 FR VerDate Sep<11>2014 16:40 Oct 19, 2016 Jkt 241001 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 http://www.regulations.gov and in the search box insert the docket number FMCSA–2016–0222 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. PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 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 http://www.regulations.gov and in the search box insert the docket number FMCSA–2016–0222 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to this notice. Issued on: October 14, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–25378 Filed 10–19–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2010–0288; FMCSA– 2012–0281; FMCSA–2014–0306; FMCSA– 2014–0307] 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 71 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 E:\FR\FM\20OCN1.SGM 20OCN1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices stated in the discussions below. Comments must be received on or before November 21, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. FMCSA–2010–0288; FMCSA–2012– 0281; FMCSA–2014–0306; FMCSA– 2014–0307, 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 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, VerDate Sep<11>2014 16:40 Oct 19, 2016 Jkt 241001 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 71 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 71 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. These 71 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 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 72659 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 November and are discussed below. As of November 1, 2016, 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. (79 FR 59351; 79 FR 77082): Noe D. Aguilar (CA) David N. Banks (NC) Wayne W. Best (PA) Gregory K. Blythe (IL) Justin M. Brown (MT) Clayton G. Hardwick (KY) Audie C. Holton (GA) John F. Kincaid (IL) Craig T. LaPresti (PA) Lester M. Lee, Jr. (GA) Aretha Lewis (VA) Marvin D. Mathis (NC) Brian M. McFadden (MA) Sean K. Myhand (GA) Glen R. Parry (NM) George E. Patton (AL) Michael J. Ramey (CO) Richard J. Rasmussen (NE) Mark L. Rigby (UT) Jeffrey K. Roberts (WI) Marvin A. Ryan (IN) Eric R. Storm (GA) Daniel A. Swain (TX) Sean P. Thomas (IN) Glenn R. Tyrrell (MN) Lewis W. Vaught Jr. (NC) William L. Wiltrout (PA) The drivers were included in Docket No. FMCSA–2014–0306. Their exemptions are effective as of November 1, 2016 and will expire on November 1, 2018. As of November 16, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 14 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce. (75 FR 59788; 75 FR 70077): Shale W. Anderson (FL) E:\FR\FM\20OCN1.SGM 20OCN1 mstockstill on DSK3G9T082PROD with NOTICES 72660 Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices Charles L. Arnburg (IA) Ronald D. Ayers (WV) Garrett D. Couch (MI) Mark W. Garver (MN) Donald S. Keller (MI) Jason M. Luper (MO) Harold L. Phillips (OK) Heath A. Senkel (TX) Roland R. Unruh (KS) Norman J. VanTuyle II (MI) John M. Warden (TX) Donald E. Weadon (MD) Douglas W. Williams (TN) The drivers were included in Docket No. FMCSA–2010–0288. Their exemptions are effective as of November 16, 2016 and will expire on November 16, 2018. As of November 22, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 21 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce. (79 FR 63214; 80 FR 1070): Jeffrey S. Argabright (OH) James L. Crane (MS) Donald L. Feltman (MN) Benjamin T. Filip (ND) Harold L. Gomez (LA) Arthur M. Gonzalez (TX) William T. Jensen (NJ) Robert W. Johnson, Sr. (NY) Joseph J. Karas (NJ) Randy C. Lee (NY) John R. Miller II (OR) Robert A. Nicolai (MO) William P. Pearson, II (WI) Alan M. Primus (IA) Danny L. Reimers (NM) Michael L. Reynolds (NC) Samuel H. Schmidt (MN) Timothy W. Selk (AK) Dennis J. Stanley (WI) Steven M. Weimer (PA) Michael L. Westbury (SC) The drivers were included in Docket No. FMCSA–2014–0307. Their exemptions are effective as of November 22, 2016 and will expire on November 22, 2018. As of November 26, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 9 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 59447; 77 FR 70529): Charles E. Castle (OH) Larry W. Dearing (IN) Bradley E. DeWitt (WA) Leonard R. Dobosenski (MN) Michael L. Kiefer (SD) Marcus J. Kyle (IA) Robert C. Moore (PA) Jedediaha C. Record (WY) VerDate Sep<11>2014 16:40 Oct 19, 2016 Jkt 241001 Jessie L. Webster (KY) The drivers were included in Docket No. FMCSA–2012–0281. Their exemptions are effective as of November 26, 2016 and will expire on November 26, 2018. Each of the 71 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 71 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– 2010–0288; FMCSA–2012–0281; FMCSA–2014–0306; FMCSA–2014– 0307. 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 November 21, 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 71 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. PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 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–2010–0288; FMCSA–2012– 0281; FMCSA–2014–0306; FMCSA– 2014–0307 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, self-addressed 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. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, go to http://www.regulations.gov and in the search box insert the docket number FMCSA–2010–0288; FMCSA–2012– 0281; FMCSA–2014–0306; FMCSA– 2014–0307 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to this notice. E:\FR\FM\20OCN1.SGM 20OCN1 Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices Issued on: October 14, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–25389 Filed 10–19–16; 8:45 am] as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at http://www.dot.gov/ privacy. BILLING CODE 4910–EX–P II. Background DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2016–0009] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. SUMMARY: mstockstill on DSK3G9T082PROD with NOTICES FMCSA announces its decision to deny applications from 11 individuals who requested an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) prohibiting persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to operate a commercial motor vehicle (CMV) from operating CMVs in interstate commerce. FOR FURTHER INFORMATION CONTACT: Ms. 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 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: I. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: http:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov and/or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, VerDate Sep<11>2014 16:40 Oct 19, 2016 Jkt 241001 FMCSA received applications from 11 individuals who requested an exemption from the FMCSRs prohibiting persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to operate a CMV from operating CMVs in interstate commerce. FMCSA has evaluated the eligibility of these applicants and concluded that granting these exemptions would not provide a level of safety that would be equivalent to or greater than, the level of safety that would be obtained by complying with the regulation 49 CFR 391.41(b)(8). III. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for two years if it finds ‘‘such an exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such an exemption.’’ The Agency’s decision regarding these exemption applications is based on the eligibility criteria, the terms and conditions for Federal exemptions, and an individualized assessment of each applicant’s medical information provided by the applicant. IV. Conclusion The Agency has determined that these applicants do not satisfy the criteria eligibility or meet the terms and conditions for a Federal exemption and granting these exemptions would not provide a level of safety that would be equivalent to or greater than, the level of safety that would be obtained by complying with the regulation 49 CFR 391.41(b)(8). Therefore, the 11 applicants in this notice have been denied exemptions from the physical qualification standards in 49 CFR 391.41(b)(8). Each applicant has, prior to this notice, received a letter of final disposition regarding his/her exemption request. Those decision letters fully outlined the basis for the denial and constitutes final action by the Agency. This notice summarizes the Agency’s recent denials as required under 49 U.S.C. 31315(b)(4) by periodically publishing names and reasons for denial. The following 11 applicants do not meet the minimum time requirement for PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 72661 being seizure-free, either on or off of anti-seizure medication: Cody Cousins (AK) Robin Harrison (UT) Elvis Hill (VA) Jimmie Michael, Jr. (NC) Eric Scott (NY) Cody Skalon (IL) Terry Thomas (WV) Ryan Travis (IL) Justin Wells (IL) Paul Whitby (MD) Salvatore Zeuner Jr. (NJ) Issued on: October 12, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–25386 Filed 10–19–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2016–0353] Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillators AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption; request for comments. SUMMARY: FMCSA announces receipt of applications from three individuals for exemptions from the rules prohibiting operation of a commercial motor vehicle (CMV) by persons with a current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive heart failure. If granted, the exemptions would enable these individuals to operate CMVs for up to two years in interstate commerce. DATES: Comments must be received on or before November 21, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2016–0353 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov. Follow the online instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., E:\FR\FM\20OCN1.SGM 20OCN1

Agencies

[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Notices]
[Pages 72658-72661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25389]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0288; FMCSA-2012-0281; FMCSA-2014-0306; FMCSA-
2014-0307]


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 71 
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

[[Page 72659]]

stated in the discussions below. Comments must be received on or before 
November 21, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. FMCSA-2010-0288; FMCSA-
2012-0281; FMCSA-2014-0306; FMCSA-2014-0307, 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 71 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 71 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. These 71 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 November and are 
discussed below.
    As of November 1, 2016, 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. (79 FR 59351; 79 FR 
77082):

Noe D. Aguilar (CA)
David N. Banks (NC)
Wayne W. Best (PA)
Gregory K. Blythe (IL)
Justin M. Brown (MT)
Clayton G. Hardwick (KY)
Audie C. Holton (GA)
John F. Kincaid (IL)
Craig T. LaPresti (PA)
Lester M. Lee, Jr. (GA)
Aretha Lewis (VA)
Marvin D. Mathis (NC)
Brian M. McFadden (MA)
Sean K. Myhand (GA)
Glen R. Parry (NM)
George E. Patton (AL)
Michael J. Ramey (CO)
Richard J. Rasmussen (NE)
Mark L. Rigby (UT)
Jeffrey K. Roberts (WI)
Marvin A. Ryan (IN)
Eric R. Storm (GA)
Daniel A. Swain (TX)
Sean P. Thomas (IN)
Glenn R. Tyrrell (MN)
Lewis W. Vaught Jr. (NC)
William L. Wiltrout (PA)

    The drivers were included in Docket No. FMCSA-2014-0306. Their 
exemptions are effective as of November 1, 2016 and will expire on 
November 1, 2018.
    As of November 16, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 14 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce. (75 FR 59788; 75 FR 
70077):

Shale W. Anderson (FL)

[[Page 72660]]

Charles L. Arnburg (IA)
Ronald D. Ayers (WV)
Garrett D. Couch (MI)
Mark W. Garver (MN)
Donald S. Keller (MI)
Jason M. Luper (MO)
Harold L. Phillips (OK)
Heath A. Senkel (TX)
Roland R. Unruh (KS)
Norman J. VanTuyle II (MI)
John M. Warden (TX)
Donald E. Weadon (MD)
Douglas W. Williams (TN)

    The drivers were included in Docket No. FMCSA-2010-0288. Their 
exemptions are effective as of November 16, 2016 and will expire on 
November 16, 2018.
    As of November 22, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 21 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce. (79 FR 63214; 80 FR 
1070):

Jeffrey S. Argabright (OH)
James L. Crane (MS)
Donald L. Feltman (MN)
Benjamin T. Filip (ND)
Harold L. Gomez (LA)
Arthur M. Gonzalez (TX)
William T. Jensen (NJ)
Robert W. Johnson, Sr. (NY)
Joseph J. Karas (NJ)
Randy C. Lee (NY)
John R. Miller II (OR)
Robert A. Nicolai (MO)
William P. Pearson, II (WI)
Alan M. Primus (IA)
Danny L. Reimers (NM)
Michael L. Reynolds (NC)
Samuel H. Schmidt (MN)
Timothy W. Selk (AK)
Dennis J. Stanley (WI)
Steven M. Weimer (PA)
Michael L. Westbury (SC)

    The drivers were included in Docket No. FMCSA-2014-0307. Their 
exemptions are effective as of November 22, 2016 and will expire on 
November 22, 2018.
    As of November 26, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 9 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 59447; 77 FR 
70529):

Charles E. Castle (OH)
Larry W. Dearing (IN)
Bradley E. DeWitt (WA)
Leonard R. Dobosenski (MN)
Michael L. Kiefer (SD)
Marcus J. Kyle (IA)
Robert C. Moore (PA)
Jedediaha C. Record (WY)
Jessie L. Webster (KY)

    The drivers were included in Docket No. FMCSA-2012-0281. Their 
exemptions are effective as of November 26, 2016 and will expire on 
November 26, 2018.
    Each of the 71 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 
71 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-2010-0288; FMCSA-2012-0281; FMCSA-
2014-0306; FMCSA-2014-0307.

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 November 21, 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 71 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-2010-0288; FMCSA-
2012-0281; FMCSA-2014-0306; FMCSA-2014-0307 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. FMCSA may issue a final determination 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, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2010-0288; FMCSA-2012-0281; FMCSA-2014-0306; 
FMCSA-2014-0307 and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to this 
notice.


[[Page 72661]]


    Issued on: October 14, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-25389 Filed 10-19-16; 8:45 am]
 BILLING CODE 4910-EX-P