Qualification of Drivers; Exemption Applications; Diabetes, 81235-81236 [2016-27646]

Download as PDF Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices supportive of Mr. Moody receiving an exemption. Tye Moore Mr. Moore is a 50 year-old driver in Indiana. He has a history of a seizure disorder and his last seizure was in 1984. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Moore receiving an exemption. Jack D. Porcellini Mr. Porcellini is a 26 year-old driver in Pennsylvania. He has a history of a seizure disorder and his last seizure was in 2003. He discontinued anti-seizure medication in 2008. His physician states that he is supportive of Mr. Porcellini receiving an exemption. Jeffrey C. Rathman Mr. Rathman is a 47 year-old driver in Colorado. He has a history of a seizure disorder and his last seizure was in 1999. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Rathman receiving an exemption. Douglas Joseph Simms Jr. Mr. Simms is a 48 year-old class B CDL holder in North Carolina. He has a history of a single seizure in 1990. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Simms receiving an exemption. Tara Van Horne Ms. Van Horne is a 38 year-old driver in Pennsylvania. She has a history of a seizure disorder and her last seizure was in 1998. She takes anti-seizure medication with the dosage and frequency remaining the same since that time. Her physician states that he is supportive of Ms. Van Horne receiving an exemption. asabaliauskas on DSK3SPTVN1PROD 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 dates section of the notice. IV. Submitting Comments 21:24 Nov 16, 2016 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–2016–0008 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to this notice. Issued on: November 8, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–27651 Filed 11–16–16; 8:45 am] BILLING CODE 4910–EX–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 final disposition. AGENCY: FMCSA announces its decision to renew exemptions of 36 individuals from its prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus SUMMARY: 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 VerDate Sep<11>2014 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–2016–0008’’ 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 materials received during the comment period. FMCSA may issue a final determination any time after the close of the comment period. Jkt 241001 PO 00000 Frm 00183 Fmt 4703 Sfmt 4703 81235 (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals with ITDM to continue to operate CMVs in interstate commerce. DATES: Each group of renewed exemptions were effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, 202–366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64– 224, Washington, DC 20590–0001. Office hours are from 8 a.m. to 5:30 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: http:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov and/or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at http://www.dot.gov/ privacy. II. Background On January 11, 2016, FMCSA published a notice announcing its decision to renew exemptions for 36 individuals from the insulin-treated diabetes mellitus prohibition in 49 CFR 391.41(b)(3) to operate a CMV in interstate commerce and requested comments from the public (80 FR 74196). The public comment period ended on February 10, 2016 and no comments were received. As stated in the previous notice, FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions would E:\FR\FM\17NON1.SGM 17NON1 81236 Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices achieve a level of safety equivalent to or greater than the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(3). The physical qualification standard for drivers regarding diabetes found in 49 CFR 391.41(b)(3) states that a person is physically qualified to drive a CMV if that person has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control. III. Discussion of Comments FMCSA received no comments in this preceding. asabaliauskas on DSK3SPTVN1PROD with NOTICES IV. Conclusion Based upon its evaluation of the 36 renewal exemption applications and that no comments were received, FMCSA confirms its decision to exempt the following drivers from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce in 49 CFR 391.64(3): As of 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; 81 FR 1281): 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; 81 FR 1281): 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 31315, the following individual, Guy B. Mayes (WA) has satisfied the renewal VerDate Sep<11>2014 21:24 Nov 16, 2016 Jkt 241001 conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (78 FR 78479; 79 FR 13086; 81 FR 1281). 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; 81 FR 1281): 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; 81 FR 1281): 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; 81 FR 1281). The driver was included in Docket No. FMCSA–2013–0192. The exemption PO 00000 Frm 00184 Fmt 4703 Sfmt 4703 is effective as of February 27, 2016, and will expire on February 27, 2018. In accordance with 49 U.S.C. 31315, each exemption will be valid for two years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. Issued on: November 8, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–27646 Filed 11–16–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2016–0211] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. AGENCY: FMCSA announces its denial of 84 applications from individuals who requested an exemption from the Federal vision standard applicable to interstate truck and bus drivers and the reasons for the denials. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions does not provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. 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– 113, Washington, DC 20590–0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: SUMMARY: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from E:\FR\FM\17NON1.SGM 17NON1

Agencies

[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Pages 81235-81236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27646]


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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 final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions of 36 
individuals from its prohibition in the Federal Motor Carrier Safety 
Regulations (FMCSRs) against persons with insulin-treated diabetes 
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in 
interstate commerce. The exemptions enable these individuals with ITDM 
to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions were effective on the dates 
stated in the discussions below and will expire on the dates stated in 
the discussions below.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, 202-366-4001, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m., 
e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

II. Background

    On January 11, 2016, FMCSA published a notice announcing its 
decision to renew exemptions for 36 individuals from the insulin-
treated diabetes mellitus prohibition in 49 CFR 391.41(b)(3) to operate 
a CMV in interstate commerce and requested comments from the public (80 
FR 74196). The public comment period ended on February 10, 2016 and no 
comments were received.
    As stated in the previous notice, FMCSA has evaluated the 
eligibility of these applicants and determined that renewing these 
exemptions would

[[Page 81236]]

achieve a level of safety equivalent to or greater than the level that 
would be achieved by complying with the current regulation 49 CFR 
391.41(b)(3).
    The physical qualification standard for drivers regarding diabetes 
found in 49 CFR 391.41(b)(3) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of diabetes mellitus currently requiring 
insulin for control.

III. Discussion of Comments

    FMCSA received no comments in this preceding.

IV. Conclusion

    Based upon its evaluation of the 36 renewal exemption applications 
and that no comments were received, FMCSA confirms its decision to 
exempt the following drivers from the rule prohibiting drivers with 
ITDM from driving CMVs in interstate commerce in 49 CFR 391.64(3):
    As of 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; 81 FR 1281):

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; 81 FR 1281):

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 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; 81 FR 1281).
    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; 81 FR 1281):

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; 81 FR 1281):

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; 81 FR 1281).
    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.
    In accordance with 49 U.S.C. 31315, each exemption will be valid 
for two years from the effective date unless revoked earlier by FMCSA. 
The exemption will be revoked if the following occurs: (1) The person 
fails to comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
prior to being granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136 and 
31315.

    Issued on: November 8, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-27646 Filed 11-16-16; 8:45 am]
BILLING CODE 4910-EX-P