Qualification of Drivers; Exemption Applications; Diabetes, 91242-91245 [2016-30281]
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Joe W. Brewer (SC)
James W. Ellis, 4th (NJ)
David A. Inman (IN)
Lawrence C. Moody (NJ)
Stanley W. Nunn (TN)
Kevin R. Stoner (PA)
The drivers were included in one of
the following dockets: Docket No.
FMCSA–2002–11714. Their exemptions
are effective as of May 30, 2016 and will
expire on May 30, 2018.
Each of the 131 applicants listed in
the groups above has requested renewal
of the exemption and has submitted
evidence showing that the vision in the
better eye continues to meet the
requirement specified at 49 CFR
391.41(b)(10) and that the vision
impairment is stable. In addition, a
review of each record of safety while
driving with the respective vision
deficiencies over the past two years
indicates each applicant continues to
meet the vision exemption
requirements.
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 renewal applicant for a period
of two years is likely to achieve a level
of safety equal to that existing without
the exemption.
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 January 17,
2017.
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 131
individuals from the vision requirement
in 49 CFR 391.41(b)(10). 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 qualifications, experience,
and medical condition of each applicant
for an exemption from the vision
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requirements. That information is
available by consulting the above cited
Federal Register publications.
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will
take immediate steps to revoke the
exemption of a driver.
Submitting Comments
You may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket numbers
FMCSA–1999–6480; FMCSA–2001–
11426; FMCSA–2002–11714; FMCSA–
2002–12844; FMCSA–2003–16564;
FMCSA–2004–19477; FMCSA–2005–
21711; FMCSA–2005–22727; FMCSA–
2005–23099; FMCSA–2006–23773;
FMCSA–2006–24015; FMCSA–2008–
0021; FMCSA–2009–0011; FMCSA–
2009–0303; FMCSA–2009–0321;
FMCSA–2010–0050; FMCSA–2011–
0142; FMCSA–2011–0299; FMCSA–
2011–0366; FMCSA–2011–0379;
FMCSA–2011–0380; FMCSA–2012–
0039; FMCSA–2013–0174; FMCSA–
2014–0002; FMCSA–2014–0003;
FMCSA–2014–0004 and click the search
button. When the new screen appears,
click on the blue ‘‘Comment Now!’’
button on the right hand side of the
page. On the new page, enter
information required including the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope.
We will consider all comments and
material received during the comment
period. FMCSA may issue a final rule at
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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 https://www.regulations.gov and in
the search box insert the docket number
FMCSA–1999–6480; FMCSA–2001–
11426; FMCSA–2002–11714; FMCSA–
2002–12844; FMCSA–2003–16564;
FMCSA–2004–19477; FMCSA–2005–
21711; FMCSA–2005–22727; FMCSA–
2005–23099; FMCSA–2006–23773;
FMCSA–2006–24015; FMCSA–2008–
0021; FMCSA–2009–0011; FMCSA–
2009–0303; FMCSA–2009–0321;
FMCSA–2010–0050; FMCSA–2011–
0142; FMCSA–2011–0299; FMCSA–
2011–0366; FMCSA–2011–0379;
FMCSA–2011–0380; FMCSA–2012–
0039; FMCSA–2013–0174; FMCSA–
2014–0002; FMCSA–2014–0003;
FMCSA–2014–0004 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
Issued on: December 2, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–30286 Filed 12–15–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2006–24210; FMCSA–
2010–0162; FMCSA–2012–0162; FMCSA–
2012–0163; FMCSA–2014–0018]
Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
FMCSA announces its
decision to renew the exemptions of 125
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
SUMMARY:
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stated in the discussions below.
Comments must be received on or
before January 17, 2017.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
FMCSA–2006–24210; FMCSA–2010–
0162; FMCSA–2012–0162; FMCSA–
2012–0163; FMCSA–2014–0018, using
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket number for this notice. Note that
DOT posts all comments received
without change to https://
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time or
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The
Federal Docket Management System
(FDMS) is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or of the person signing the
comment, if submitted on behalf of an
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: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, 202–366–4001,
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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 125 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 2year exemption period.
Exemption Decision
This notice addresses 125 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. These 125 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
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91243
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
August and are discussed below.
As of August 6, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 10 individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce.
(77 FR 36333; 77 FR 46791):
Bruce R. Bennett (MN)
Stephen W. Best (PA)
Steven D. Hancock (IN)
Michael A. Hendrickson (OR)
James B. Hills (KS)
Charles Keegan, Jr. (NJ)
Londell W. Luther (MD)
Darrell L. Meadows (TX)
Allyn E. Smith (SD)
Jason R. Zeorian (NE)
The drivers were included in Docket
No. FMCSA–2012–0162. Their
exemptions are effective as of August 6,
2016 and will expire on August 6, 2018.
As of August 8, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 26 individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce.
(71 FR 32177; 71 FR 45097):
Scott R. Anderson (WI)
Robert R. Chase (NE)
Todd A. Dean (WV)
Dale R. Gansz (IL)
Donald W. Havourd, Sr. (CT)
Jeffrey M. King (OR)
Milton A. Klise (OH)
Jeffrey S. Knight (WA)
Edward V. Kruse (IA)
Lee P. Lembke (WI)
Dominick T. Mastroni (KS)
Ronald S. Mavilla (PA)
Derril W. Nunnally (GA)
Robert L. Pfugler, Jr. (PA)
Ronald B. Purdum (IL)
Wilbert C. Rasely, Jr. (PA)
Ron R. Rawson (AZ)
Duance C. Rieger (ND)
Gregory A. Rigg (MI)
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Vernon L. Small (CO)
Walter D. Stowman (NJ)
Antonino S. Vita (NY)
Henry B. Walker-Waltz (OR)
Arthur C. Webber (PA)
Scott A. Wertz (ND)
Danny R. Wood (MO)
The drivers were included in Docket
No. FMCSA–2006–24210. Their
exemptions are effective as of August 8,
2016, and will expire on August 8, 2018.
As of August 17, 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.
(75 FR 36775; 75 FR 50797):
Gary L. Alexander (MO)
Daniel E. Bergstresser (NY)
Stephen F. Clendenin (NY)
Donald P. Dean (MI)
Pradip B. Desai (PA)
Howard M. Galton (IL)
Steve Gumienny (CA)
Brian M. Katayama (CA)
Hubert S. Paxton (KY)
The drivers were included in Docket
No. FMCSA–2010–0162. Their
exemptions are effective as of August
17, 2016, and will expire on August 17,
2018.
As of August 19, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 67 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 41723; 79 FR 56105):
Charles Ackerman Jr. (NJ)
William J. Applebee (WI)
Benjamin L. Baxter (MI)
Stephen M. Berggren (MN)
Robert A. Boyle (ID)
Patrick J. Burns (MN)
Robert L. Caudill (OH)
Charles R. Cran (WI)
John W. Crook Jr. (IA)
Kevin W. Elder (NC)
Michael J. Eldridge, Sr. (IA)
Johnathon C. Ely (IN)
Kevin D. Erickson (WI)
Joby E. Foshee, IV (MS)
Lawrence H. Fox (NH)
Troy C. Frank (NE)
Robert T. Frankfurter (CO)
Dale A. Godejohn (ND)
Robert R. Gonzales (CA)
Norman D. Groves (MO)
Kenneth F. Gwaltney (IN)
Mathew R. Hale (KS)
Donald K. Hamilton (FL)
John L. Holtzclaw (MO)
Christopher H. Horn (NH)
Jared E. Hubbard (TX)
Roger C. Hulce (VT)
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Kip J. Kauffman (WI)
Christopher J. Kittoe (WI)
Joshua L. Kroetch (MN)
Wesley S. Langham (IL)
Andrew K. Lofton (AL)
Salvador Lopez (AZ)
Joseph M. Macias (NM)
Robert J. Marino (NJ)
David J. McCoy (UT)
William E. Medlin (MN)
Anthony J. Miller (MN)
Carlos A. Napoles, Jr. (NJ)
Kathryn J. Nelms (KS)
Antonio C. Oliveira (PA)
Christopher P. Overton (IL)
Ronald E. Patrick (IN)
Stephen J. Pelton (PA)
Bryant S. Perry (NC)
Kenneth R. Perschon (IL)
Joseph R. Polhamus (LA)
Brian K. Rajkovich (CA)
Joseph E. Resetar (NJ)
Rodney B. Roberts (MS)
Arlan M. Roesler (WI)
Mark J. Rone (IL)
Barry J. Sanderson (MT)
John J. Steigauf (MN)
Berton W. Stroup (PA)
Ronnie P. Thomas (TN)
William L. Thompson (MN)
Juan A. Villanueva (TX)
Robert D. Watts (TX)
Cindy L. Wells (NY)
Charles W. White (IN)
Herman D. Whitehurst (AR)
Michael G. Worl (MT)
Tommy W. Wornick (TX)
Robert T. Yeftich (IN)
Alan C. Yeomans (CT)
Chad C. Yerkey (PA)
The drivers were included in Docket
No. FMCSA–2014–0018. Their
exemptions are effective as of August
19, 2016, and will expire on August 19,
2018.
As of August 27, 2016, and in
accordance with 49 U.S.C. 31136(e) and
31315, 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.
(77 FR 40941; 77 FR 51845):
Randall W. Amtower (WV)
Steven Brickey (CO)
Ronald K. Coleman (KY)
Randall L. Corrick (ND)
Raymond G. Gravesandy (NY)
John T. Green (TX)
Gregory M. Harris (TX)
Kelly M. Keller (ND)
Joseph L. Miska (MN)
Susan L. Mosel (WI)
Jacob D. Oxford (ID)
Robert D. Regavich (NJ)
Ramon I. Zamora-Ortiz (WA)
The drivers were included in Docket
No. FMCSA–2012–0163. Their
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exemptions are effective as of August
27, 2016, and will expire on August 27,
2018.
Each of the 125 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 125 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–
2006–24210; FMCSA–2010–0162;
FMCSA–2012–0162; FMCSA–2012–
0163; FMCSA–2014–0018.
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 January 17,
2017.
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 125
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
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Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices
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.
Issued on: December 2, 2016.
Larry W. Minor,
Associate Administrator for Policy.
Submitting Comments
Notice of Application for Approval of
Discontinuance or Modification of a
Railroad Signal System
You may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket numbers
FMCSA–2006–24210; FMCSA–2010–
0162; FMCSA–2012–0162; FMCSA–
2012–0163; FMCSA–2014–0018 and
click the search button. When the new
screen appears, click on the blue
‘‘Comment Now!’’ button on the right
hand side of the page. On the new page,
enter information required including the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope.
We will consider all comments and
material received during the comment
period. FMCSA may issue a final
determination at any time after the close
of the comment period.
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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–2006–24210; FMCSA–2010–
0162; FMCSA–2012–0162; FMCSA–
2012–0163; FMCSA–2014–0018 and
click ‘‘Search.’’ Next, click ‘‘Open
Docket Folder’’ and you will find all
documents and comments related to this
notice.
VerDate Sep<11>2014
18:42 Dec 15, 2016
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[FR Doc. 2016–30281 Filed 12–15–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2016–0117]
In accordance with part 235 of Title
49 of the Code of Federal Regulations
(CFR) and 49 U.S.C. 20502(a), this
document provides the public notice
that by a document dated November 28,
2016, CSX Transportation (CSX)
petitioned the Federal Railroad
Administration (FRA) seeking approval
for the discontinuance or modification
of a signal system. FRA assigned the
petition Docket Number FRA–2016–
0117.
Applicant: CSX Transportation, Mr.
Jody Cox, Chief Engineer,
Communications & Signals, 500 Water
Street, Speed Code J—350, Jacksonville,
FL 32202.
CSX seeks approval of the
discontinuance of the signal system
between Milepost (MP) DC32.7 end of
track (EOT), and MP DC37.1, Madison
Street, on the Altenheim Subdivision,
Chicago Division, Chicago, IL.
Presently, CSX current of traffic (COT)
509 Rules and yard limit-signaled (YL–
S) 508 Rules are in effect between
Madison Street MP-DC37.1 and EOT
near MP–DC–30.0 on all tracks. It is
proposed to retire COT 509 and YL–S
508 Rules on all tracks and operate
under Main Track Yard Limits YL 507
Rules.
The reason given for the proposed
discontinuance is that the signal system,
COT 509 Rules, and YL–S 508 Rules are
no longer needed for present day
operation.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
the U. S. Department of Transportation’s
Docket Operations Facility, 1200 New
Jersey Avenue SE., W12–140,
Washington, DC 20590. The Docket
Operations Facility is open from 9 a.m.
to 5 p.m., Monday through Friday,
except Federal Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
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91245
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Web site: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
US Department of Transportation, 1200
New Jersey Avenue SE., W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue SE., Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by January
30, 2017 will be considered by FRA
before final action is taken. Comments
received after that date will be
considered as far as practicable.
Anyone is able to search the
electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). In
accordance with 5 U.S.C. 553(c), DOT
solicits comments from the public to
better inform its processes. DOT posts
these comments, without edit, including
any personal information the
commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy. See also https://
www.regulations.gov/privacyNotice for
the privacy notice of regulations.gov.
Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2016–30141 Filed 12–15–16; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD 2016–0122]
Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel
OUTRIDER; Invitation for Public
Comments
AGENCY:
E:\FR\FM\16DEN1.SGM
Maritime Administration, DOT.
16DEN1
]]>Agencies
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Pages 91242-91245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30281]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2006-24210; FMCSA-2010-0162; FMCSA-2012-0162; FMCSA-
2012-0163; FMCSA-2014-0018]
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 125
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 91243]]
stated in the discussions below. Comments must be received on or before
January 17, 2017.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. FMCSA-2006-24210; FMCSA-
2010-0162; FMCSA-2012-0162; FMCSA-2012-0163; FMCSA-2014-0018, using any
of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the on-line instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to https://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to read background documents or
comments, go to https://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008, (73 FR 3316).
FOR FURTHER INFORMATION CONTACT: 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 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 125 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 125 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. These 125 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 August and are
discussed below.
As of August 6, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 10 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce. (77 FR 36333; 77 FR
46791):
Bruce R. Bennett (MN)
Stephen W. Best (PA)
Steven D. Hancock (IN)
Michael A. Hendrickson (OR)
James B. Hills (KS)
Charles Keegan, Jr. (NJ)
Londell W. Luther (MD)
Darrell L. Meadows (TX)
Allyn E. Smith (SD)
Jason R. Zeorian (NE)
The drivers were included in Docket No. FMCSA-2012-0162. Their
exemptions are effective as of August 6, 2016 and will expire on August
6, 2018.
As of August 8, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 26 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce. (71 FR 32177; 71 FR
45097):
Scott R. Anderson (WI)
Robert R. Chase (NE)
Todd A. Dean (WV)
Dale R. Gansz (IL)
Donald W. Havourd, Sr. (CT)
Jeffrey M. King (OR)
Milton A. Klise (OH)
Jeffrey S. Knight (WA)
Edward V. Kruse (IA)
Lee P. Lembke (WI)
Dominick T. Mastroni (KS)
Ronald S. Mavilla (PA)
Derril W. Nunnally (GA)
Robert L. Pfugler, Jr. (PA)
Ronald B. Purdum (IL)
Wilbert C. Rasely, Jr. (PA)
Ron R. Rawson (AZ)
Duance C. Rieger (ND)
Gregory A. Rigg (MI)
[[Page 91244]]
Vernon L. Small (CO)
Walter D. Stowman (NJ)
Antonino S. Vita (NY)
Henry B. Walker-Waltz (OR)
Arthur C. Webber (PA)
Scott A. Wertz (ND)
Danny R. Wood (MO)
The drivers were included in Docket No. FMCSA-2006-24210. Their
exemptions are effective as of August 8, 2016, and will expire on
August 8, 2018.
As of August 17, 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. (75 FR 36775; 75 FR
50797):
Gary L. Alexander (MO)
Daniel E. Bergstresser (NY)
Stephen F. Clendenin (NY)
Donald P. Dean (MI)
Pradip B. Desai (PA)
Howard M. Galton (IL)
Steve Gumienny (CA)
Brian M. Katayama (CA)
Hubert S. Paxton (KY)
The drivers were included in Docket No. FMCSA-2010-0162. Their
exemptions are effective as of August 17, 2016, and will expire on
August 17, 2018.
As of August 19, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 67 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 41723; 79 FR
56105):
Charles Ackerman Jr. (NJ)
William J. Applebee (WI)
Benjamin L. Baxter (MI)
Stephen M. Berggren (MN)
Robert A. Boyle (ID)
Patrick J. Burns (MN)
Robert L. Caudill (OH)
Charles R. Cran (WI)
John W. Crook Jr. (IA)
Kevin W. Elder (NC)
Michael J. Eldridge, Sr. (IA)
Johnathon C. Ely (IN)
Kevin D. Erickson (WI)
Joby E. Foshee, IV (MS)
Lawrence H. Fox (NH)
Troy C. Frank (NE)
Robert T. Frankfurter (CO)
Dale A. Godejohn (ND)
Robert R. Gonzales (CA)
Norman D. Groves (MO)
Kenneth F. Gwaltney (IN)
Mathew R. Hale (KS)
Donald K. Hamilton (FL)
John L. Holtzclaw (MO)
Christopher H. Horn (NH)
Jared E. Hubbard (TX)
Roger C. Hulce (VT)
Kip J. Kauffman (WI)
Christopher J. Kittoe (WI)
Joshua L. Kroetch (MN)
Wesley S. Langham (IL)
Andrew K. Lofton (AL)
Salvador Lopez (AZ)
Joseph M. Macias (NM)
Robert J. Marino (NJ)
David J. McCoy (UT)
William E. Medlin (MN)
Anthony J. Miller (MN)
Carlos A. Napoles, Jr. (NJ)
Kathryn J. Nelms (KS)
Antonio C. Oliveira (PA)
Christopher P. Overton (IL)
Ronald E. Patrick (IN)
Stephen J. Pelton (PA)
Bryant S. Perry (NC)
Kenneth R. Perschon (IL)
Joseph R. Polhamus (LA)
Brian K. Rajkovich (CA)
Joseph E. Resetar (NJ)
Rodney B. Roberts (MS)
Arlan M. Roesler (WI)
Mark J. Rone (IL)
Barry J. Sanderson (MT)
John J. Steigauf (MN)
Berton W. Stroup (PA)
Ronnie P. Thomas (TN)
William L. Thompson (MN)
Juan A. Villanueva (TX)
Robert D. Watts (TX)
Cindy L. Wells (NY)
Charles W. White (IN)
Herman D. Whitehurst (AR)
Michael G. Worl (MT)
Tommy W. Wornick (TX)
Robert T. Yeftich (IN)
Alan C. Yeomans (CT)
Chad C. Yerkey (PA)
The drivers were included in Docket No. FMCSA-2014-0018. Their
exemptions are effective as of August 19, 2016, and will expire on
August 19, 2018.
As of August 27, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, 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. (77 FR 40941; 77 FR
51845):
Randall W. Amtower (WV)
Steven Brickey (CO)
Ronald K. Coleman (KY)
Randall L. Corrick (ND)
Raymond G. Gravesandy (NY)
John T. Green (TX)
Gregory M. Harris (TX)
Kelly M. Keller (ND)
Joseph L. Miska (MN)
Susan L. Mosel (WI)
Jacob D. Oxford (ID)
Robert D. Regavich (NJ)
Ramon I. Zamora-Ortiz (WA)
The drivers were included in Docket No. FMCSA-2012-0163. Their
exemptions are effective as of August 27, 2016, and will expire on
August 27, 2018.
Each of the 125 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
125 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-2006-24210; FMCSA-2010-0162; FMCSA-
2012-0162; FMCSA-2012-0163; FMCSA-2014-0018.
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 January 17, 2017.
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 125 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
[[Page 91245]]
drivers are not currently achieving the statutory level of safety
should immediately notify FMCSA. The Agency will evaluate any adverse
evidence submitted and, if safety is being compromised or if
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take
immediate steps to revoke the exemption of a driver.
Submitting Comments
You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov and
in the search box insert the docket numbers FMCSA-2006-24210; FMCSA-
2010-0162; FMCSA-2012-0162; FMCSA-2012-0163; FMCSA-2014-0018 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 https://www.regulations.gov and in the search box insert
the docket number FMCSA-2006-24210; FMCSA-2010-0162; FMCSA-2012-0162;
FMCSA-2012-0163; FMCSA-2014-0018 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: December 2, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-30281 Filed 12-15-16; 8:45 am]
BILLING CODE 4910-EX-P
