Qualification of Drivers; Exemption Applications; Diabetes, 92949-92952 [2016-30602]

Download as PDF Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices on-the-job operation of a CMV on a public road or highway. Anyone who obtained training and took the CDL skills test near his or her home could go directly to the licensing agency, collect the CDL, and begin driving without onboard supervision. It is only when the new driver completes the training and testing in another State that the trip back to obtain the CDL from the State of residence becomes problematic. Allowing CLP holders who have passed the skills test to function as a team driver on the trip home enables these new operators to continue to sharpen their driving skills under the mentoring and observation of a more experienced driver—and they immediately earn an income. FMCSA has granted an exemption similar to the Prime request on two prior occasions. In the September 23, 2016, Federal Register, FMCSA granted a similar exemption from 49 CFR 383.25(a)(1) to CRST Expedited (81 FR 65696). In the June 11, 2015, Federal Register, FMCSA also granted this exemption to C.R. England, Inc. (80 FR 33329). Under the terms and conditions of both of these exemptions, a CLP holder who has documentation of passing the CDL skills test may drive a CMV for either of these companies without being accompanied by a CDL holder in the front seat of the vehicle. The Agency believed that both of these requests for exemption would achieve a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. A copy of Prime’s application for exemption is available for review in the docket for this notice. Issued on: December 15, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–30633 Filed 12–19–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration mstockstill on DSK3G9T082PROD with NOTICES [Docket No. FMCSA–2010–0083; FMCSA– 2010–0115; FMCSA–2010–0138; FMCSA– 2012–0108; FMCSA–2012–0109; FMCSA– 2014–0016; FMCSA–2014–0017] 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 174 SUMMARY: VerDate Sep<11>2014 19:36 Dec 19, 2016 Jkt 241001 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 was effective from the dates stated in the discussions below. Comments must be received on or before January 19, 2017. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. FMCSA–2010–0083; FMCSA–2010– 0115; FMCSA–2010–0138; FMCSA– 2012–0108; FMCSA–2012–0109; FMCSA–2014–0016; FMCSA–2014– 0017, 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. e.t., 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. e.t, 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- PO 00000 Frm 00180 Fmt 4703 Sfmt 4703 92949 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. e.t., 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 174 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 174 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. These 174 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. E:\FR\FM\20DEN1.SGM 20DEN1 92950 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices 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 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. mstockstill on DSK3G9T082PROD with NOTICES 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 July and are discussed below. As of July 2, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 30 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 25919; 75 FR 28677; 75 FR 38597; 75 FR 38598): Spencer W. Alexander (UT) Cody R. Anderson (MT) Ronnie L. Barker (GA) Joseph P. Beagan (RI) Brian C. Blevins (VA) John M. Charlton (UT) Stuart A. Dietz (KS) Michael G. Eikenberry (IN) Francisco K. Gallardo (AZ) Devin S. Gibson (UT) Jason C. Green (MS) Kimmy D. Hall (AR) Edward G. Harbin (AR) Lewis M. Hendershott (NJ) Mark E. Henning (NY) Christopher M. Hultman (WI) Duane K. Kohls (MN) John F. Lohmuller (IN) Jerry A. McMurdy (PA) Steven L. Miller (ND) H. A. Miller (OR) Andrew D. Monson (MN) VerDate Sep<11>2014 19:36 Dec 19, 2016 Jkt 241001 Timothy J. Nowak (FL) Peter J. Pendola (VA) Ross R. Romano (MI) Max S. Sklarski (NM) Jason D. Sweet (CA) Robert M. Thomson (IL) James P. Tomasik (PA) Joseph H. Watkins (IN) The drivers were included in Docket No. FMCSA–2010–0083; FMCSA–2010– 0115. Their exemptions are effective as of July 2, 2016 and will expire on July 2, 2018. As of July 22, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 44 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 29484; 79 FR 42628): Curtis D. Andersen (MT) Thomas E. Armburst (IL) Michael A. Barrett (MI) Jerry G. Clise Jr. (MD) Richard K. Cressman (ND) Steven W. Dahl (ND) Shannon D. Eck (KS) Manuel Fernandez (PA) Kevin J. Franje (IA) Michael E. Goldsberry (VA) Jared P. Greene (OH) Michael L. Jobe (PA) Edwin P. Jonas, II (PA) David W. Jones (MD) John T. Katcher (CO) Glenn T. Keller (PA) Michael G. Keller (CA) Jay T. Kirschmann (ND) James L. Laufenberg (ND) James R. Longo (MD) Erik M. Mardesen (IA) Earl W. Meadows (WV) Ralph H. Mills (MA) Matthew C. Moberly (KY) Brant S. Perry (TX) Zachary A. Petitt (TX) James W. Restuccio Jr. (NJ) Pedro Saavedra Garcia (CA) David Salmond (UT) Jerry J. Shipley (KS) Glenn A. Skonberg (SD) Douglas R. Smith (KS) Cheryl G. Stephens (DE) James F. Stewart (PA) Martin T. Struthers (NE) Dennis C. Svec (MI) Larry L. Taff (AR) Filbert J. Torres (NM) Jennifer A. Tyson (PA) Burdette Walker (PA) Jacob D. Walter (PA) Richard E. Watkins (NY) Harold W. Wilson Jr. (SC) Ronald D. Young (GA) The drivers were included in Docket No. FMCSA–2014–0016. Their exemptions are effective as of July 22, 2016 and will expire on July 22, 2018. PO 00000 Frm 00181 Fmt 4703 Sfmt 4703 As of July 24, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 18 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 33554; 77 FR 43417): Jack D. Alt (NH) Tony O. Billman (PA) Tracy M. Dowton (MT) Anil D. Gharmalker (KS) Larry A. Hamilton (MO) Allen K. Kates (NJ) Andrew L. Lyman (PA) Nancy A. Plunk (MO) Victor C. Port (ND) Scott D. Roles (MN) Jeffrey A. Ryan (IA) Keith A. Siekmeier (AK) Tom L. Simmons (IA) James H. Stichberry, Jr. (MD) Loyd J. Wagner (MO) John F. Watson (IN) Melvin E. Welch (NJ) Leroy R. Wille (IA) The drivers were included in Docket No. FMCSA–2012–0109. Their exemptions are effective as of July 24, 2016 and will expire on July 24, 2018. As of July 25, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 55 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 35844; 79 FR 51223): Todd Y. Albright (MT) John H. Ascheman (MN) Robert M. Borunda (CA) Alan F. Brown Jr. (IN) Theodore W. Burnette (CA) John Canal (NY) Anthony C. Cole (WY) Kevin G. Comstock (MN) Jacob S. Crawford (GA) Christopher Dave (MI) Anthony J. Davis (IN) Justin J. Day (SD) Charles G. Denegal (WA) Wayne H. Dirks (WA) Charles G. Elliott (IN) Joseph S. Farrow (MN) James R. Fiecke (ND) Eric C. Gambill (OH) Mark P. Gerrits (WI) Michael Gilon (NH) Chance A. Gooch (GA) Robert L. Harris (IN) Darrell S. Haynes (PA) Joseph D. Helget (OR) Charles D. Henderson (NY) Marvin S. Howard (OH) Eric A. Knox (KY) Erik M. Lindquist (WA) Thomas K. Linkel (IN) Christine I. Llewellyn (IL) E:\FR\FM\20DEN1.SGM 20DEN1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices Ryan A. Malandrone (WI) Thomas J. Manning (MN) Steve A. Meharry (WA) Robert A. Miller Jr. (WV) Ben G. Moore (IL) Chad M. Morris (NY) Paul C. Mortenson (WI) William D. Murray (AL) Jacob D. Nafziger (OH) Edward T. Nauer (VA) Keith W. Nichols (TX) Colin R. Parmelee (IN) Matthew P. Sczpanski (OH) Anthony S. Sobreiro (NJ) Colby E. Starner (PA) Daniel E. Stephens (NY) Bartholomew Taliaferro (PA) Johnathan D. Truitt (IL) Rylan P. Wheeler (IL) Gordon J. White (MO) Kelly L. Whitley (NC) Jerry R. Williams (GA) Charles L. Wojton (PA) Michelle L. York (WA) Steven L. Zimmer (OH) The drivers were included in Docket No. FMCSA–2014–0017. Their exemptions are effective as of July 25, 2016 and will expire on July 25, 2018. As of July 26, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 15 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 33551; 77 FR 43901): Larry J. Anderson (MN) Wade D. Calvin (WA) Carl A. Candelaria (NM) Owen R. Dossett (AL) Jennifer A. Ferguson (SC) Michael E. Fritz (NV) Lee A. Haerterich (WI) Eric W. Holland (CO) Richard P. Holmen (MN) Edward Jones (GA) Paul A. Lacina (ND) Bradley J. Moore (MO) Ross W. Petermann (MN) Randall J. Tatum (MA) Curtis J. Young (FL) The drivers were included in Docket No. FMCSA–2012–0108. Their exemptions are effective as of July 26, 2016 and will expire on July 26, 2018. As of July 27, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 12 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 34206; 75 FR 44049): Clinton R. Carlson II (RI) Brandon L. Cheek (NC) Richard A. Dufton, Jr. (NH) Kenneth Dunn (IN) VerDate Sep<11>2014 19:36 Dec 19, 2016 Jkt 241001 Robert J. Dyxin (IL) Michael H. Hayden (NY) John T. Jones (OK) Blake A.S. Keeten (NE) Randall L. Koegel (NY) Worden T. Price (NC) Gary L. Sager (IL) Darrel D. Schroeder (KS) The drivers were included in Docket No. FMCSA–2010–0138. Their exemptions are effective as of July 27, 2016 and will expire on July 27, 2018. Each of the 174 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 174 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– 2010–0083; FMCSA–2010–0115; FMCSA–2010–0138; FMCSA–2012– 0108; FMCSA–2012–0109; FMCSA– 2014–0016; FMCSA–2014–0017. 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 19, 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 174 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 PO 00000 Frm 00182 Fmt 4703 Sfmt 4703 92951 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–2010–0083; FMCSA–2010– 0115; FMCSA–2010–0138; FMCSA– 2012–0108; FMCSA–2012–0109; FMCSA–2014–0016; FMCSA–2014– 0017 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 E:\FR\FM\20DEN1.SGM 20DEN1 92952 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices FMCSA–2010–0083; FMCSA–2010– 0115; FMCSA–2010–0138; FMCSA– 2012–0108; FMCSA–2012–0109; FMCSA–2014–0016; FMCSA–2014– 0017 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to this notice. Issued on: December 8, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–30602 Filed 12–19–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1999–6480; FMCSA– 2000–7363; FMCSA–2004–17195; FMCSA– 2005–23099; FMCSA–2007–0071; FMCSA– 2009–0011; FMCSA–2009–0291; FMCSA– 2009–0303; FMCSA–2010–0050; FMCSA– 2011–0379; FMCSA–2011–0380; FMCSA– 2012–0040; FMCSA–2012–0104; FMCSA– 2013–0174; FMCSA–2014–0002; FMCSA– 2014–0003; FMCSA–2014–0004; FMCSA– 2014–0005] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to renew exemptions for 43 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these individuals to continue to operate CMVs in interstate commerce without meeting the vision requirement in one eye. 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 8:30 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: mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:36 Dec 19, 2016 Jkt 241001 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., e.t., 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 May 9, 2016, FMCSA published a notice announcing its decision to renew exemptions for 43 individuals from the vision requirement in 49 CFR 391.41(b)(10) to operate a CMV in interstate commerce and requested comments from the public (81 FR 28138). The public comment period ended on June 8, 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 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)(10). The physical qualification standard for drivers regarding vision found in 49 CFR 391.41(b)(10) states that a person is physically qualified to driver a CMV if that person: Has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/ 40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber. III. Discussion of Comments FMCSA received no comments in this preceding. VI. Conclusion As of June 3, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the PO 00000 Frm 00183 Fmt 4703 Sfmt 4703 following 34 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (64 FR 68195; 65 FR 20251; 65 FR 45817; 65 FR 77066; 67 FR 17102; 67 FR 38311; 68 FR 1654; 69 FR 17263; 69 FR 17267; 69 FR 26921; 69 FR 31447; 70 FR 7545; 71 FR 4194; 71 FR 13450; 71 FR 16410; 71 FR 27033; 73 FR 6242; 73 FR 9158; 73 FR 11989; 73 FR 16950; 73 FR 28186; 74 FR 60022; 74 FR 65842; 75 FR 4623; 75 FR 9477; 75 FR 9480; 75 FR 9482; 75 FR 9484; 75 FR 14656; 75 FR 22176; 75 FR 27623; 75 FR 28682; 77 FR 10604; 77 FR 10606; 77 FR 13689; 77 FR 15184; 77 FR 17107; 77 FR 17108; 77 FR 17109; 77 FR 27845; 77 FR 27849; 77 FR 27850; 77 FR 29447; 79 FR 1908; 79 FR 10606; 79 FR 10619; 79 FR 14328; 79 FR 14331; 79 FR 14333; 79 FR 14571; 79 FR 17642; 79 FR 18391; 79 FR 18392; 79 FR 21996; 79 FR 22003; 79 FR 27043; 79 FR 28588; 79 FR 29498): Thomas R. Abbott (TN) Dean R. Allen (OR) Robert J. Ambrose (MA) Rodney R. Anderson (PA) Ernie E. Black (NC) Gary O. Brady (WV) Marland L. Brassfield (TX) Larry D. Buchanan (NM) Michael B. Canedy (MN) Melvin D. Clark (GA) Dean E. Dexter (SD) Scott E. Elliot (NH) Rojelio Garcia-Pena (MI) Grant G. Gibson (MN) Stephen H. Goldcamp (OH) Wai F. King (IL) Eric W. Kopmann (MO) Dennis E. Krone (IL) George E. Lewis (OH) Travis J. Luce (MI) Phillip D. Mathys (OH) Thomas J. Mavraganis (IL) Richard J. McKenzie, Jr. (MD) Christopher J. Meerten (OR) Jason T. Montoya (NM) Michael Pace (TX) Tommy L. Ray, Jr. (AL) George S. Rayson (OH) Joe A. Root (MN) Carl D. Short (MO) Lewis H. West, Jr. (MA) Donald G. Wilcox (OR) David E. Williford (NC) Jimmy S. Zamora, Jr. (TX) The drivers were included in one of the following dockets: Docket Nos. FMCSA–1999–6480; FMCSA–2000– 7363; FMCSA–2004–17195; FMCSA– 2005–23099; FMCSA–2007–0071; FMCSA–2009–0011; FMCSA–2009– 0291; FMCSA–2009–0303; FMCSA– 2010–0050; FMCSA–2011–0379; FMCSA–2011–0380; FMCSA–2013– 0174; FMCSA–2014–0002; FMCSA– 2014–0003; FMCSA–2014–0004. Their E:\FR\FM\20DEN1.SGM 20DEN1

Agencies

[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92949-92952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30602]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0083; FMCSA-2010-0115; FMCSA-2010-0138; FMCSA-
2012-0108; FMCSA-2012-0109; FMCSA-2014-0016; FMCSA-2014-0017]


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 174 
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 was effective from the dates 
stated in the discussions below. Comments must be received on or before 
January 19, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. FMCSA-2010-0083; FMCSA-
2010-0115; FMCSA-2010-0138; FMCSA-2012-0108; FMCSA-2012-0109; FMCSA-
2014-0016; FMCSA-2014-0017, 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. e.t., 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. e.t, 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. 
e.t., 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 174 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 174 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. These 174 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.

[[Page 92950]]

    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 July and are 
discussed below.
    As of July 2, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 30 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 25919; 75 FR 
28677; 75 FR 38597; 75 FR 38598):

Spencer W. Alexander (UT)
Cody R. Anderson (MT)
Ronnie L. Barker (GA)
Joseph P. Beagan (RI)
Brian C. Blevins (VA)
John M. Charlton (UT)
Stuart A. Dietz (KS)
Michael G. Eikenberry (IN)
Francisco K. Gallardo (AZ)
Devin S. Gibson (UT)
Jason C. Green (MS)
Kimmy D. Hall (AR)
Edward G. Harbin (AR)
Lewis M. Hendershott (NJ)
Mark E. Henning (NY)
Christopher M. Hultman (WI)
Duane K. Kohls (MN)
John F. Lohmuller (IN)
Jerry A. McMurdy (PA)
Steven L. Miller (ND)
H. A. Miller (OR)
Andrew D. Monson (MN)
Timothy J. Nowak (FL)
Peter J. Pendola (VA)
Ross R. Romano (MI)
Max S. Sklarski (NM)
Jason D. Sweet (CA)
Robert M. Thomson (IL)
James P. Tomasik (PA)
Joseph H. Watkins (IN)

    The drivers were included in Docket No. FMCSA-2010-0083; FMCSA-
2010-0115. Their exemptions are effective as of July 2, 2016 and will 
expire on July 2, 2018.
    As of July 22, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 44 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 29484; 79 FR 
42628):

Curtis D. Andersen (MT)
Thomas E. Armburst (IL)
Michael A. Barrett (MI)
Jerry G. Clise Jr. (MD)
Richard K. Cressman (ND)
Steven W. Dahl (ND)
Shannon D. Eck (KS)
Manuel Fernandez (PA)
Kevin J. Franje (IA)
Michael E. Goldsberry (VA)
Jared P. Greene (OH)
Michael L. Jobe (PA)
Edwin P. Jonas, II (PA)
David W. Jones (MD)
John T. Katcher (CO)
Glenn T. Keller (PA)
Michael G. Keller (CA)
Jay T. Kirschmann (ND)
James L. Laufenberg (ND)
James R. Longo (MD)
Erik M. Mardesen (IA)
Earl W. Meadows (WV)
Ralph H. Mills (MA)
Matthew C. Moberly (KY)
Brant S. Perry (TX)
Zachary A. Petitt (TX)
James W. Restuccio Jr. (NJ)
Pedro Saavedra Garcia (CA)
David Salmond (UT)
Jerry J. Shipley (KS)
Glenn A. Skonberg (SD)
Douglas R. Smith (KS)
Cheryl G. Stephens (DE)
James F. Stewart (PA)
Martin T. Struthers (NE)
Dennis C. Svec (MI)
Larry L. Taff (AR)
Filbert J. Torres (NM)
Jennifer A. Tyson (PA)
Burdette Walker (PA)
Jacob D. Walter (PA)
Richard E. Watkins (NY)
Harold W. Wilson Jr. (SC)
Ronald D. Young (GA)

    The drivers were included in Docket No. FMCSA-2014-0016. Their 
exemptions are effective as of July 22, 2016 and will expire on July 
22, 2018.
    As of July 24, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 18 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 33554; 77 FR 
43417):

Jack D. Alt (NH)
Tony O. Billman (PA)
Tracy M. Dowton (MT)
Anil D. Gharmalker (KS)
Larry A. Hamilton (MO)
Allen K. Kates (NJ)
Andrew L. Lyman (PA)
Nancy A. Plunk (MO)
Victor C. Port (ND)
Scott D. Roles (MN)
Jeffrey A. Ryan (IA)
Keith A. Siekmeier (AK)
Tom L. Simmons (IA)
James H. Stichberry, Jr. (MD)
Loyd J. Wagner (MO)
John F. Watson (IN)
Melvin E. Welch (NJ)
Leroy R. Wille (IA)

    The drivers were included in Docket No. FMCSA-2012-0109. Their 
exemptions are effective as of July 24, 2016 and will expire on July 
24, 2018.
    As of July 25, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 55 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 35844; 79 FR 
51223):

Todd Y. Albright (MT)
John H. Ascheman (MN)
Robert M. Borunda (CA)
Alan F. Brown Jr. (IN)
Theodore W. Burnette (CA)
John Canal (NY)
Anthony C. Cole (WY)
Kevin G. Comstock (MN)
Jacob S. Crawford (GA)
Christopher Dave (MI)
Anthony J. Davis (IN)
Justin J. Day (SD)
Charles G. Denegal (WA)
Wayne H. Dirks (WA)
Charles G. Elliott (IN)
Joseph S. Farrow (MN)
James R. Fiecke (ND)
Eric C. Gambill (OH)
Mark P. Gerrits (WI)
Michael Gilon (NH)
Chance A. Gooch (GA)
Robert L. Harris (IN)
Darrell S. Haynes (PA)
Joseph D. Helget (OR)
Charles D. Henderson (NY)
Marvin S. Howard (OH)
Eric A. Knox (KY)
Erik M. Lindquist (WA)
Thomas K. Linkel (IN)
Christine I. Llewellyn (IL)

[[Page 92951]]

Ryan A. Malandrone (WI)
Thomas J. Manning (MN)
Steve A. Meharry (WA)
Robert A. Miller Jr. (WV)
Ben G. Moore (IL)
Chad M. Morris (NY)
Paul C. Mortenson (WI)
William D. Murray (AL)
Jacob D. Nafziger (OH)
Edward T. Nauer (VA)
Keith W. Nichols (TX)
Colin R. Parmelee (IN)
Matthew P. Sczpanski (OH)
Anthony S. Sobreiro (NJ)
Colby E. Starner (PA)
Daniel E. Stephens (NY)
Bartholomew Taliaferro (PA)
Johnathan D. Truitt (IL)
Rylan P. Wheeler (IL)
Gordon J. White (MO)
Kelly L. Whitley (NC)
Jerry R. Williams (GA)
Charles L. Wojton (PA)
Michelle L. York (WA)
Steven L. Zimmer (OH)

    The drivers were included in Docket No. FMCSA-2014-0017. Their 
exemptions are effective as of July 25, 2016 and will expire on July 
25, 2018.
    As of July 26, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 15 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 33551; 77 FR 
43901):

Larry J. Anderson (MN)
Wade D. Calvin (WA)
Carl A. Candelaria (NM)
Owen R. Dossett (AL)
Jennifer A. Ferguson (SC)
Michael E. Fritz (NV)
Lee A. Haerterich (WI)
Eric W. Holland (CO)
Richard P. Holmen (MN)
Edward Jones (GA)
Paul A. Lacina (ND)
Bradley J. Moore (MO)
Ross W. Petermann (MN)
Randall J. Tatum (MA)
Curtis J. Young (FL)

    The drivers were included in Docket No. FMCSA-2012-0108. Their 
exemptions are effective as of July 26, 2016 and will expire on July 
26, 2018.
    As of July 27, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 12 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 34206; 75 FR 
44049):

Clinton R. Carlson II (RI)
Brandon L. Cheek (NC)
Richard A. Dufton, Jr. (NH)
Kenneth Dunn (IN)
Robert J. Dyxin (IL)
Michael H. Hayden (NY)
John T. Jones (OK)
Blake A.S. Keeten (NE)
Randall L. Koegel (NY)
Worden T. Price (NC)
Gary L. Sager (IL)
Darrel D. Schroeder (KS)

    The drivers were included in Docket No. FMCSA-2010-0138. Their 
exemptions are effective as of July 27, 2016 and will expire on July 
27, 2018.
    Each of the 174 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 
174 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-2010-0083; FMCSA-2010-0115; FMCSA-
2010-0138; FMCSA-2012-0108; FMCSA-2012-0109; FMCSA-2014-0016; FMCSA-
2014-0017.

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 19, 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 174 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-2010-0083; FMCSA-
2010-0115; FMCSA-2010-0138; FMCSA-2012-0108; FMCSA-2012-0109; FMCSA-
2014-0016; FMCSA-2014-0017 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

[[Page 92952]]

FMCSA-2010-0083; FMCSA-2010-0115; FMCSA-2010-0138; FMCSA-2012-0108; 
FMCSA-2012-0109; FMCSA-2014-0016; FMCSA-2014-0017 and click ``Search.'' 
Next, click ``Open Docket Folder'' and you will find all documents and 
comments related to this notice.

    Issued on: December 8, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-30602 Filed 12-19-16; 8:45 am]
 BILLING CODE 4910-EX-P