Qualification of Drivers; Exemption Applications; Diabetes, 92949-92952 [2016-30602]
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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
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[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:
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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
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. 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 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. 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-
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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.
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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.
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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)
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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.
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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)
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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)
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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
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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
https://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 https://www.regulations.gov and in
the search box insert the docket number
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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:
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SUMMARY:
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I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://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
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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]
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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 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. 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 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. 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 https://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 https://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
