Qualification of Drivers; Exemption Applications; Diabetes, 12901-12902 [2017-04386]

Download as PDF Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices 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. sradovich on DSK3GMQ082PROD with NOTICES V. 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–2010–0188; FMCSA–2012– 0164 FMCSA–2014–0019; FMCSA– 2014–0020 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. VerDate Sep<11>2014 16:01 Mar 06, 2017 Jkt 241001 VI. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, go to http://www.regulations.gov and in the search box insert the docket number FMCSA–2010–0188; FMCSA–2012– 0164 FMCSA–2014–0019; FMCSA– 2014–0020 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to this notice. Issued on: February 28, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017–04382 Filed 3–6–17; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2008–0071; FMCSA– 2012–0044; FMCSA–2012–0107; FMCSA– 2014–0015; FMCSA–2014–0016] Qualification of Drivers; Exemption Applications; Diabetes Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to renew exemptions of 78 individuals from its prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals with ITDM to continue to operate CMVs in interstate commerce. DATES: Each group of renewed exemptions was effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, 202–366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64– 224, Washington, DC 20590–0001. Office hours are from 8 a.m. to 5:30 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: SUMMARY: I. Electronic Access You may see all the comments online through the Federal Document PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 12901 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 December 29, 2016, FMCSA published a notice announcing its decision to renew exemptions for 78 individuals from the insulin-treated diabetes mellitus prohibition in 49 CFR 391.41(b)(3) to operate a CMV in interstate commerce and requested comments from the public (81 FR 96176). The public comment period ended on January 30, 2017, 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)(3). The physical qualification standard for drivers regarding diabetes found in 49 CFR 391.41(b)(3) states that a person is physically qualified to drive a CMV if that person has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control. III. Discussion of Comments FMCSA received no comments in this preceding. IV. Conclusion Based upon its evaluation of the 78 renewal exemption applications and that no comments were received, FMCSA confirms its’ decision to exempt the following drivers from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce in 49 CFR 391.41(b)(3): As of June 3, 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 E:\FR\FM\07MRN1.SGM 07MRN1 sradovich on DSK3GMQ082PROD with NOTICES 12902 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (73 FR 16946; 73 FR 31734): Edward F. Connole (MA) Gary D. Coonfield (MO) Francis W. Devine (NJ) Shannon D. Hanson (SD) Aundra Menefield (MS) James T. Rothwell (TN) Randy A. Shannon (MT) Dalton T. Smith, Jr. (IL) Marvin D. Webster (KY) Travis S. Wolfe (WV) The drivers were included in docket No. FMCSA–2008–0071. Their exemptions are effective as of June 3, 2016, and will expire on June 3, 2018. As of June 5, 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 20876; 77 FR 33264): Steven W. Beaty (SD) David D. Brown (MI) Evan P. Hansen (WI) Todd A. Heitschmidt (WA) John M. Kennedy, Jr. (NC) Jeremy A. Ludolph (KS) Gerald N. Martinson (ND) Glenn D. Taylor (NY) Thomas R. Toews (OR) James E. Waller, III (GA) The drivers were included in docket No. FMCSA–2012–0044. Their exemptions are effective as of June 5, 2016, and will expire on June 5, 2018. As of June 12, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, John C. Fisher, Jr. (PA) has satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (79 FR 22573; 79 FR 35855). This driver was included in docket No. FMCSA–2014–0015. His exemption was effective as of June 12, 2016, and will expire on June 12, 2018. As of June 20, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, Gary R. Harper (IN) has 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). This driver was included in docket No. FMCSA–2014–0016. His exemption was effective as of June 20, 2016, and will expire on June 20, 2018. As of June 24, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 46 individuals VerDate Sep<11>2014 16:01 Mar 06, 2017 Jkt 241001 have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (79 FR 22573; 79 FR 35855): Joshua T. Adams (OH) Dennis W. Athey II (KS) John M. Behan, Jr. (MD) Peterson Benally (NM) Kirk B. Berridge (KS) Francis P. Bourgeois (LA) Randall T. Buffkin (NC) Terry S. Bunge (WI) Heladio Castillo (WA) Purvis J. Chesson (VA) Bonnie F. Craig (OR) Jeff T. Enbody (WA) Larry S. Gibson, II (NC) James M. Halapchuk (PA) Jeffery A. Hall (ME) Henry W. Hartman (NY) Marlin R. Hein (IA) Clifford E. Hill (WA) Robert E. Hunt (MT) Vincenzo Ingrassellino (NY) Davis Jansen van Beek (MT) Baek J. Kim (MD) Shawn N. Kimble (PA) Darrel G. Klauer (WI) Stephen D. Lewis (NY) Kerry W. McCarthy (IN) Alvin McClain (OR) Kenneth D. Mehmen (IA) Kyle B. Mitchell (CA) Thomas R. Moore, Jr. (AZ) Michael A. Murrell (KY) Ryan R. Ong (CA) Gregory Paradiso (OH) Brian K. Patenaude (MA) Traci L. Patterson (CA) Chad A. Powell (MO) Richard C. Schendel (MN) William A. Schimpf (CA) Frank J. Sciulli (PA) Bryan J. Smith (ND) Edward L. Stauffer (PA) William H. Stone, Sr. (FL) Kyle G. Streit (TX) Joseph D. Stutzman (PA) Raymond J. Vaillancourt (OH) Robert L. Weiland (PA) The drivers were included in docket No. FMCSA–2014–0015. Their exemptions are effective as of June 24, 2016, and will expire on June 24, 2018. As of June 26, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, Thomas R. Riley (IL) has 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). This driver was included in docket No. FMCSA–2014–0016. His exemption was effective as of June 26, 2016, and will expire on June 26, 2018. As of June 27, 2016, and in accordance with 49 U.S.C. 31136(e) and PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 31315, the following 9 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (77 FR 27842; 77 FR 38383): Matthew R. Bagwell (NY) Eric J. Bright (IL) Kyle D. Dale (MO) Frank E. Glenn (IL) Kevin N. Mitchell (GA) Gerald Perkins (CA) Donald L. Philpott (WA) John Randolph (OK) Courtney R. Schiebout (IA) The drivers were included in docket No. FMCSA–2012–0107. Their exemptions are effective as of June 27, 2016, and will expire on June 27, 2018. In accordance with 49 U.S.C. 31315, each exemption will be valid for two years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. Issued on: February 27, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017–04386 Filed 3–6–17; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–[2016–0380] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA confirms its decision to exempt 43 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals to operate CMVs in interstate commerce. DATES: The exemptions were effective on January 13, 2017. The exemptions expire on January 13, 2019. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, SUMMARY: E:\FR\FM\07MRN1.SGM 07MRN1

Agencies

[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)]
[Notices]
[Pages 12901-12902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04386]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0071; FMCSA-2012-0044; FMCSA-2012-0107; FMCSA-
2014-0015; FMCSA-2014-0016]


Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions of 78 
individuals from its prohibition in the Federal Motor Carrier Safety 
Regulations (FMCSRs) against persons with insulin-treated diabetes 
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in 
interstate commerce. The exemptions enable these individuals with ITDM 
to continue to operate CMVs in interstate commerce.

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

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

SUPPLEMENTARY INFORMATION: 

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http//www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., 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 December 29, 2016, FMCSA published a notice announcing its 
decision to renew exemptions for 78 individuals from the insulin-
treated diabetes mellitus prohibition in 49 CFR 391.41(b)(3) to operate 
a CMV in interstate commerce and requested comments from the public (81 
FR 96176). The public comment period ended on January 30, 2017, 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)(3).
    The physical qualification standard for drivers regarding diabetes 
found in 49 CFR 391.41(b)(3) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of diabetes mellitus currently requiring 
insulin for control.

III. Discussion of Comments

    FMCSA received no comments in this preceding.

IV. Conclusion

    Based upon its evaluation of the 78 renewal exemption applications 
and that no comments were received, FMCSA confirms its' decision to 
exempt the following drivers from the rule prohibiting drivers with 
ITDM from driving CMVs in interstate commerce in 49 CFR 391.41(b)(3):
    As of June 3, 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

[[Page 12902]]

exemption from the rule prohibiting drivers with ITDM from driving CMVs 
in interstate commerce (73 FR 16946; 73 FR 31734):

Edward F. Connole (MA)
Gary D. Coonfield (MO)
Francis W. Devine (NJ)
Shannon D. Hanson (SD)
Aundra Menefield (MS)
James T. Rothwell (TN)
Randy A. Shannon (MT)
Dalton T. Smith, Jr. (IL)
Marvin D. Webster (KY)
Travis S. Wolfe (WV)

    The drivers were included in docket No. FMCSA-2008-0071. Their 
exemptions are effective as of June 3, 2016, and will expire on June 3, 
2018.
    As of June 5, 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 20876; 77 FR 
33264):

Steven W. Beaty (SD)
David D. Brown (MI)
Evan P. Hansen (WI)
Todd A. Heitschmidt (WA)
John M. Kennedy, Jr. (NC)
Jeremy A. Ludolph (KS)
Gerald N. Martinson (ND)
Glenn D. Taylor (NY)
Thomas R. Toews (OR)
James E. Waller, III (GA)

    The drivers were included in docket No. FMCSA-2012-0044. Their 
exemptions are effective as of June 5, 2016, and will expire on June 5, 
2018.
    As of June 12, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, John C. Fisher, Jr. (PA) has satisfied the renewal conditions 
for obtaining an exemption from the rule prohibiting drivers with ITDM 
from driving CMVs in interstate commerce (79 FR 22573; 79 FR 35855).
    This driver was included in docket No. FMCSA-2014-0015. His 
exemption was effective as of June 12, 2016, and will expire on June 
12, 2018.
    As of June 20, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315,
    Gary R. Harper (IN) has 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).
    This driver was included in docket No. FMCSA-2014-0016. His 
exemption was effective as of June 20, 2016, and will expire on June 
20, 2018.
    As of June 24, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 46 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 22573; 79 FR 
35855):

Joshua T. Adams (OH)
Dennis W. Athey II (KS)
John M. Behan, Jr. (MD)
Peterson Benally (NM)
Kirk B. Berridge (KS)
Francis P. Bourgeois (LA)
Randall T. Buffkin (NC)
Terry S. Bunge (WI)
Heladio Castillo (WA)
Purvis J. Chesson (VA)
Bonnie F. Craig (OR)
Jeff T. Enbody (WA)
Larry S. Gibson, II (NC)
James M. Halapchuk (PA)
Jeffery A. Hall (ME)
Henry W. Hartman (NY)
Marlin R. Hein (IA)
Clifford E. Hill (WA)
Robert E. Hunt (MT)
Vincenzo Ingrassellino (NY)
Davis Jansen van Beek (MT)
Baek J. Kim (MD)
Shawn N. Kimble (PA)
Darrel G. Klauer (WI)
Stephen D. Lewis (NY)
Kerry W. McCarthy (IN)
Alvin McClain (OR)
Kenneth D. Mehmen (IA)
Kyle B. Mitchell (CA)
Thomas R. Moore, Jr. (AZ)
Michael A. Murrell (KY)
Ryan R. Ong (CA)
Gregory Paradiso (OH)
Brian K. Patenaude (MA)
Traci L. Patterson (CA)
Chad A. Powell (MO)
Richard C. Schendel (MN)
William A. Schimpf (CA)
Frank J. Sciulli (PA)
Bryan J. Smith (ND)
Edward L. Stauffer (PA)
William H. Stone, Sr. (FL)
Kyle G. Streit (TX)
Joseph D. Stutzman (PA)
Raymond J. Vaillancourt (OH)
Robert L. Weiland (PA)

    The drivers were included in docket No. FMCSA-2014-0015. Their 
exemptions are effective as of June 24, 2016, and will expire on June 
24, 2018.
    As of June 26, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, Thomas R. Riley (IL) has 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).
    This driver was included in docket No. FMCSA-2014-0016. His 
exemption was effective as of June 26, 2016, and will expire on June 
26, 2018.
    As of June 27, 2016, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 9 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (77 FR 27842; 77 FR 
38383):

Matthew R. Bagwell (NY)
Eric J. Bright (IL)
Kyle D. Dale (MO)
Frank E. Glenn (IL)
Kevin N. Mitchell (GA)
Gerald Perkins (CA)
Donald L. Philpott (WA)
John Randolph (OK)
Courtney R. Schiebout (IA)

    The drivers were included in docket No. FMCSA-2012-0107. Their 
exemptions are effective as of June 27, 2016, and will expire on June 
27, 2018.
    In accordance with 49 U.S.C. 31315, each exemption will be valid 
for two years from the effective date unless revoked earlier by FMCSA. 
The exemption will be revoked if the following occurs: (1) The person 
fails to comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
prior to being granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136 and 
31315.

    Issued on: February 27, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-04386 Filed 3-6-17; 8:45 am]
 BILLING CODE 4910-EX-P