Qualification of Drivers; Exemption Applications; Diabetes, 19435-19438 [2017-08498]
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Federal Register / Vol. 82, No. 80 / Thursday, April 27, 2017 / Notices
Jeffrey D. Griffin (NC)
Daryll A. Grinkey (IL)
Daniel J. Irving (MD)
Charles B. Jesness (CO)
Derrick Johnson (IL)
Robert F. King (NY)
Henry D. Lyons (CT)
Owen L. MacDonald (KS)
Edwin Martinez, Jr. (DE)
Joseph Murray (KS)
Bryan J. Orcutt (ID)
Jesus H. Oseguera (ID)
Eugenio J. Pereira (NJ)
Brian R. Repp (WI)
Michael W. Robinson (MD)
Reynaldo Roman (NY)
David A. Rosen (PA)
Joseph C. Schulte (OH)
Byron L. Short (CO)
George W. Sparrow (RI)
Gabriel S. Stevens (CT)
Stanford A. Tilghman (PA)
Joshua F. Tolman (UT)
Thomas W. Truitt (WY)
Joseph G. Volz (WI)
David B. Watson (FL)
Curtis D. Weinman (WA)
Charlie A. Williams (NC)
Timothy J. Williamson (GA)
Mark E. Wisecarver (PA)
In accordance with 49 U.S.C. 31136(e)
and 31315 each exemption is valid for
two years 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 before it
was granted; or (3) continuation of the
exemption would not be consistent with
the goals and objectives of 49 U.S.C.
31136(e) and 31315. If the exemption is
still effective at the end of the 2-year
period, the person may apply to FMCSA
for a renewal under procedures in effect
at that time.
Issued on: April 19, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–08497 Filed 4–26–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
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Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2005–22177; FMCSA–
2005–22905; FMCSA–2006–26600; FMCSA–
2008–0009; FMCSA–2008–0399; FMCSA–
2009–0055; FMCSA–2011–0011; FMCSA–
2011–0025; FMCSA–2013–0011; FMCSA–
2013–0013; FMCSA–2014–0314]
Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
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17:07 Apr 26, 2017
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Notice of renewal of
exemptions; request for comments.
ACTION:
FMCSA announces its
decision to renew the exemptions of 135
individuals from its rule prohibiting
persons with insulin-treated diabetes
mellitus (ITDM) from operating
commercial motor vehicles (CMVs) in
interstate commerce. FMCSA has
statutory authority to exempt
individuals from this rule if the
exemptions granted will not
compromise safety. The Agency has
concluded that granting these
exemption renewals will provide a level
of safety that is equivalent to or greater
than the level of safety maintained
without the exemptions for these CMV
drivers.
DATES: Each group of renewed
exemptions are effective from the dates
stated in the discussions below.
Comments must be received on or
before May 30, 2017.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
FMCSA–2005–22177; FMCSA–2005–
22905; FMCSA–2006–26600; FMCSA–
2008–0009; FMCSA–2008–0399;
FMCSA–2009–0055; FMCSA–2011–
0011; FMCSA–2011–0025; FMCSA–
2013–0011; FMCSA–2013–0013;
FMCSA–2014–0314 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
SUMMARY:
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19435
Friday, except Federal holidays. The
Federal Docket Management System
(FDMS) is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or of the person signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s Privacy Act
Statement for the Federal Docket
Management System (FDMS) published
in the Federal Register on January 17,
2008 (73 FR 3316).
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, 202–366–4001,
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:
I. 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 135 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.
II. Exemption Decision
This notice addresses 135 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. These 135 drivers remain in
good standing with the Agency, have
maintained their required medical
monitoring and have not exhibited any
medical issues that would compromise
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Federal Register / Vol. 82, No. 80 / Thursday, April 27, 2017 / Notices
their ability to safely operate a CMV
during the previous 2-year exemption
period. Therefore, FMCSA has decided
to extend each exemption for a
renewable two-year period. Each
individual is identified according to the
renewal date.
The exemptions are renewed subject
to the following conditions: (1) That
each individual submit a quarterly
monitoring checklist completed by the
treating endocrinologist as well as an
annual checklist with a comprehensive
medical evaluation; (2) that each
individual reports within 2 business
days of occurrence, all episodes of
severe hypoglycemia, significant
complications, or inability to manage
diabetes; also, any involvement in an
accident or any other adverse event in
a CMV or personal vehicle, whether or
not it is related to an episode of
hypoglycemia; (3) that each individual
submit an annual ophthalmologist’s or
optometrist’s report; and (4) that each
individual provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file, or keep a copy in his/her driver’s
qualification file if he/she is 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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III. 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
April and are discussed below.
As of April 2, 2017, 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 (78 FR 7852; 79
FR 19798):
Isaias Gomez (IN)
Brandon E. Hamlett (NV)
Douglas F. Keller (MI)
Mark R. Loesel (WI)
Jason E. McAnnally (AL)
Samuel L. Sergio (MA)
Paul M. Shierk (OR)
David W. West (MO)
Eugene R. Zollner II (OH)
The drivers were included in Docket
No. FMCSA–2013–0011. Their
exemptions are effective as of April 2,
2017, and will expire on April 2, 2019.
As of April 5, 2017, and in accordance
with 49 U.S.C. 31136(e) and 31315,
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17:07 Apr 26, 2017
Jkt 241001
James R. Moretz, Jr. (PA) has satisfied
the renewal conditions for obtaining an
exemption from the rule prohibiting
drivers with ITDM from driving CMVs
in interstate commerce (70 FR 60875; 71
FR 17159).
This driver was included in docket
No. FMCSA–2005–22177. The
exemption is effective as of April 5,
2017, and will expire on April 5, 2019.
As of April 6, 2017, and in accordance
with 49 U.S.C. 31136(e) and 31315, the
following 11 individuals have satisfied
the renewal conditions for obtaining an
exemption from the rule prohibiting
drivers with ITDM from driving CMVs
in interstate commerce (74 FR 7093; 74
FR 15577):
Daniel J. Conner (PA)
Luis G. Garcia (FL)
Joey M. Godinho (CA)
Gerardo Gonzalez (WI)
Edwin L. Haynie (TX)
Darryl D. Hewitt (CA)
Mark D. Hoag (WA)
Patrick H. Junkins (SC)
Jeffrey D. Moul (SD)
Frank B. Rivett (NY)
Michael L. Wise (IN)
The drivers were included in docket
No. FMCSA–2008–0399. Their
exemptions are effective as of April 6,
2017, and will expire on April 6, 2019.
As of April 7, 2017, and in accordance
with 49 U.S.C. 31136(e) and 31315, the
following 3 individuals have satisfied
the renewal conditions for obtaining an
exemption from the rule prohibiting
drivers with ITDM from driving CMVs
in interstate commerce (70 FR 75236; 71
FR 17943):
Roy G. Hill (KY)
Anthony D. Izzi (RI)
Kenneth L. Pogue (MO)
The drivers were included in docket
No. FMCSA–2005–22905. Their
exemptions are effective as of April 7,
2017, and will expire on April 7, 2019.
As of April 18, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 27 individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(80 FR 14232; 80 FR 26986):
Scott A. Anderson (MN)
Peter A. Breister (WI)
Donald J. Carino (IL)
Marc B. Curtis (NV)
Aaron M. Dixon (SD)
Bradley O. Gibson (TX)
Theodore F. Griffith (MA)
Lawrence E. Handel (OR)
Danny P. Hersh (NE)
Bryan W. Hughes-Gariepy (NY)
James L. Johnson (GA)
Thomas Landis (IL)
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Grant L. Lupold (PA)
Nathan R. McGathey (IN)
Mark A. Mesnard (OH)
Gene K. Milburn (ID)
Andrew M. Oliver (MI)
Richard L. Peak (KS)
Anthony P. Reith (PA)
Steven Smith (FL)
Robert L. Snyder (MA)
John H. Spierings (WI)
Robert E. Stokes (WA)
Corey R. Sturm (IN)
Christopher W. Williams (ID)
Robert L. Witt (VT)
Paul G. Wright (CO)
The drivers were included in docket
No. FMCSA–2014–0314. Their
exemptions are effective as of April 18,
2017, and will expire on April 18, 2019.
As of April 22, 2017, 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
(74 FR 9467; 74 FR 18436):
Scott D. Baroch (MT)
Michael G. Chisum (NM)
Timothy N. Davenport (TN)
Henry S. Glover (TX)
James R. Halliday (NY)
Nathan M. Hennix (ND)
Wilbert E. Isadore (TX)
Eddie J. Nosser (MO)
Joseph C. Perrin III (MN)
Ronald A. Stachura (WI)
The drivers were included in docket
No. FMCSA–2009–0055. Their
exemptions are effective as of April 22,
2017, and will expire on April 22, 2019.
As of April 24, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 19 individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(78 FR 14406; 78 FR 24303):
Christopher R. Anderson (MN)
Brent T. Applebury (MO)
Jospeh A. Auchterlonie (NH)
Brett D. Bertagnolli (IN)
Brian T. Bofenkamp (WA)
Scott A. Carlson (PA)
John Fityere (NJ)
Ronald A. Heaps (OH)
Martin A. Houts (IA)
Michael T. Kraft (MN)
Kris W. Lindsay (KS)
Edward M. Luczynski (NJ)
John E. Ruth (IL)
Greggory A. Smith (MO)
James M. Torkildson (WI)
Terry R. Washa (NE)
Alfred J. Williams (VA)
Scott B. Wood (ND)
James L. Zore (IN)
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Federal Register / Vol. 82, No. 80 / Thursday, April 27, 2017 / Notices
The drivers were included in docket
No. FMCSA–2013–0013. Their
exemptions are effective as of April 24,
2017, and will expire on April 24, 2019.
As of April 25, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 36 individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(73 FR 11982; 73 FR 22456; 76 FR 9854;
76 FR 9862; 76 FR 22940; 76 FR 22941):
Ryan N. Adams (CA)
Kevin J. Agler (IN)
Michael B. Bessinger (UT)
Douglas D. Brown (WI)
Warren S. Brown (GA)
Roger R. Cabana (ME)
Steven W. Ceckiewicz (WI)
Joseph F. Colbert (PA)
Daniel E. Coufal (NE)
Gregory M. Cox (NY)
Dennis J. Dallmann (MN)
Bruce R. Davis (NJ)
Michael B. Elzey (WY)
Earl S. Fibish (CA)
Todd W. Gillespie (NY)
Omar S. Griffin, Jr. (MN)
Richard E. Grunden (ND)
Mark Hall (NJ)
Michael B. Heuett (ID)
Dennis P. Hohnerlein (GA)
Todd A. Kozemchak (PA)
Chad M. Kunkel (MN)
Paul F. Lanich (PA)
Kenneth L. Lefeld (OH)
Daryl G. Lewis (TX)
Jeffrey S. Lomber (MI)
Joseph G. McDonald (MD)
Alan J. Mitchell (DE)
Raymond P. Mora, Sr. (AZ)
James L. Mynars (MN)
John R. Pile (IN)
Dale A. Roberts (IA)
Richard S. Synakowski (NY)
Bruce K. Thomas (NY)
Kory M. Tobias (IL)
Kevin J. Van Horn (MI)
The drivers were included in one of
the following docket Nos: FMCSA–
2008–0009; FMCSA–2011–0011;
FMCSA–2011–0025. Their exemptions
are effective as of April 25, 2017, and
will expire on April 25, 2019.
As of April 28, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, Spencer J. Olson (ID) has
satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(80 FR 14232; 80 FR 26986).
This driver was included in docket
No. FMCSA–2014–0314. The exemption
is effective as of April 28, 2017, and will
expire on April 28, 2019.
As of April 30, 2017, and in
accordance with 49 U.S.C. 31136(e) and
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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
(72 FR 9399; 72 FR 21316):
Daniel W. Bezdek (OH)
Jason L. Freeseman (IA)
Rusty W. Frost (NM)
Andrew J. Hayek (WI)
Gary L. Koehn (NE)
Edward T. Megee (CA)
Steven T. Moody (AL)
Timothy W. Nelson (MN)
Richard W. Newman (NY)
Jamison P. Noel (IA)
Rex S. Norquist (KS)
Steven B. Novak (CA)
Russell D. Rockefeller (NY)
Scott W. Sheerer (OH)
Richard L. Strange (IA)
Samuel G. Thiel (ND)
Robert J. Varetoni (NJ)
Michael R. Vaupel (KS)
The drivers were included in docket
No. FMCSA–2006–26600. Their
exemptions are effective as of April 30,
2017, and will expire on April 30, 2019.
Each of the 135 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 135 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–
2005–22177; FMCSA–2005–22905;
FMCSA–2006–26600; FMCSA–2008–
0009; FMCSA–2008–0399; FMCSA–
2009–0055; FMCSA–2011–0011;
FMCSA–2011–0025; FMCSA–2013–
0011; FMCSA–2013–0013; FMCSA–
2014–0314.
IV. 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 May 30,
2017.
FMCSA believes that the
requirements for a renewal of an
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19437
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 135
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.
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
https://www.regulations.gov and in the
search box insert the docket numbers
FMCSA–2005–22177; FMCSA–2005–
22905; FMCSA–2006–26600; FMCSA–
2008–0009; FMCSA–2008–0399;
FMCSA–2009–0055; FMCSA–2011–
0011; FMCSA–2011–0025; FMCSA–
2013–0011; FMCSA–2013–0013;
FMCSA–2014–0314 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
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provide a reason for each suggestion or
recommendation. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope.
We will consider all comments and
material received during the comment
period. FMCSA may issue a final
determination at any time after the close
of the comment period.
VI. Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
go to https://www.regulations.gov and in
the search box insert the docket number
FMCSA–2005–22177; FMCSA–2005–
22905; FMCSA–2006–26600; FMCSA–
2008–0009; FMCSA–2008–0399;
FMCSA–2009–0055; FMCSA–2011–
0011; FMCSA–2011–0025; FMCSA–
2013–0011; FMCSA–2013–0013;
FMCSA–2014–0314 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
Dated: April 19, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–08498 Filed 4–26–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0031]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation.
ACTION: Notice of applications for
exemptions; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 50 individuals for
exemption from the prohibition against
persons with insulin-treated diabetes
mellitus (ITDM) operating commercial
motor vehicles (CMVs) in interstate
commerce. If granted, the exemptions
would enable these individuals with
ITDM to operate CMVs in interstate
commerce.
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SUMMARY:
Comments must be received on
or before May 30, 2017.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
DATES:
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17:07 Apr 26, 2017
Jkt 241001
2017–0031 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online 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: 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 numbers for this notice. Note
that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below for
further information.
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 selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments online.
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 www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
113, Washington, DC 20590–0001.
Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the Federal Motor Carrier Safety
Regulations for a 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 50 individuals listed in this
notice have recently requested such an
exemption from the diabetes prohibition
in 49 CFR 391.41(b) (3), which applies
to drivers of CMVs in interstate
commerce. Accordingly, the Agency
will evaluate the qualifications of each
applicant to determine whether granting
the exemption will achieve the required
level of safety mandated by statute.
II. Qualifications of Applicants
Gerald G. Blacklock
Mr. Blacklock, 65, has had ITDM
since 2016. His endocrinologist
examined him in 2017 and certified that
he has had no severe hypoglycemic
reactions resulting in loss of
consciousness, requiring the assistance
of another person, or resulting in
impaired cognitive function that
occurred without warning in the past 12
months and no recurrent (2 or more)
severe hypoglycemic episodes in the
last 5 years. His endocrinologist certifies
that Mr. Blacklock understands diabetes
management and monitoring, has stable
control of his diabetes using insulin,
and is able to drive a CMV safely. Mr.
Blacklock meets the requirements of the
vision standard at 49 CFR 391.41(b)(10).
His optometrist examined him in 2017
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Pennsylvania.
Ronald J. Boe
Mr. Boe, 67, has had ITDM since
2016. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Boe understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Boe meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist
examined him in 2016 and certified that
he has stable nonproliferative diabetic
E:\FR\FM\27APN1.SGM
27APN1
]]>Agencies
[Federal Register Volume 82, Number 80 (Thursday, April 27, 2017)]
[Notices]
[Pages 19435-19438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08498]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2005-22177; FMCSA-2005-22905; FMCSA-2006-26600;
FMCSA-2008-0009; FMCSA-2008-0399; FMCSA-2009-0055; FMCSA-2011-0011;
FMCSA-2011-0025; FMCSA-2013-0011; FMCSA-2013-0013; FMCSA-2014-0314]
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 135
individuals from its rule prohibiting persons with insulin-treated
diabetes mellitus (ITDM) from operating commercial motor vehicles
(CMVs) in interstate commerce. FMCSA has statutory authority to exempt
individuals from this rule if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these CMV drivers.
DATES: Each group of renewed exemptions are effective from the dates
stated in the discussions below. Comments must be received on or before
May 30, 2017.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. FMCSA-2005-22177; FMCSA-
2005-22905; FMCSA-2006-26600; FMCSA-2008-0009; FMCSA-2008-0399; FMCSA-
2009-0055; FMCSA-2011-0011; FMCSA-2011-0025; FMCSA-2013-0011; FMCSA-
2013-0013; FMCSA-2014-0314 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:
I. 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 135 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.
II. Exemption Decision
This notice addresses 135 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. These 135 drivers
remain in good standing with the Agency, have maintained their required
medical monitoring and have not exhibited any medical issues that would
compromise
[[Page 19436]]
their ability to safely operate a CMV during the previous 2-year
exemption period. Therefore, FMCSA has decided to extend each exemption
for a renewable two-year period. Each individual is identified
according to the renewal date.
The exemptions are renewed subject to the following conditions: (1)
That each individual submit a quarterly monitoring checklist completed
by the treating endocrinologist as well as an annual checklist with a
comprehensive medical evaluation; (2) that each individual reports
within 2 business days of occurrence, all episodes of severe
hypoglycemia, significant complications, or inability to manage
diabetes; also, any involvement in an accident or any other adverse
event in a CMV or personal vehicle, whether or not it is related to an
episode of hypoglycemia; (3) that each individual submit an annual
ophthalmologist's or optometrist's report; and (4) that each individual
provide a copy of the annual medical certification to the employer for
retention in the driver's qualification file, or keep a copy in his/her
driver's qualification file if he/she is self-employed. The driver must
also have a copy of the certification when driving, for presentation to
a duly authorized Federal, State, or local enforcement official.
III. 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 April and are
discussed below.
As of April 2, 2017, 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 (78 FR 7852; 79 FR
19798):
Isaias Gomez (IN)
Brandon E. Hamlett (NV)
Douglas F. Keller (MI)
Mark R. Loesel (WI)
Jason E. McAnnally (AL)
Samuel L. Sergio (MA)
Paul M. Shierk (OR)
David W. West (MO)
Eugene R. Zollner II (OH)
The drivers were included in Docket No. FMCSA-2013-0011. Their
exemptions are effective as of April 2, 2017, and will expire on April
2, 2019.
As of April 5, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, James R. Moretz, Jr. (PA) has satisfied the renewal conditions
for obtaining an exemption from the rule prohibiting drivers with ITDM
from driving CMVs in interstate commerce (70 FR 60875; 71 FR 17159).
This driver was included in docket No. FMCSA-2005-22177. The
exemption is effective as of April 5, 2017, and will expire on April 5,
2019.
As of April 6, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 11 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (74 FR 7093; 74 FR
15577):
Daniel J. Conner (PA)
Luis G. Garcia (FL)
Joey M. Godinho (CA)
Gerardo Gonzalez (WI)
Edwin L. Haynie (TX)
Darryl D. Hewitt (CA)
Mark D. Hoag (WA)
Patrick H. Junkins (SC)
Jeffrey D. Moul (SD)
Frank B. Rivett (NY)
Michael L. Wise (IN)
The drivers were included in docket No. FMCSA-2008-0399. Their
exemptions are effective as of April 6, 2017, and will expire on April
6, 2019.
As of April 7, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 3 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (70 FR 75236; 71 FR
17943):
Roy G. Hill (KY)
Anthony D. Izzi (RI)
Kenneth L. Pogue (MO)
The drivers were included in docket No. FMCSA-2005-22905. Their
exemptions are effective as of April 7, 2017, and will expire on April
7, 2019.
As of April 18, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 27 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (80 FR 14232; 80 FR
26986):
Scott A. Anderson (MN)
Peter A. Breister (WI)
Donald J. Carino (IL)
Marc B. Curtis (NV)
Aaron M. Dixon (SD)
Bradley O. Gibson (TX)
Theodore F. Griffith (MA)
Lawrence E. Handel (OR)
Danny P. Hersh (NE)
Bryan W. Hughes-Gariepy (NY)
James L. Johnson (GA)
Thomas Landis (IL)
Grant L. Lupold (PA)
Nathan R. McGathey (IN)
Mark A. Mesnard (OH)
Gene K. Milburn (ID)
Andrew M. Oliver (MI)
Richard L. Peak (KS)
Anthony P. Reith (PA)
Steven Smith (FL)
Robert L. Snyder (MA)
John H. Spierings (WI)
Robert E. Stokes (WA)
Corey R. Sturm (IN)
Christopher W. Williams (ID)
Robert L. Witt (VT)
Paul G. Wright (CO)
The drivers were included in docket No. FMCSA-2014-0314. Their
exemptions are effective as of April 18, 2017, and will expire on April
18, 2019.
As of April 22, 2017, 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 (74 FR 9467; 74 FR
18436):
Scott D. Baroch (MT)
Michael G. Chisum (NM)
Timothy N. Davenport (TN)
Henry S. Glover (TX)
James R. Halliday (NY)
Nathan M. Hennix (ND)
Wilbert E. Isadore (TX)
Eddie J. Nosser (MO)
Joseph C. Perrin III (MN)
Ronald A. Stachura (WI)
The drivers were included in docket No. FMCSA-2009-0055. Their
exemptions are effective as of April 22, 2017, and will expire on April
22, 2019.
As of April 24, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 19 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (78 FR 14406; 78 FR
24303):
Christopher R. Anderson (MN)
Brent T. Applebury (MO)
Jospeh A. Auchterlonie (NH)
Brett D. Bertagnolli (IN)
Brian T. Bofenkamp (WA)
Scott A. Carlson (PA)
John Fityere (NJ)
Ronald A. Heaps (OH)
Martin A. Houts (IA)
Michael T. Kraft (MN)
Kris W. Lindsay (KS)
Edward M. Luczynski (NJ)
John E. Ruth (IL)
Greggory A. Smith (MO)
James M. Torkildson (WI)
Terry R. Washa (NE)
Alfred J. Williams (VA)
Scott B. Wood (ND)
James L. Zore (IN)
[[Page 19437]]
The drivers were included in docket No. FMCSA-2013-0013. Their
exemptions are effective as of April 24, 2017, and will expire on April
24, 2019.
As of April 25, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 36 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (73 FR 11982; 73 FR
22456; 76 FR 9854; 76 FR 9862; 76 FR 22940; 76 FR 22941):
Ryan N. Adams (CA)
Kevin J. Agler (IN)
Michael B. Bessinger (UT)
Douglas D. Brown (WI)
Warren S. Brown (GA)
Roger R. Cabana (ME)
Steven W. Ceckiewicz (WI)
Joseph F. Colbert (PA)
Daniel E. Coufal (NE)
Gregory M. Cox (NY)
Dennis J. Dallmann (MN)
Bruce R. Davis (NJ)
Michael B. Elzey (WY)
Earl S. Fibish (CA)
Todd W. Gillespie (NY)
Omar S. Griffin, Jr. (MN)
Richard E. Grunden (ND)
Mark Hall (NJ)
Michael B. Heuett (ID)
Dennis P. Hohnerlein (GA)
Todd A. Kozemchak (PA)
Chad M. Kunkel (MN)
Paul F. Lanich (PA)
Kenneth L. Lefeld (OH)
Daryl G. Lewis (TX)
Jeffrey S. Lomber (MI)
Joseph G. McDonald (MD)
Alan J. Mitchell (DE)
Raymond P. Mora, Sr. (AZ)
James L. Mynars (MN)
John R. Pile (IN)
Dale A. Roberts (IA)
Richard S. Synakowski (NY)
Bruce K. Thomas (NY)
Kory M. Tobias (IL)
Kevin J. Van Horn (MI)
The drivers were included in one of the following docket Nos:
FMCSA-2008-0009; FMCSA-2011-0011; FMCSA-2011-0025. Their exemptions are
effective as of April 25, 2017, and will expire on April 25, 2019.
As of April 28, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, Spencer J. Olson (ID) has satisfied the renewal conditions for
obtaining an exemption from the rule prohibiting drivers with ITDM from
driving CMVs in interstate commerce (80 FR 14232; 80 FR 26986).
This driver was included in docket No. FMCSA-2014-0314. The
exemption is effective as of April 28, 2017, and will expire on April
28, 2019.
As of April 30, 2017, 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 (72 FR 9399; 72 FR
21316):
Daniel W. Bezdek (OH)
Jason L. Freeseman (IA)
Rusty W. Frost (NM)
Andrew J. Hayek (WI)
Gary L. Koehn (NE)
Edward T. Megee (CA)
Steven T. Moody (AL)
Timothy W. Nelson (MN)
Richard W. Newman (NY)
Jamison P. Noel (IA)
Rex S. Norquist (KS)
Steven B. Novak (CA)
Russell D. Rockefeller (NY)
Scott W. Sheerer (OH)
Richard L. Strange (IA)
Samuel G. Thiel (ND)
Robert J. Varetoni (NJ)
Michael R. Vaupel (KS)
The drivers were included in docket No. FMCSA-2006-26600. Their
exemptions are effective as of April 30, 2017, and will expire on April
30, 2019.
Each of the 135 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
135 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-2005-22177; FMCSA-2005-22905; FMCSA-
2006-26600; FMCSA-2008-0009; FMCSA-2008-0399; FMCSA-2009-0055; FMCSA-
2011-0011; FMCSA-2011-0025; FMCSA-2013-0011; FMCSA-2013-0013; FMCSA-
2014-0314.
IV. 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 May 30, 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 135 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.
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 https://www.regulations.gov and
in the search box insert the docket numbers FMCSA-2005-22177; FMCSA-
2005-22905; FMCSA-2006-26600; FMCSA-2008-0009; FMCSA-2008-0399; FMCSA-
2009-0055; FMCSA-2011-0011; FMCSA-2011-0025; FMCSA-2013-0011; FMCSA-
2013-0013; FMCSA-2014-0314 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
[[Page 19438]]
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.
VI. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble, go to https://www.regulations.gov and in the search box insert
the docket number FMCSA-2005-22177; FMCSA-2005-22905; FMCSA-2006-26600;
FMCSA-2008-0009; FMCSA-2008-0399; FMCSA-2009-0055; FMCSA-2011-0011;
FMCSA-2011-0025; FMCSA-2013-0011; FMCSA-2013-0013; FMCSA-2014-0314 and
click ``Search.'' Next, click ``Open Docket Folder'' and you will find
all documents and comments related to this notice.
Dated: April 19, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-08498 Filed 4-26-17; 8:45 am]
BILLING CODE 4910-EX-P
