Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 30940-30942 [2017-13929]
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30940
Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
49 CFR 391.41(b)(11) was adopted in
1970, with a revision in 1971 to allow
drivers to be qualified under this
standard while wearing a hearing aid,
35 FR 6458, 6463 (April 22, 1970) and
36 FR 12857 (July 3, 1971).
The five individuals listed in this
notice have requested renewal of their
exemptions from the hearing standard
in 49 CFR 391.41(b)(11), in accordance
with FMCSA procedures. Accordingly,
FMCSA has evaluated these
applications for renewal on their merits
and decided to extend each exemption
for a renewable two-year period.
sradovich on DSK3GMQ082PROD with NOTICES
II. Request for Comments
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.
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.
In accordance with 49 U.S.C. 31136(e)
and 31315, each of the twelve
applicants has satisfied the renewal
conditions for obtaining an exemption
from the hearing requirement (80 FR
57032; 80 FR 60747). In addition, for
Commercial Driver’s License (CDL)
holders, the Commercial Driver’s
License Information System (CDLIS)
and the Motor Carrier Management
Information System (MCMIS) are
searched for crash and violation data.
For non-CDL holders, the Agency
reviews the driving records from the
State Driver’s Licensing Agency (SDLA).
These factors provide an adequate basis
for predicting each driver’s ability to
continue to safely operate a CMV in
interstate commerce.
The five drivers in this notice remain
in good standing with the Agency and
have not exhibited any medical issues
that would compromise their ability to
safely operate a CMV during the
previous two-year exemption period.
FMCSA has concluded that renewing
the exemptions for each of these
applicants is likely to achieve a level of
safety equal to that existing without the
exemption. Therefore, FMCSA has
decided to renew each exemption for a
two-year period. In accordance with 49
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17:53 Jun 30, 2017
Jkt 241001
U.S.C. 31136(e) and 31315, each driver
has received a renewed exemption.
As of June 10, 2017, the following five
drivers have satisfied the renewal
conditions for obtaining an exemption
from the hearing requirement in 49 CFR
391.41(b)(11), from driving CMVs in
interstate commerce (78 FR 22708).
DEPARTMENT OF TRANSPORTATION
Thomas Carr (PA)
Robert Knapp (WI)
Keith Miller (PA)
Jeffrey Webber (OK)
Michael Wilkes (MA)
AGENCY:
The exemptions are extended subject
to the following conditions: (1) Each
driver must report any crashes or
accidents as defined in 49 CFR 390.5;
and (2) report all citations and
convictions for disqualifying offenses
under 49 CFR part 383 and 49 CFR 391
to FMCSA. In addition, the driver must
also have a copy of the exemption when
driving, for presentation to a duly
authorized Federal, State, or local
enforcement official. The driver is
prohibited from operating a motorcoach
or bus with passengers in interstate
commerce. The exemption does not
exempt the individual from meeting the
applicable CDL testing requirements.
Each exemption will be valid for two
years unless rescinded earlier by
FMCSA. The exemption will be
rescinded if: (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.
V. Conclusion
Based upon its evaluation of the nine
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the hearing requirement in
49 CFR 391.41 (b)(11). In accordance
with 49 U.S.C. 31136(e) and 31315, each
exemption will be valid for two years
unless revoked earlier by FMCSA.
Issued on: June 22, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–13931 Filed 6–30–17; 8:45 am]
BILLING CODE 4910–EX–P
Fmt 4703
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
FMCSA announces its
decision to exempt 49 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 May 31, 2017. The exemptions
expire on May 31, 2019.
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 8:30 a.m. to 5 p.m.
e.t., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
SUMMARY:
IV. Conditions and Requirements
Frm 00125
[FMCSA Docket No. FMCSA–2017–0031]
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
The drivers were included in
FMCSA–2014–0384. The exemptions
were effective on June 10, 2017, and
will expire on June 10, 2019.
PO 00000
Federal Motor Carrier Safety
Administration
Sfmt 4703
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 https://
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 www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
II. Background
On April 27, 2017, FMCSA published
a notice of receipt of Federal diabetes
exemption applications from 50
individuals and requested comments
from the public (82 FR 19438). The
E:\FR\FM\03JYN1.SGM
03JYN1
Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
public comment period closed on May
30, 2017, and two comments were
received.
FMCSA has evaluated the eligibility
of the 50 applicants and determined that
granting the exemptions to 49 of these
individuals 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).
sradovich on DSK3GMQ082PROD with NOTICES
Diabetes Mellitus and Driving
Experience of the Applicants
The Agency established the current
requirement for diabetes in 1970
because several risk studies indicated
that drivers with diabetes had a higher
rate of crash involvement than the
general population. The diabetes rule
provides that ‘‘A person is physically
qualified to drive a commercial motor
vehicle if that person has no established
medical history or clinical diagnosis of
diabetes mellitus currently requiring
insulin for control’’ (49 CFR
391.41(b)(3)).
FMCSA established its diabetes
exemption program, based on the
Agency’s July 2000 study entitled ‘‘A
Report to Congress on the Feasibility of
a Program to Qualify Individuals with
Insulin-Treated Diabetes Mellitus to
Operate in Interstate Commerce as
Directed by the Transportation Act for
the 21st Century.’’ The report concluded
that a safe and practicable protocol to
allow some drivers with ITDM to
operate CMVs is feasible. The
September 3, 2003 (68 FR 52441),
Federal Register notice in conjunction
with the November 8, 2005 (70 FR
67777), Federal Register notice provides
the current protocol for allowing such
drivers to operate CMVs in interstate
commerce.
These 50 applicants have had ITDM
over a range of 1 to 28 years. These
applicants report no severe
hypoglycemic reactions resulting in loss
of consciousness or seizure, requiring
the assistance of another person, or
resulting in impaired cognitive function
that occurred without warning
symptoms in the past 12 months and no
recurrent (2 or more) severe
hypoglycemic episodes in the past 5
years. In each case, an endocrinologist
verified that the driver has
demonstrated a willingness to properly
monitor and manage his/her diabetes
mellitus, received education related to
diabetes management, and is on a stable
insulin regimen. These drivers report no
other disqualifying conditions,
including diabetes-related
complications. Each meets the vision
requirement at 49 CFR 391.41(b)(10).
VerDate Sep<11>2014
17:53 Jun 30, 2017
Jkt 241001
The qualifications and medical
condition of each applicant were stated
and discussed in detail in the April 27,
2017, Federal Register notice and they
will not be repeated in this notice.
III. Discussion of Comments
FMCSA received two comments in
this proceeding. Charles W. Smith, who
is included in this docket, submitted a
comment asking if more information
was needed for his exemption. Mr.
Smith had a complete application at the
time he was published in the Federal
Register for the 30-day comment period.
Since no negative comments were
received regarding his case, he was
granted an exemption effective May 31,
2017. Robert E. Branigan, Jr., who is also
included on this docket, requested a
document stating he is now exempt
from the diabetes standard. An
exemption was granted and mailed to
him on May 31, 2017.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the diabetes requirement in 49 CFR
391.41(b)(3) if the exemption is likely to
achieve an equivalent or greater level of
safety than would be achieved without
the exemption. The exemption allows
the applicants to operate CMVs in
interstate commerce.
To evaluate the effect of these
exemptions on safety, FMCSA
considered medical reports about the
applicants’ ITDM and vision, and
reviewed the treating endocrinologists’
medical opinion related to the ability of
the driver to safely operate a CMV while
using insulin.
Consequently, FMCSA finds that in
each case exempting these applicants
from the diabetes requirement in 49 CFR
391.41(b)(3) is likely to achieve a level
of safety equal to that existing without
the exemption.
V. Conditions and Requirements
The terms and conditions of the
exemption will be provided to the
applicants in the exemption document
and they include the following: (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
PO 00000
Frm 00126
Fmt 4703
Sfmt 4703
30941
provide a copy of the ophthalmologist’s
or optometrist’s report to the medical
examiner at the time of the annual
medical examination; 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.
VI. Conclusion
Based upon its evaluation of the 50
exemption applications, FMCSA
exempts the following 49 drivers from
the diabetes requirement in 49 CFR
391.41(b)(3):
Ronald J. Boe (MN)
Robert E. Branigan, Jr. (PA)
Wayne P. Cashion (TN)
Randall J. Claeys (OR)
Ronald G. Dalle (NY)
Vincenzo Dellisola (NY)
Gary L.A. Driggers (GA)
Daniel L. Fernberg (WI)
Steven A. Grover (CO)
Kenneth L. Hawthorne (MS)
Matthew A. Huebner (IL)
James C. Hylton (VA)
Michael A. Jacobson (IA)
David C. Jossi (ID)
Randy J. Kean (KY)
Edward T. Klauck (MO)
Carl R. Knapp (WA)
Robert E. Knox (OR)
Oris Lormeus (NY)
James V. Maiorana (NY)
Jerry S. Malloy (OK)
James E. Mann, Jr. (NC)
Tremaine E. Mathews (TX)
Archie D. McCracken (NC)
William M. Nafus (PA)
David S.E. Patton (AR)
Andrew J. Peard (NE)
Ronald C. Pennyman (GA)
Matthew B. Phillips (IN)
Larry P. Pruitt (NC)
Jose L. Ramos (NM)
Danny L. Russell (NH)
Ronald M. Salas (CA)
Roger W. Senff (WY)
David M. Seswick (OH)
Charles W. Smith (VA)
Jeffery A. Stone (IN)
William C. Suozzo (PA)
Sean M. Sweeney (NJ)
Thomas W. Szaloy (NM)
John A. Tagtgren (MN)
Michael E. Thompson (WA)
John A. Wargo (WV)
Michael E. Weideman (SD)
Monty A. Weigum (ND)
Zachary B.J. Weihart (WI)
James M. Wenzel (MN)
Steven G. Wilcox (CA)
E:\FR\FM\03JYN1.SGM
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30942
Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
Nathaniel D. Winston (VA)
Gerald G. Blacklock (PA), who was
included in the request for comments
notice published on April 27, 2017 (82
FR 19438), ceased using insulin during
the comment period. As a result, he no
longer requires an exemption to operate
in interstate commerce and was not
issued one by the Agency.
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: June 22, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–13929 Filed 6–30–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2017–0056]
sradovich on DSK3GMQ082PROD with NOTICES
Notice of Application for Approval of
Discontinuance or Modification of a
Railroad Signal System
Under part 235 of Title 49 of the Code
of Federal Regulations (CFR) and 49
U.S.C. 20502(a), this document provides
the public notice that on May 23, 2017,
CSX Transportation (CSX) petitioned
the Federal Railroad Administration
(FRA) seeking approval for the
discontinuance or modification of a
signal system. FRA assigned the petition
Docket Number FRA–2017–0056.
Applicant: CSX Transportation, Mr.
Harry C. Rhoades, Director PMO C&S,
500 Water Street, Speed Code J—350,
Jacksonville, FL 32202.
CSX seeks to modify the signal system
between milepost (MP) QHE–0.00 to MP
QHE–2.70, and MP QHX–0.00 to MP
QHX–1.20, and MP QHW–0.00 to MP
QHW–1.20, on the Baltimore Division,
Philadelphia Subdivision, Philadelphia,
PA.
CSX proposes to discontinue cab
signals; install electronic track circuits,
frame communication circuits, Positive
Train Control (PTC) compatible
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17:53 Jun 30, 2017
Jkt 241001
microprocessor based vital logic
controllers, and replace wayside signals.
The reason CSX gives for the
proposed modification is that it will be
done in conjunction with other
modifications to the signal system to
prepare for PTC implementation.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
the U.S. Department of Transportation’s
(DOT) Docket Operations Facility, 1200
New Jersey Avenue SE., W12–140,
Washington, DC 20590. The Docket
Operations Facility is open from 9 a.m.
to 5 p.m., Monday through Friday,
except Federal Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested parties desire
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Web site: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE., W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue SE., Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by August
17, 2017 will be considered by FRA
before final action is taken. Comments
received after that date will be
considered if practicable.
Anyone can search the electronic
form of any written communications
and comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
document, if submitted on behalf of an
association, business, labor union, etc.).
Under U.S.C. 553(c), DOT solicits
comments from the public to better
inform its processes. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
PO 00000
Frm 00127
Fmt 4703
Sfmt 4703
be reviewed at https://
www.transportation.gov/privacy. See
also https://www.regulations.gov/
privacyNotice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety
Chief Safety Officer.
[FR Doc. 2017–13975 Filed 6–30–17; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Intelligent Transportation Systems
Program Advisory Committee; Notice
of Meeting
ITS Joint Program Office, Office
of the Assistant Secretary for Research
and Technology, U.S. Department of
Transportation.
ACTION: Notice.
AGENCY:
The Intelligent Transportation
Systems (ITS) Program Advisory
Committee (ITS PAC) will hold a
meeting on July 18 & 19, 2017, from 8:30
a.m. to 3:00 p.m. (EDT) in the
Doubletree Crystal City Hotel, 300 Army
Navy Drive, Arlington, VA 22202.
The ITS PAC, established under
Section 5305 of Public Law 109–59,
Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users, August 10, 2005, and reestablished under Section 6007 of
Public Law 114–94, Fixing America’s
Surface Transportation (FAST) Act,
December 4, 2015, was created to advise
the Secretary of Transportation on all
matters relating to the study,
development, and implementation of
intelligent transportation systems.
Through its sponsor, the ITS Joint
Program Office (JPO), the ITS PAC
makes recommendations to the
Secretary regarding ITS Program needs,
objectives, plans, approaches, content,
and progress.
The following is a summary of the
meeting tentative agenda: (1) Welcome,
(2) Subcommittee Breakout Sessions
and Updates to Committee, (3)
Connected Vehicle Discussion, (4)
Discussion of Potential Advice
Memorandum Topics, (5) Summary and
Adjourn.
The meeting will be open to the
public, but limited space will be
available on a first-come, first-served
basis. Members of the public who wish
to present oral statements at the meeting
must submit a request to ITSPAC@
dot.gov, not later than July 7, 2017.
Questions about the agenda or written
comments may be submitted by U.S.
Mail to: U.S. Department of
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]]>Agencies
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30940-30942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13929]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2017-0031]
Qualification of Drivers; Exemption Applications; Diabetes
Mellitus
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to exempt 49 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 May 31, 2017. The exemptions
expire on May 31, 2019.
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 8:30 a.m. to 5 p.m.
e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
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 https://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 www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
II. Background
On April 27, 2017, FMCSA published a notice of receipt of Federal
diabetes exemption applications from 50 individuals and requested
comments from the public (82 FR 19438). The
[[Page 30941]]
public comment period closed on May 30, 2017, and two comments were
received.
FMCSA has evaluated the eligibility of the 50 applicants and
determined that granting the exemptions to 49 of these individuals
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).
Diabetes Mellitus and Driving Experience of the Applicants
The Agency established the current requirement for diabetes in 1970
because several risk studies indicated that drivers with diabetes had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal
Register notice in conjunction with the November 8, 2005 (70 FR 67777),
Federal Register notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
These 50 applicants have had ITDM over a range of 1 to 28 years.
These applicants report no severe hypoglycemic reactions resulting in
loss of consciousness or seizure, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning symptoms in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the past 5 years. In each case,
an endocrinologist verified that the driver has demonstrated a
willingness to properly monitor and manage his/her diabetes mellitus,
received education related to diabetes management, and is on a stable
insulin regimen. These drivers report no other disqualifying
conditions, including diabetes-related complications. Each meets the
vision requirement at 49 CFR 391.41(b)(10).
The qualifications and medical condition of each applicant were
stated and discussed in detail in the April 27, 2017, Federal Register
notice and they will not be repeated in this notice.
III. Discussion of Comments
FMCSA received two comments in this proceeding. Charles W. Smith,
who is included in this docket, submitted a comment asking if more
information was needed for his exemption. Mr. Smith had a complete
application at the time he was published in the Federal Register for
the 30-day comment period. Since no negative comments were received
regarding his case, he was granted an exemption effective May 31, 2017.
Robert E. Branigan, Jr., who is also included on this docket, requested
a document stating he is now exempt from the diabetes standard. An
exemption was granted and mailed to him on May 31, 2017.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption
is likely to achieve an equivalent or greater level of safety than
would be achieved without the exemption. The exemption allows the
applicants to operate CMVs in interstate commerce.
To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is
likely to achieve a level of safety equal to that existing without the
exemption.
V. Conditions and Requirements
The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(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 provide
a copy of the ophthalmologist's or optometrist's report to the medical
examiner at the time of the annual medical examination; 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.
VI. Conclusion
Based upon its evaluation of the 50 exemption applications, FMCSA
exempts the following 49 drivers from the diabetes requirement in 49
CFR 391.41(b)(3):
Ronald J. Boe (MN)
Robert E. Branigan, Jr. (PA)
Wayne P. Cashion (TN)
Randall J. Claeys (OR)
Ronald G. Dalle (NY)
Vincenzo Dellisola (NY)
Gary L.A. Driggers (GA)
Daniel L. Fernberg (WI)
Steven A. Grover (CO)
Kenneth L. Hawthorne (MS)
Matthew A. Huebner (IL)
James C. Hylton (VA)
Michael A. Jacobson (IA)
David C. Jossi (ID)
Randy J. Kean (KY)
Edward T. Klauck (MO)
Carl R. Knapp (WA)
Robert E. Knox (OR)
Oris Lormeus (NY)
James V. Maiorana (NY)
Jerry S. Malloy (OK)
James E. Mann, Jr. (NC)
Tremaine E. Mathews (TX)
Archie D. McCracken (NC)
William M. Nafus (PA)
David S.E. Patton (AR)
Andrew J. Peard (NE)
Ronald C. Pennyman (GA)
Matthew B. Phillips (IN)
Larry P. Pruitt (NC)
Jose L. Ramos (NM)
Danny L. Russell (NH)
Ronald M. Salas (CA)
Roger W. Senff (WY)
David M. Seswick (OH)
Charles W. Smith (VA)
Jeffery A. Stone (IN)
William C. Suozzo (PA)
Sean M. Sweeney (NJ)
Thomas W. Szaloy (NM)
John A. Tagtgren (MN)
Michael E. Thompson (WA)
John A. Wargo (WV)
Michael E. Weideman (SD)
Monty A. Weigum (ND)
Zachary B.J. Weihart (WI)
James M. Wenzel (MN)
Steven G. Wilcox (CA)
[[Page 30942]]
Nathaniel D. Winston (VA)
Gerald G. Blacklock (PA), who was included in the request for
comments notice published on April 27, 2017 (82 FR 19438), ceased using
insulin during the comment period. As a result, he no longer requires
an exemption to operate in interstate commerce and was not issued one
by the Agency.
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: June 22, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-13929 Filed 6-30-17; 8:45 am]
BILLING CODE 4910-EX-P
