Qualification of Drivers; Exemption Applications; Diabetes |
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Larry W. Minor
Federal Motor Carrier Safety Administration
28 June 2016
[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Notices]
[Pages 42052-42054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15222]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2006-2575; FMCSA-2011-0193; FMCSA-2011-0194; FMCSA-
2013-0183; FMCSA-2013-0186; FMCSA-2013-0188; FMCSA-2013-0189]
Qualification of Drivers; Exemption Applications; Diabetes
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemption; request for comments.
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SUMMARY: FMCSA announces its decision to renew the exemptions from its
rule prohibiting persons with insulin-treated diabetes mellitus (ITDM)
from operating commercial motor vehicles (CMVs) in interstate commerce
for 90 individuals. 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.
FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical
Programs Division, 202-366-4001, fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5:00 p.m.
Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
I. Electronic Access
You may submit comments using the following Federal Docket
Management System (FDMS) Docket Nos. discussed in this notice using any
of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
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 http://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 http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., 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: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these
[[Page 42053]]
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 November 6, 2015, FMCSA published a notice of intent to renew
the exemptions of drivers who have previously held exemptions, and
requested comments from the public (80 FR 68895). The 90 individuals
have held exemptions from the Agency's rule prohibiting persons with
ITDM from operating CMVs in interstate commerce.
Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption in
49 CFR 391.41(b)(3), which applies to drivers of CMVs in interstate
commerce, for a two-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
procedures for requesting an exemption (including renewals) are set out
in 49 CFR part 381.
III. 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. FMCSA encourages you to participate by
submitting comments and related materials.
IV. Basis for Renewing Exemptions
This notice addresses 90 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 90 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period.
In accordance with 49 U.S.C. 31136(e) and 31315, the following
groups of drivers received renewed exemptions in the month of November
and are discussed below.
As of November 1, 2015 the following 17 individuals have satisfied
conditions for obtaining a renewed exemption from the rule prohibiting
drivers with ITDM from driving CMVs in interstate commerce (78 FR
50482; 78 FR 65754; 80 FR 68895):
John K. Abels (IL)
Dean A. Bacon (IN)
Philip E. Banks (OH)
Anthony M. Bride (NJ)
Charles E. Dailey (AL)
Kenneth D. Denny (WA)
Adam M. Hogue (MS)
Allen D. LaFave (ND)
Greg P. Mason (NY)
Thomas D. Miller (MT)
Douglas A. Mulligan (KY)
David G. Peters (PA)
Robert J. Rispoli, Jr. (NY)
Mike P. Senn (MN)
Hames H. Suttles (AL)
Gregory F. Wendt (NE)
Michael J. Wickstrom (MI)
The drivers were included in Docket No. FMCSA-2013-0183. Their
exemptions are effective as of November 1, 2015 and will expire on
November 1, 2017.
As of November 6, 2015, the following individual, George J. Ehnot
(PA), has satisfied the renewal conditions for obtaining an exemption
from the rule prohibiting drivers with ITDM from driving CMVs in
interstate commerce (78 FR 56988; 78 FR 67459; 80 FR 68895).
The driver was included in Docket No. FMCSA-2013-0186. The
exemption is effective as of November 6, 2015 and will expire on
November 6, 2017.
As of November 9, 2015, the following 11 individuals have satisfied
the renewal conditions for obtaining an exemption from the rule
prohibiting drivers with ITDM from driviing CMVs in interstate
commerce. (78 FR 55460; 78 FR 69795; 80 FR 68895):
Mark A. Blanton (IN)
Howard T. Cash (IL)
Heath J. Chesser (AL)
Kevin F. Connacher (PA)
Darryl A. Daniels (OH)
Carrie L. Frisby (CA)
Dean M. Keeven (MI)
Christopher A. Labudde (IL)
Brian A. Mankowski (IL)
Robert E. Welling (OH)
Keith Weymouth (ME)
The drivers were included in Docket No. FMCSA-2011-0193. Their
exemptions are effective as of November 9, 2015 and will expire on
November 9, 2017. As of November 12, 2015, the following 24 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 56988; 78 FR 67459; 80 FR 68895):
Charles E. Andersen (MN)
Philip B. Blythe (IL)
Ryan T. Byndas (AZ)
Winfred G. Clemenson (WA)
Michael C. Crewse (IL)
James D. Crosson, Jr. (MN)
Bruce E. Feltenbarger (MI)
Charles A. Fleming (VA)
Brian W. Hannah (UT)
Michael P. Huck (MI)
Van K. Jarrett (KY)
Keith W. Lewis (MO)
Eugene M. Mikell (NH)
Ronny J. Moreau (NH)
James M. O'Rourke (MA)
Joshua T. Paumer (MT)
Vladimir B. Petkov (MO)
Luther S. Pickell (KS)
Robert J. Pulliam (AZ)
Andrew W. Sprester (ND)
Vincent J. Terrizzi, Sr. (PA)
Daniel C. Theis (FL)
Richard A. White (TN)
Mark A. Winning (IL)
The drivers were included in Docket No. FMCSA-2013-0186. Their
exemptions are effective as of November 12, 2015 and will expire on
November 12, 2017.
As of November 16, 2015, the following 13 individuals have
satisfied the renewal conditions for obtaining an exemption from the
rule prohibiting drivers with ITDM from driving CMVs in interstate
commerce. (76 FR 61140; 76 FR 71111; 80 FR 68895):
Mark D. Andersen (IA)
David A. Basher (MA)
Brian H. Berthiaume (VT)
Eric D. Blocker, Sr. (NC)
Berry W. Campbell (WI)
Raymond A. Jack (WA)
Quency T. Johnson (WI)
Kenny B. Keels, Jr. (SC)
Jason M. Pritchett (MI)
Steven R. Sibert (MN)
Cassie J. Silbernagel (SD)
Lewis B. Taylor (IL)
James A. Terilli (NY)
The drivers were included in Docket No. FMCSA-2011-0194. Their
exemptions are effective as of November 16, 2015 and will expire on
November 16, 2017.
As of November 19, 2015, the following individual, Marshall H.
Evans (IL), has satisfied the renewal conditions for obtaining an
exemption from the rule prohibiting drivers with ITDM from driving CMVs
in interstate commerce (76 FR 63280; 76 FR 76398; 80 FR 68895).
The driver was included in Docket No. FMCSA-2013-0188. The
exemption is effective as of November 19, 2015 and will expire on
November 19, 2017.
As of November 20, 2015, the following 22 individuals have
satisfied the renewal conditions for obtaining an exemption from the
rule prohibiting
[[Page 42054]]
drivers with ITDM from driving CMVs in interstate commerce (71 FR
58464; 71 FR 67201; 80 FR 68895):
John N. Anderson (MN)
Allan C. Boyum (MN)
Terry L. Brantley (NC)
Steven E. Brechting (MI)
Scott A. Carlson (WI)
Joseph L. Coggins (SC)
Stephanie D. Fry (WY)
Robert W. Gaultney, Jr. (MD)
Paul T. Kubish (WI)
David M. Levy (NY)
Sterling C. Madsen (UT)
David F. Morin (CA)
Jeffrey J. Morinelli (NE)
Ronald D. Murphy (WV)
Charles B. Page (PA)
John A. Remaklus (OH)
Michael D. Schooler (IN)
Arthur L. Stapleton, Jr. (OH)
Carolyn J. Taylor (IN)
Jeffrey M. Thew (WA)
Barney J. Wade (MS)
Dennis D. Wade (IL)
The drivers were included in Docket No. FMCSA-2006-2575. Their
exemptions are effective as of November 20, 2015 and will expire on
November 20, 2017.
As of November 22, 2015, the following individual, Steven R. Auger
(NH), has satisfied the renewal conditions for obtaining an exemption
from the rule prohibiting drivers with ITDM from driving CMVs in
interstate commerce (76 FR 63295; 76 FR 76400; 80 FR 68895).
The driver was included in Docket No. FMCSA-2013-0189. The
exemption is effective as of November 22, 2015 and will expire on
November 22, 2017.
Each of these 90 drivers 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
90 drivers for a period of two years is likely to achieve a level of
safety equal to that existing without the exemption.
V. Conditions and Requirements
The exemptions are extended 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. 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.
VI. Conclusion
Based upon its evaluation of the 90 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the rule
prohibiting drivers with ITDM from driving CMVs in interstate commerce
in 49 CFR 391.64(3).
In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for 2 years unless revoked earlier by FMCSA. The
exemption will be revoked 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 and 31315.
If the exemption is still effective at the end of the 2-year period
and the drivers remain in good standing with the program, have
maintained their required medical monitoring, and have not exhibited
any medical issues that would compromise their ability to safely
operate a CMV, they are eligible to receive a renewal from FMCSA under
procedures in effect at that time.
Issued on: June 20, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-15222 Filed 6-27-16; 8:45 am]
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