Qualification of Drivers; Exemption Applications; Diabetes |
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Larry W. Minor
Federal Motor Carrier Safety Administration
8 December 2016
[Federal Register Volume 81, Number 236 (Thursday, December 8, 2016)]
[Notices]
[Pages 88726-88727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29410]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2011-0368; FMCSA-2011-0381; FMCSA-2013-0192; FMCSA-
2013-0193]
Qualification of Drivers; Exemption Applications; Diabetes
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
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SUMMARY: FMCSA announces its decision to renew exemptions of 99
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:
1. 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 March 16, 2016, FMCSA published a notice announcing its decision
to renew exemptions for 99 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 (80 FR
14210). The public comment period ended on April 15, 2016, and no
comments were received. As stated in the previous notice, FMCSA has
evaluated the eligibility of these applicants and determined that
renewing these exemptions would achieve a level of safety equivalent to
or greater than the level that would be achieved by complying with the
current regulation 49 CFR 391.41(b)(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 99 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 391.64(3):
As of March 5, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 41 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 79062; 79 FR
12567):
David E. Ames (IL)
Michael R. Boland (IL)
Christopher D. Burks (MA)
Larry D. Burton (IL)
Anthony D. Chrisley (CA)
Henry Collins (MO)
John B. Conway Jr. (NC)
James V. Davidson Jr. (UT)
Michael A. De La Torree (CA)
Corrado DePalma (NJ)
Douglas E. Emey (IN)
William C. Flom (IA)
Brian A. Griep (IA)
George E. Hagey (IL)
Ronnie Harrington (MS)
Andrew P. Hines (OH)
Arlyn D. Holtrop (IA)
Stephan P. Hyre (OH)
Aaron C. Kaplan (CA)
Sigmund E. Keller (NY)
Derl T. Martin (MO)
Waymond E. Mayfield (MO)
Senad Mehmedovic (KY)
Ronald E. Mullard (AL)
Justin C. Orr (CA)
Kevin L. Otto (OH)
Larry H. Painter (PA)
Robert K. Patterson (IA)
Albert M. Purdy (PA)
Adam Razny (MO)
Thomas F. Scanlon (NJ)
Harrison G. Simmons (MO)
Scott A. Stout (FL)
Walter D. Strang, IV (CT)
Mark A. Torres (MA)
Eric A. Vernon (IA)
Marvin L. Vonk (IA)
Kelly J. Walstad (MN)
John R. Wappes (OH)
Ray C. Williams (CT)
Rickey A. Wulf (IA)
The drivers were included in Docket No. FMCSA-2013-0193. Their
exemptions are effective as of March 5, 2016 and will expire on March
5, 2018.
As of March 7, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 45 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 3549; 77 FR
13685; 78 FR 78479; 79 FR 13086):
Chad E. Anger (WI)
Willie V. Apodaca (NM)
Edward Blake (GA)
Dorin D. Blodgett (IN)
Jerry A. Campbell (OH)
Brian M. Chase (VA)
Phillip Covel (NE)
Nicholas P. Dube (RI)
James W. Dusing (MN)
Manuel Elizondo (TX)
Michael K. Farris (IN)
Menino Fernandes (IL)
[[Page 88727]]
Craig J. Gadley, Sr. (NY)
Daniel C. Grove Jr. (PA)
Mary F. Guilfoy (IN)
Jeffrey M. Halida (WI)
James M. Hatcher (MS)
Matthew E. Hay (TX)
Edward S. Ionescu (IL)
Jeffrey P. James (AR)
Tracy N. Jenkins (DE)
Gregory A. King (NC)
Matthew R. Linehan (NY)
Cory A. Meadows (OH)
Ashun R. Merritt (GA)
Herbert A. Morton (CA)
Colby A. Nutter (VA)
Jayrome B. Rimolde (MN)
Gale Roland (PA)
Larry A. Sanders (MD)
John L. Scherette (WA)
Kelly T. Scholl (MN)
James P. Shurkus (NH)
Gregory G. Sisco (IA)
Travers L. Stephens (GA)
Brittany K. Tomasko (CA)
Joel L. Topping (NV)
Daren Warren (NY)
Alan T. Whalen (NY)
Thomas L. Whitley (IN)
Randall S. Williams (PA)
Charles J. Wirth (WI)
Tomme J. Wirth (IA)
Joshua C. Wyse (OH)
Rowland P. Yee (HI)
The drivers were included in Docket Nos. FMCSA-2011-0368; FMCSA-
2013-0192. Their exemptions are effective as of March 7, 2016 and will
expire on March 7, 2018.
As of March 23, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, 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. (77 FR 5870; 77 FR
17116):
Roger L. Arcand, Jr. (MA)
Marsha M. Colberg (WA)
Robert D. Crissinger (MN)
Scott W. Forsyth, Jr. (CO)
Fritz D. Gregory (UT)
Anthony P. Kesselring (FL)
Don R. Kivi (ND)
Vincent Ligotti (NY)
Michael R. Miller (PA)
Jack L. Phippen (WI)
Richard A. Purk (CA0)
Bryan E. Quick (VA)
Jack A. Tidey (AR)
The drivers were included in Docket No. FMCSA-2011-0381. Their
exemptions are effective as of March 23, 2016 and will expire on March
23, 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: November 25, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-29410 Filed 12-7-16; 8:45 am]
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