Qualification of Drivers; Exemption Applications; Diabetes |
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Larry W. Minor
Federal Motor Carrier Safety Administration
20 December 2016
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92941-92943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30588]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2010-0328; FMCSA-2012-0282; FMCSA-2012-0283; FMCSA-
2014-0308; FMCSA-2014-0309]
Qualification of Drivers; Exemption Applications; Diabetes
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemptions; request for comments.
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SUMMARY: FMCSA announces its decision to renew the exemptions of 110
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 was effective from the dates
stated in the discussions below. Comments must be received on or before
January 19, 2017.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. FMCSA-2010-0328; FMCSA-
2012-0282; FMCSA-2012-0283; FMCSA-2014-0308; FMCSA-2014-0309, 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 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 http://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 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., 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
[[Page 92942]]
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:
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 110 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.
Exemption Decision
This notice addresses 110 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. These 110 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. 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.
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 December and are
discussed below.
As of December 9, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 37 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (79 FR 66451; 80 FR
2479):
Travis L. Beck (OH)
Corey C. Bennett (MS)
Nicholas J. Borelli (NJ)
Elvis P. Butler (TN)
John H. Butler (OH)
Michael E. Calvert (TX)
Keith J. Cole (WI)
Kevin E. Conti (OH)
Marsh L. Daggett (TX)
Chad E. Hales (UT)
Dennis L. Hooyman (WI)
Lorenza K. Jefferson (VA)
Edward Johnson (TN)
William O. Johnson, Jr.
Michael E. Kroll (WI)
Isolina Matos (NJ)
Rex D. McManaway (IL)
Steven A. Metternick (MI)
Daniel P. Miller (PA)
James K. Ollerich (SD)
Scott B. Olson (ND)
Raymond E. Pawloski (MI)
Loren A. Pingel (CO)
Douglas S. Pitcher (NY)
Terrence A. Proctor (MD)
Salvador Ramirez, Jr. (IL)
Heber E. Rodriguez (VA)
Lukas N. Skutnik (NE)
Daniel C. Sliman (OH)
Jeffrey A. Sturgill (OH)
Maurice S. Styles (MN)
Richard J. Thomas (IN)
Kevin E. Tucker
Robert Vassallo (NY)
Clifford L. White (KS)
Jason L. Woody (KS)
Wesley B. Yokum (PA)
The drivers were included in Docket No. FMCSA-2014-0308. Their
exemptions are effective as of December 9, 2016 and will expire on
December 9, 2018.
As of December 14, 2016, 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 (75 FR 63536; 75 FR
77952):
William V. Barbrie (RI)
John P. Catalano (NJ)
Gary J. Dionne (ID)
Thomas C. Donahue (MA)
Marlin K. Johnson (MN)
George Long, Jr. (NM)
Robert Minacapelli (NY)
Joe E. L. Radabaugh (OH)
Ben D. Shelton, Jr. (IL)
Nestor P. Vargas, Jr. (WA)
Harold A. Wendt (MN)
The drivers were included in Docket No. FMCSA-2010-0328. Their
exemptions are effective as of December 14, 2016 and will expire on
December 14, 2018.
As of December 20, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 17 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 63411; 77 FR
64181; 77 FR 75492; 77 FR 75493):
James D. Astle (OH)
Robert E. Carroll (FL)
Thomas L. Gilmore (IA)
Kenneth M. Hansen (IA)
David J. Heppelmann (MN)
Dennis R. Johnson (TN)
Ronald D. Johnston (VA)
Steven M. Knezevich (MI)
Phil J. Kunkel (IN)
Carl E. McCartney (PA)
Fred Nelson, Jr. (PA)
Ricky L. Osterback (WA)
Joseph M. Polkowski, Sr. (PA)
Dan R. Stark (MN)
Chad E. Vanscoy (OH)
Mark A. Welch, Jr. (PA)
Bailey G. Zickefoose, Jr. (WV)
The drivers were included in Docket No. FMCSA-2012-0283. Their
exemptions are effective as of December 20, 2016 and will expire on
December 20, 2018.
[[Page 92943]]
As of December 29, 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 (79 FR 70920; 80 FR
5613):
Andrew P. Bivens (TN)
Everett D. Blevins (KY)
Kirk J. Brummeler (GA)
Travis M. Bryan (MA)
Robert A. Chess (PA)
John W. Condy (NY)
Kevin V. Cook (MO)
Guido Criscuolo, Jr. (CT)
Zachary L. Diehl (IL)
Andrea I. Dirksen (IA)
David D. Dowdy (IL)
Clarice L. Dunklin (LA)
Ricky L. Exler (FL)
Paul B. Fuerstenberg (WI)
Nathan M. Gallant (TX)
Louis A. Goodenough (IN)
Tyler L. Gravatt (ID)
Gary W. Honaker (VA)
David G. Horne (VA)
Glenn A. Keifer (SD)
Rex L. Kreutzer (NE)
Larry D. Lloyd (OR)
Dennis D. Markowski (WA)
William F. Melchert-Dinkel (MN)
Brit K. Miller (SD)
Charles B. Petersen (ID)
Anthony J. Politan (IN)
Emil T. Ricci (PA)
Arturo Robles (WY)
Robert F. Rothbauer (WI)
Michael A. Runyan, Jr. (NC)
John D. Sheets (NH)
Kyle L. Shuman (NY)
Jerry W. Smay (CA)
Gregory A. Smith (GA)
William S. Spaeth (WI)
Eloy G. Tijerina (TX)
Santos R. Torres (TX)
Leroy A. Traudt (NE)
Arthur R. Vance (VA)
Gerald S. Volpone, Jr. (MA)
Galen R. Watts (TX)
William R. Welch, Jr. (VA)
John E. Wildenmann (KY)
Edward D. Wright (IN)
The drivers were included in Docket No. FMCSA-2014-0309. Their
exemptions are effective as of December 29, 2016 and will expire on
December 29, 2018.
Each of the 110 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
110 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-2010-0328; FMCSA-2012-0282; FMCSA-
2012-0283; FMCSA-2014-0308; FMCSA-2014-0309.
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 January 19, 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 110 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.
Submitting Comments
You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket numbers FMCSA-2010-0328; FMCSA-
2012-0282; FMCSA-2012-0283; FMCSA-2014-0308; FMCSA-2014-0309 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 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.
Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2010-0328; FMCSA-2012-0282; FMCSA-2012-0283;
FMCSA-2014-0308; FMCSA-2014-0309 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: December 8, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-30588 Filed 12-19-16; 8:45 am]
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