Qualification of Drivers; Exemption Applications; Diabetes |
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Larry W. Minor
Federal Motor Carrier Safety Administration
17 November 2016
[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Pages 81235-81236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27646]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2009-0294; FMCSA-2011-0326; FMCSA-2011-0327; FMCSA-
2011-0367; FMCSA-2013-0192]
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 36
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 were 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:
I. 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., 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 January 11, 2016, FMCSA published a notice announcing its
decision to renew exemptions for 36 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 74196). The public comment period ended on February 10, 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
[[Page 81236]]
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 36 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 February 6, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 6 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 79756; 77 FR
5873; 81 FR 1281):
Howard A. Betz (OH)
Kevin J. Coppens (ME)
Frank H. Ford, Jr. (PA)
Daniel R. Harris (TX)
Joseph L. Owings (AL)
Jerry H. Small (NC)
The drivers were included in Docket No. FMCSA-2011-0326. Their
exemptions are effective as of February 6, 2016, and will expire on
February 6, 2018.
As of February 10, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 6 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 78720; 77 FR
7232; 81 FR 1281):
Steve R. Fortunat (NJ)
Kenneth J. Hill (OH)
Cecil T. Keith (GA)
Frank E. Ray (KS)
Stanley L. Rybarcyzk (IL)
Gene A. Willias (WV)
The drivers were included in Docket No. FMCSA-2011-0327. Their
exemptions are effective as of February 10, 2016, and will expire on
February 10, 2018.
As of February 12, 2015, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following individual, Guy B. Mayes (WA) has satisfied
the renewal conditions for obtaining an exemption from the rule
prohibiting drivers with ITDM from driving CMVs in interstate commerce
(78 FR 78479; 79 FR 13086; 81 FR 1281).
The driver was included in Docket No. FMCSA-2013-0192. The
exemption is effective as of February 12, 2016, and will expire on
February 12, 2018.
As of February 22, 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 (77 FR 533; 77 FR
10607; 81 FR 1281):
Garry L. Camden (IN)
Loren A. Cox (NY)
Darryl F. Gilbertson (WI)
Alfred Gutierrez II (OK)
Matthew D. Hulse (KS)
Neil E. Karvonen (WA)
Damon A. Kruger (CO)
Earl T. Morton, Jr. (VA)
Richard A. Norstebon (ND)
Donald J. Olbinski (IL)
Kevin E. Risley (IN)
The drivers were included in Docket No. FMCSA-2011-0367. Their
exemptions are effective as of February 22, 2016, and will expire on
February 22, 2018.
As of February 24, 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 (78 FR 68092; 79 FR
8182; 81 FR 1281):
Daniel C. Druffel (WA)
Gregory J. Godley (WA)
Troy A. Gortmaker (SD)
Charles M. Griswold (MA)
Justin R. Henneinke (CA)
William R. Huntley (MI)
Joseph I. Kulp (PA)
Kevin R. Mooney (WA)
Daniel D. Neale (CA)
Richard L. Sulzberger (IL)
Dirk Vanstralen (CA)
The drivers were included in Docket No. FMCSA-2009-0294. Their
exemptions are effective as of February 24, 2016, and will expire on
February 24, 2018.
As of February 27, 2015, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following individual, Charles R. Clayton (NJ) has
satisfied the renewal conditions for obtaining an exemption from the
rule prohibiting drivers with ITDM from driving CMVs in interstate
commerce (78 FR 78479; 79 FR 13086; 81 FR 1281).
The driver was included in Docket No. FMCSA-2013-0192. The
exemption is effective as of February 27, 2016, and will expire on
February 27, 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 8, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-27646 Filed 11-16-16; 8:45 am]
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