Qualification of Drivers; Exemption Applications; Diabetes |
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Larry W. Minor
Federal Motor Carrier Safety Administration
11 October 2017
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Notices]
[Pages 47292-47294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21901]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2009-0155; FMCSA-2011-0125; FMCSA-2011-0144; FMCSA-
2011-0145; FMCSA-2013-0019; FMCSA-2013-0181; FMCSA-2015-0062; FMCSA-
2015-0063]
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 for 127
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 applicable 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 8:30 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., 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 July 27, 2017, FMCSA published a notice announcing its decision
to renew exemptions for 127 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 (82 FR
35029). The public comment period ended on August 28, 2017, and one
comment was 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 one comment in this preceding. An anonymous
commenter stated they believe the rule preventing drivers with ITDM
operating CMVs in interstate commerce should be removed and the medical
examiners should determine whether a driver is fit to operate a CMV in
interstate commerce. On May 4, 2015, FMCSA published a Notice of
Proposed Rulemaking (NPRM) (80 FR 25260) proposing changes to the
Diabetes standard and requesting comments from the public. FMCSA is
currently evaluating comments received and drafting a Final Rule.
Information related to this action can be found in the Docket at FMCSA-
2005-23151.
IV. Conclusion
Based upon its evaluation of the 127 renewal exemption applications
and comments received, FMCSA announces 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 August 1, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 35 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (80 FR 37719; 80 FR
59223):
Adele M. Aasen (ND)
Kyle E. Beine (WI)
Joseph M. Blackwell (GA)
Joseph G. Blastick (SD)
Gary W. Boninsegna (OH)
Billy J. Bronson (OR)
Michael L. Campbell (NC)
Steven C. Cornell (PA)
Josiah L. Crestik (MN)
Richard L. Cunningham (NE)
Thomas M. Delasko (FL)
William T. Eason (NC)
Douglas J. Garrison (IA)
Daniel W. Gregory (NC)
Barry L. Grimes, Sr. (MD)
Dennis J. Grimm (DE)
[[Page 47293]]
Stephen G. Helmer (NE)
Marco K. Higgs (OR)
Jeffrey T. Hunley (NC)
Colin S. Jackson (WA)
Peter E. Mizialko (NJ)
Michael I. Moore (IN)
Richard M. Ohland (MN)
James D. Parrish (NC)
Justin D. Redding (MT)
Alex R. Rumph (MT)
Kenneth S. Schoenberger (PA)
Jarred E. Shawles (CA)
Howard L. Smith (IL)
Jeffrey S. Snyder (PA)
Jerry L. Stevens (NE)
Todd Stover (PA)
Dennis P. Walker, Jr. (OH)
Horace V. Watson (GA)
Jeremy W. Wolfe (MO)
The drivers were included in docket number FMCSA-2015-0062. Their
exemptions are applicable as of August 1, 2017, and will expire on
August 1, 2019.
As of August 3, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following seven individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (74 FR 28097; 74 FR
38481):
Joseph Jurewicz (CT)
Dana N. Larsen (UT)
Jason G. Leavitt (UT)
Thomas M. Petee (MI)
Jim A. Phelps (MI)
James F. Rabideau, Jr. (NY)
John E. Spano (MA)
The drivers were included in docket number FMCSA-2009-0155. Their
exemptions are applicable as of August 3, 2017, and will expire on
August 3, 2019.
As of August 4, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following eight 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 34127; 76 FR
47288):
Richard A. Bosma (IL)
Ronnie E. Combs, Jr. (KY)
Barbara A. Farrell (WA)
Tony D. Gayles (KY)
Joshua D. Kohl (IA)
Judah A. Nell (PA)
Peter J. Wasko, Jr. (PA)
Alfred Zaldana (CA)
The drivers were included in docket number FMCSA-2011-0125. Their
exemptions are applicable as of August 4, 2017, and will expire on
August 4, 2019.
As of August 5, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following ten 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 34127; 76 FR
47288):
Justin C. Brewer (NY)
Roger W. Carr (MD)
Stanley D. Ingram (TN)
Rondal W. Kennedy (KY)
Jerry W. Miller (VA)
Gregg O. Price (MS)
Gary D. Pugliese (NJ)
Jeffrey A. Radel (PA)
Vladmir V. Tayts (PA)
Jady R. Tengs (ID)
The drivers were included in docket number FMCSA-2011-0144. Their
exemptions are applicable as of August 5, 2017, and will expire on
August 5, 2019.
As of August 15, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 43 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (80 FR 41550; 80 FR
59229):
Henry Andreoli (NH)
Jonathan A. Boston (NY)
James G. Bracegirdle (GA)
Joseph C. Brewster (VA)
Bradley R. Brown (NH)
Annette F. Bryant (CA)
Brian G. Carter (GA)
Daniel B. Craig (OR)
Sean W. Dempsey (OH)
Patrick L. Feely (MN)
Garry W. Garrison (WI)
James Gennello (NJ)
John T. Gorman (NJ)
Joel K. Hawkins (IL)
Gary L. Hulslander (PA)
Daniel E. Jackowski (WI)
John W. Johnson (TN)
Samuel S. Johnson (WI)
Charles A. Kelley (IA)
Omer E. King (PA)
Eric R. Knutson (MN)
Bruce E. Koehn (KS)
Douglas L. Kugler (MN)
Andrew S. McKinney (MN)
Douglas D. Miller (WY)
Robert F. Perez (PA)
Ray E. Phipps (IL)
Bruce F. Sanderson (LA)
Raymond Santiago (NJ)
Travis D. Shadden (IN)
Randy S. Steinbach (WA)
Paul R. Thorkelson (MN)
Michael J. Toth (PA)
Christopher O. Trent (KS)
Charles H. Turner (WI)
Jesse W. Turner (MI)
Donavan A. Van Houten (WA)
Matt S. Volk (NE)
Daniel M. Waldner (ND)
Timothy L. Wilkinson (OH)
Catherine A. Wilcox (CT)
Kenneth P. Wing (MI)
Timothy W. Young (PA)
The drivers were included in docket number FMCSA-2015-0063. Their
exemptions are applicable as of August 15, 2017, and will expire on
August 15, 2019.
As of August 16, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 14 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 32704; 78 FR
50140):
Herlen D. Barner (TN)
James W. Bledsoe (AL)
Daniel L. Bosley (KY)
Verland G. Casper (WI)
Kyle P. Cerra (PA)
Raymond K. Harper (KS)
Shane B. Henninger (IA)
Jeffrey S. Hubbell (PA)
Kevin T. Johnson (SD)
Randall L. Krider (IN)
William J. Panoch (WI)
James E. Smith (TN)
Kevin R. Treichel (IA)
Thomas R. Yecker (PA)
The drivers were included in docket number FMCSA-2013-0019. Their
exemptions are applicable as of August 16, 2017, and will expire on
August 16, 2019.
As of August 29, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following nine 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 40439; 76 FR
53707):
Bryan K. Aaron (UT)
Donald M. Bergman (MN)
Ronald J. Boehm (IN)
Vernon W. Elmore (MS)
Michael J. Gilbert (WA)
Andrew W. Richey (MS)
Thomas M. Shafer (IN)
Allen D. Stevenson (NJ)
Oleg Tarasov (NJ)
The drivers were included in docket number FMCSA-2011-0145. Their
exemptions are applicable as of August 29, 2017, and will expire on
August 29, 2019.
As of August 30, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, Lloyd K. Steinkamp (WV) has satisfied the renewal conditions
for obtaining an exemption from the rule prohibiting drivers with ITDM
from driving CMVs in interstate commerce (78 FR 38435; 78 FR 63294).
The driver was included in docket number FMCSA-2013-0181. The
exemption is applicable as of August 30,
[[Page 47294]]
2017, and will expire on August 30, 2019.
In accordance with 49 U.S.C. 31315, each exemption will be valid
for two years from the applicable 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: October 2, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-21901 Filed 10-10-17; 8:45 am]
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