[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, [email protected], 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]
 BILLING CODE 4910-EX-P