[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Notices]
[Pages 84675-84677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28216]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-FMCSA-2007-29035; FMCSA-2008-0293; FMCSA-2009-0242; 
FMCSA-2011-0277; FMCSA-2011-0278; FMCSA-2013-0184; FMCSA-2013-0187; 
FMCSA-2013-0190]


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 133 
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, [email protected], 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

[[Page 84676]]

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 November 27, 2015, FMCSA published a notice announcing its 
decision to renew exemptions for 133 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 December 28, 2015 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 133 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 December 1, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 10 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 48338; 74 FR 
62883; 80 FR 74196):

Charles E. Boyd (NE)
Warren B. Copple, Jr. (MI)
Hernan Hernandez (CT)
Jeffrey E. Kiehl (MI)
Jesus G. Maesse (TX)
Jackson R. Olive (NY)
Thomas N. Pico (PA)
Paul Ramirez (OK)
Jon C. Thomas (MT)
Dennis M. Thyfault (UT)

    The drivers were included in Docket No. FMCSA-2009-0242. Their 
exemptions are effective as of December 1, 2015, and will expire on 
December 1, 2017.
    As of December 10, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 7 individuals, have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (73 FR 63042; 73 FR 
75163; 80 FR 74196):

Herschel J. Crawford (AK)
James E. Gaines (NJ)
Allan D. Gralapp (IA)
Scott L. Halm (OH)
Jason P. Smith (GA)
Dean A. Sullivan (KY)
Lawrence W. Thomas (AR)

    The drivers were included in Docket No. FMCSA-2008-0293. Their 
exemptions are effective as of December 10, 2015, and will expire on 
December 10, 2017.
    As of December 17, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 60 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 63298; 78 FR 
76397; 80 FR 74196):

James L. Barnes (GA)
Toni Benfield (SC)
Peter J. Benz (FL)
Robert J. Berger, III (PA)
Daniel A. Bryan (PA)
Travis D. Clarkston (IN)
Romero Coleman (WI)
Michael L. Collins (WA)
Thomas S. Crawford (NY)
Stephen A. Cronin (FL)
Steven M. Dent (IA)
John S. Duvall (PA)
Robert S. Engel (IN)
Steven M. Ference (CT)
David W. Foster (TN)
Francis M. Garlach III (PA)
Allen D. Goddard (MO)
Brian L. Gregory (IL)
Alfonso Grijalva (CA)
Jason E. Jacobus (KY)
Bobby H. Johnson (GA)
Isadore Johnson Jr. (NY)
Jerry D. Joseph (OH)
Neal S. Kassebaum (TN)
Ervin A. Klocko, Jr.
Kevin E. Kneff (MO)
Margaret Lopez (NY)
John D. May (KS)
Kenneth B. Maynard, Jr. (NH)
Mike C. McDowell (TX)
Charles B. McKay (FL)
Norman C. Mertz (PA)
Travis F. Moon (GA)
Ronald Mooney (ID)
Martin J. Mostyn (OH)
Floyd P. Murray, Jr. (UT)
Steven D. Nowakowski (MD)
Gary D. Peters (NE)
Mark A. Pille (IA)
Stephen Plesz (CT)
Glen E. Pozernick (ID)
Jody R. Prause (MI)
Walter A. Przewrocki, Jr. (PA)
Andrew Quaglia (NY)
Stanley A. Sabin (KY)
Joseph F. Schafer, Jr. (PA)
Francis J. Schultz (PA)
Gary A. Sjokvist (ND)
Gary L. Snelling (AL)
Charles W. Sterling (WA)
Thomas L. Stoudnour (PA)
Matthew S. Thompson (PA)
Robin S. Travis (CO)
Richard A. Treadwell (PA)
James R. Troutman (PA)
William R. Van Gog (WA)
Charles S. Watson (IL)
William E. Wyant III (IA)
Mark A. Yurian (MT)
David M. Zanicky (PA)

    The drivers were included in Docket No. FMCSA-2013-0187. Their 
exemptions are effective as of December 17, 2015, and will expire on 
December 17, 2017.
    As of December 19, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 27 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (72 FR 62514; 72 FR 
71996; 76 FR 64165; 76 FR 78718; 80 FR 74196):

Robin R. Baumgartner (WI)
Joseph K. Beasley (GA)
Toni A. Brown (AR)

[[Page 84677]]

Glenn W. Burke (NY)
David P. Charest (FL)
Charles Demesmin (NJ)
Derek E. Dowling (PA)
Donald E. Dupke, Jr. (IN)
Frederick E. Dyer (MA)
Donald N. Ellis (IN)
Tim E. Holmberg (WI)
Russell D. Jordan (ND)
Warren D. Knabe (NE)
Jackie L. Lane (TX)
Dennis L. Lorenz (IN)
Robert J. Malone (NJ)
Clayton A. Powers (CA)
Dennis R. Scheel (SD)
Michael K. Schulist (MI)
Andrew P. Shirk (MS)
Jerry L. Smit (MN)
Reese L. Sullivan (TX)
Randy J. Voss (IL)
Robert M. Walker (PA)
Robert E. Weiss (MI)
Robert A. Wild (OR)
Randy L. Wyant (OR)

    The drivers were included in Docket No. FMCSA-2007-29035; FMCSA-
2011-0277. Their exemptions are effective as of December 19, 2015 and 
will expire on December 19, 2017.
    As of December 22, 2015, 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 (76 FR 66120; 76 FR 
79759; 80 FR 74196):

Lennie D. Cook (OH)
David R. Cornelius (IL)
Scott A. Edwards (PA)
Ronald J. Ezell (MO)
Marcus M. Gagne (ME)
David P. Govero (MO)
Christopher A. Jones (WY)
Donald R. McClure, Jr. (PA)
Clyde G. Rishel, Jr. (PA)
Kurt Schneider (VT)
Douglas O. Sundby (ND)

    The drivers were included in Docket No. FMCSA-2011-0278. Their 
exemptions are effective as of December 22, 2015, and will expire on 
December 22, 2017.
    As of December 24, 2015, 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 (78 FR 64267; 78 FR 
77784; 80 FR 74196):

John D. Clark (NJ)
David S. Monroe (KS)
William I. Harbolt (MT)
Mark G. Kahler (TX)
Larry W. Hines (NM)
Theeir L. Coleman (VA)
Michael W. McCrary (GA)
Jerry D. Zimmerman (ND)
James S. Tracy (ID)
John Baltich (PA)
Donald A. Spivey (TN)
Thomas B. Quirk (CT)
Steven M. Oliver (AZ)
Sean T. McMahon (WI)
David G. Shultz (PA)
Ryan L. Harrier (MI)
John E. Parker (KS)

    The drivers were included in Docket No. FMCSA-2013-0184. Their 
exemptions are effective as of December 24, 2015, and will expire on 
December 24, 2017.
    As of December 31, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following individual, Gary L. Crawford (OH), has 
satisfied the renewal conditions for obtaining an exemption from the 
rule prohibiting drivers with ITDM from driving CMVs in interstate 
commerce (78 FR 65034; 79 FR 3917; 80 FR 74196).
    The driver was included in Docket No. FMCSA-2013-0190. The 
exemption is effective as of December 31, 2015, and will expire on 
December 31, 2017.
    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. 2016-28216 Filed 11-22-16; 8:45 am]
 BILLING CODE 4910-EX-P