Qualification of Drivers; Exemption Applications; Diabetes |
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Larry W. Minor
Federal Motor Carrier Safety Administration
24 April 2017
[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Notices]
[Pages 18951-18953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08196]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2006-26321; FMCSA-2007-29286; FMCSA-2008-0341; FMCSA-
2010-0414; FMCSA-2010-0427; FMCSA-2012-0349; FMCSA-2012-0350; FMCSA-
2012-0351; FMCSA-2014-0312]
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 152
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 was 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., 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 March 7, 2017, FMCSA published a notice announcing its decision
to renew exemptions for 152 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
12886). The public comment period ended on April 6, 2017, 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 152 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 391.41(b)(3).
As of February 1, 2017, 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 (72 FR 69280; 73 FR
6247):
Steven G. Boggs (KS)
Jessie L. Brock II (TX)
Challis J. Crismore (MT)
David J. Jansen (OH)
Lawrence A. Kibler (PA)
Arthur J. Medrano (CA)
Mark R. Perkins (NV)
Christopher C. Schuch (MA)
Timothy Short (PA)
Uve J. Witsch (CA)
The drivers were included in docket No. FMCSA-2007-29286. Their
exemptions are effective as of February
[[Page 18952]]
1, 2017, and will expire on February 1, 2019.
As of February 4, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 5 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 78271; 78 FR
7855):
Kathy L. Brown (IN)
John C. Evans (IL)
Thomas J. Ferry (NJ)
Jeffrey C. Hanson (TX)
Daniel V. Williamson (MN)
The drivers were included in docket No. FMCSA-2012-0349. Their
exemptions are effective as of February 4, 2017, and will expire on
February 4, 2019.
As of February 6, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 19 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (71 FR 74986; 72 FR
5492):
Roy B. Carter (WV)
Bradley D. Case (IN)
Thomas D. Dyke (KS)
Anthony L. Gentry (CO)
Michael T. Hartley (KY)
David A. Heider (WI)
John A. Helm (IL)
John A. Herbert (NJ)
Lester H. Hughes (VA)
Christopher A. Knott (MN)
Jeffery C. Link (SC)
Joseph C. McMasters (IN)
Bradley S. Mowdy (CA)
Ronald W. Nelson (MN)
Kent E. Pelkey (ME)
Keith E. Petersen (ND)
Allen W. Quon (MD)
Shawn P. Wathley (CT)
Christopher T. Worsley (MA)
The drivers were included in docket No. FMCSA-2006-26321. Their
exemptions are effective as of February 6, 2017, and will expire on
February 6, 2019.
As of February 9, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 33 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 75794; 74 FR
6451):
Robert S. Althouse (PA)
James G. Arnoldussen, Sr. (WI)
Thomas S. Benson (NC)
Dennis A. Boelens (IL)
Walter R. Braxton (VA)
Merle N. Cromwell (IL)
Trenn A. Davis (KS)
Stephen R. Ferrario (CA)
Kevin J. Fries (MT)
Fred Frisch (OH)
Daniel D. Greenwell (NY)
George H. Hayes, Jr. (VA)
John H. Hilliges (NE)
Paris J. Howell (TN)
John H. Kingsley (VA)
Gary J. Klostermann (IA)
Jason C. Lang (VT)
Kevin J. Lavoie (OR)
Robert H. McCann, III (MD)
Chris C. Northway (WI)
John D. Owens (IN)
Jody A. Peckels (OR)
James H. Pfeiffer, Jr. (IL)
Marc R. Pream (MN)
Travis W. Proctor (GA)
Ann M. Reinke (WI)
Vincent L. Rodriguez (NM)
Randy L. Schroeder (NY)
Michael W. Sharp (TX)
Gary E. Stone (PA)
Anthony A. Thomas (KY)
John R. Turcotte (ME)
Russell A. Williams (WI)
The drivers were included in docket No. FMCSA-2008-0341. Their
exemptions are effective as of February 9, 2017, and will expire on
February 9, 2019.
As of February 10, 2017, 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 (75 FR 80889; 76 FR
7625):
Charlie A. Barner (GA)
Christopher R. Everitt (OH)
Joseph A. Griffin (NY)
Michael A. Holy (MI)
Victor M. Lewis (TN)
William P. Miller, Jr. (KY)
David A. Wiltse (ND)
The drivers were included in docket No. FMCSA-2010-0414. Their
exemptions are effective as of February 10, 2017, and will expire on
February 10, 2019.
As of February 22, 2017, 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 (76 FR 1496; 76 FR
9867):
Neal S. Faulkner (VT)
Jason J. Hamilton (AZ)
Steven J. Lefebvre (NY)
Mitchell J. Moore (CO)
James R. Parker (NJ)
Charles C. Quast (IL)
James E. Steele (TN)
The drivers were included in docket No. FMCSA-2010-0427. Their
exemptions are effective as of February 22, 2017, and will expire on
February 22, 2019.
As of February 24, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 48 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 3724; 80 FR
19732):
Bryan L. Anderson (WA)
Travis K. Archer (ME)
Michael R. Batham (CA)
Victor M. Beltran-Araujo (UT)
Charles A. Best (OH)
George E. Carle (CO)
Jamey S. Carney (IA)
Michael G. Cary (MN)
John G. Castilaw (MS)
Adam C. Cochran (GA)
Michael R. Cummings (VA)
David L. Dalheim (NY)
Brian Dick (MD)
Timothy B. Duelke (ID)
Cory A. Duncan (OR)
Terrance J. Dunne (NJ)
David L. Eklund (IL)
Yoshitsugu Endo (FL)
Barry K. Foster (TX)
John A. Georg (IA)
Francis J. Gernatt, Jr. (NY)
Mark A. Haines (WV)
Ivan G. Hanford (OR)
James L. Harman III (VA)
James R. Hoyle (TX)
John M. Ippolito (NY)
Allan L. Jameson (NE)
Erik D. Kemmer (MN)
Mark L. Knobel, Sr. (MD)
Joseph E. Knox, Sr. (MD)
Erik M. Lane (NY)
James D. Martin (IN)
Galen H. Martin (PA)
John M. McCabe (IL)
Kevin F. McGlade (PA)
Brett J. Mellor (ID)
Kenneth M. Merritt (CA)
Charles E. Morgan (LA)
John E. Sautkulis (NY)
Ronnie L. Schronce (NC)
William F. Smith (DE)
Robin W. Swasey (UT)
Michelle P. Thibeault (ME)
Michael L. Thrasher (AL)
Steven R. Vance (TX)
William D. VanReese (MN)
Ellis J. Vest, Jr. (WV)
Mark P. Zimmerman (NV)
The drivers were included in docket No. FMCSA-2014-0312. Their
exemptions are effective as of February 24, 2017, and will expire on
February 24, 2019.
As of February 25, 2017, 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
[[Page 18953]]
prohibiting drivers with ITDM from driving CMVs in interstate commerce
(78 FR 1927; 78 FR 12819):
Angel Bergendale (MA)
Sean P. Borsky (FL)
Uvena S. Brown (IN)
Spiro J. Jonovich (AZ)
Victor D. Mayberry (TN)
Barry C. McKay (CO)
Robert B. McKendry (IL)
William L. Phelps (IN)
Richard J. Rembisz (NY)
Richard L. Smith (GA)
Gary J. Tricarico (CT)
The drivers were included in docket No. FMCSA-2012-0351. Their
exemptions are effective as of February 25, 2017, and will expire on
February 25, 2019.
As of February 26, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 12 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 1923; 78 FR
12821):
Shawn J. Ball (ID)
Ira S. Chamberlin (ME)
James K. Dowden (MN)
Myron P. Egbert (UT)
Michael T. Evans (OH)
Stephen P. Honen (OH)
Charles E. Johnston (MS)
Jack M. Sipich (IL)
Roger N. Stauffer (MI)
Tyrone Taylor (NC)
Michael E. Westley (FL)
Travis M. Whitt (CA)
The drivers were included in docket No. FMCSA-2012-0350. Their
exemptions are effective as of February 26, 2017, and will expire on
February 26, 2019.
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: April 17, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-08196 Filed 4-21-17; 8:45 am]
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