Qualification of Drivers; Exemption Applications; Diabetes, 40745-40746 [2016-14753]

Download as PDF Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices James J. Wolf, Jr. (PA) Kevin J. Yates (IL) In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is valid for two years 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 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. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: June 13, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–14751 Filed 6–21–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2016–0038] Qualification of Drivers; Exemption Applications; Diabetes Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. AGENCY: FMCSA announces its denial of 78 applications from individuals who requested an exemption from the Federal diabetes standard applicable to interstate truck and bus drivers and the reasons for the denials. FMCSA has statutory authority to exempt individuals from the diabetes requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions does not provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64– 113, Washington, DC 20590–0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:02 Jun 21, 2016 Jkt 238001 Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal diabetes standard for a renewable 2-year period if it finds ‘‘such an exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such an exemption.’’ The procedures for requesting an exemption are set forth in 49 CFR part 381. Accordingly, FMCSA evaluated 78 individual exemption requests on their merits and made a determination that these applicants do not satisfy the criteria eligibility or meet the terms and conditions of the Federal exemption program. Each applicant has, prior to this notice, received a letter of final disposition on the exemption request. Those decision letters fully outlined the basis for the denial and constitute final Agency action. The list published in this notice summarizes the Agency’s recent denials as required under 49 U.S.C. 31315(b)(4) by periodically publishing names and reasons for denial. The following applicant, Robert A. Pettella, withdrew his application from the application process. The following 12 applicants met the diabetes requirements of 49 CFR 391.41(b)(3) and do not need an exemption: Reuben T. Askew Steven E. Eastburn Quinzell Faison James Griffin Bayram A. Kabakci John C. Lasbury James M. Moore Saul N. Morales Jaime S. Ortiz Curtis W. Stanley Eric A. Williams Allen T. Wooten The following 21 applicants were not operating CMVs in interstate commerce: Felipe H. Abrego Michael D. Adamson Daniel J. Arena, Jr. David R. Brooks, Jr. Roger L. Harper Gary T. Hedrick Raymond Honaker Shaun F. Hutchinson Sondra R. Jones Kevin M. Kurpiewski Randy Lamb James P. Moran Jesse L. Mumford Jason M. Palermo John J. Raley II Leonard F. Robinson Donald G. Ross, Jr. Tracy A. Rowland PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 40745 Rachelle M. Seaver Robert Taylor Robert Webb The following 3 applicants had renal insufficiency: Harold J. Bowen, Jr. Robert A. Rye John J. Steele The following 7 applicants had more than one hypoglycemic episode requiring hospitalization or the assistance of others, or had one such episode but not had one year of stability following the episode: Timothy W. Adams Robert A. Beaty Andrew S. Crawford Jesse J.D. Graber Ryan B. Silva Jimmy R. Toton Deborah C. Williams The following 9 applicants had other medical conditions making the applicant otherwise unqualified under the Federal Motor Carrier Safety Regulations: Nader M. Abdelrahman Richard G. Baker Patrick L. Beasley John T. Brecken Robert E. Davis Marlin L. Gabbard Marvin D. Mitchell David W. Presby Darrel J. Shafer The following applicant, Tina M.M. Kent, was unable to have an endocrinologist state the applicant is able to operate a CMV from a diabetes standpoint. The following applicant, Henry G.E. Martinez, currently resides in Puerto Rico. He is not eligible because a Federal exemption is for drivers operating only in the United States. The following 3 applicants did not meet the minimum age criteria outlined in 49 CFR 391.41(b)(1) which states that an individual must be at least 21 years old to operate a CMV in interstate commerce: Ervin L. Fulton, Jr. Henry G. McGinnis Samuel J. Opatz The following 19 applicants were excepted from the diabetes standard based on 49 CFR390.3(f): Brian K. Aldrich Christopher A. Ball John A. Bowman Wilbert A. Cummings, Jr. Larry W. Davlin Theodore J. Hargraves Erick B. Hobson Stanley Holiday, Jr. Mark J. Huselstein Wesley T. Johnson E:\FR\FM\22JNN1.SGM 22JNN1 40746 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices Robert R. Martinez Robert S. Mendoza Arbra M. Patton Vincent Randle Robert J. Stepien Franklin T. Sult Calvin R. Williams Melissa F. Williams Ronald D. Williams Issued on: June 13, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–14753 Filed 6–21–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2016–0040] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. AGENCY: FMCSA announces receipt of applications from 70 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce. SUMMARY: Comments must be received on or before July 22, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2016–0040 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:// mstockstill on DSK3G9T082PROD with NOTICES DATES: VerDate Sep<11>2014 20:02 Jun 21, 2016 Jkt 238001 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 selfaddressed, 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 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. FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64– 113, Washington, DC 20590–0001. Office hours are 8:30 a.m. to 5 p.m.., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal Motor Carrier Safety Regulations for a 2-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 statute also allows the Agency to renew exemptions at the end of the 2-year period. The 70 individuals listed in this notice have recently requested such an exemption from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers of CMVs in interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 II. Qualifications of Applicants Michael J. Andries Mr. Andries, 60, has had ITDM since 2011. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Andries understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Andries meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Wisconsin. Appiah T. Ankrah Mr. Ankrah, 50, has had ITDM since 2013. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Ankrah understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Ankrah meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2016 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from Massachusetts. Gregory P. Austin Mr. Austin, 33, has had ITDM since 2001. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Austin understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Austin meets the requirements of the vision standard at E:\FR\FM\22JNN1.SGM 22JNN1

Agencies

[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Notices]
[Pages 40745-40746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14753]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0038]


Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of denials.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its denial of 78 applications from individuals 
who requested an exemption from the Federal diabetes standard 
applicable to interstate truck and bus drivers and the reasons for the 
denials. FMCSA has statutory authority to exempt individuals from the 
diabetes requirement if the exemptions granted will not compromise 
safety. The Agency has concluded that granting these exemptions does 
not provide a level of safety that will be equivalent to, or greater 
than, the level of safety maintained without the exemptions for these 
commercial motor vehicle (CMV) drivers.

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical 
Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, 
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the Federal diabetes standard for a renewable 2-year period if it 
finds ``such an exemption would likely achieve a level of safety that 
is equivalent to, or greater than, the level that would be achieved 
absent such an exemption.'' The procedures for requesting an exemption 
are set forth in 49 CFR part 381.
    Accordingly, FMCSA evaluated 78 individual exemption requests on 
their merits and made a determination that these applicants do not 
satisfy the criteria eligibility or meet the terms and conditions of 
the Federal exemption program. Each applicant has, prior to this 
notice, received a letter of final disposition on the exemption 
request. Those decision letters fully outlined the basis for the denial 
and constitute final Agency action. The list published in this notice 
summarizes the Agency's recent denials as required under 49 U.S.C. 
31315(b)(4) by periodically publishing names and reasons for denial.
    The following applicant, Robert A. Pettella, withdrew his 
application from the application process.
    The following 12 applicants met the diabetes requirements of 49 CFR 
391.41(b)(3) and do not need an exemption:

Reuben T. Askew
Steven E. Eastburn
Quinzell Faison
James Griffin
Bayram A. Kabakci
John C. Lasbury
James M. Moore
Saul N. Morales
Jaime S. Ortiz
Curtis W. Stanley
Eric A. Williams
Allen T. Wooten

    The following 21 applicants were not operating CMVs in interstate 
commerce:

Felipe H. Abrego
Michael D. Adamson
Daniel J. Arena, Jr.
David R. Brooks, Jr.
Roger L. Harper
Gary T. Hedrick
Raymond Honaker
Shaun F. Hutchinson
Sondra R. Jones
Kevin M. Kurpiewski
Randy Lamb
James P. Moran
Jesse L. Mumford
Jason M. Palermo
John J. Raley II
Leonard F. Robinson
Donald G. Ross, Jr.
Tracy A. Rowland
Rachelle M. Seaver
Robert Taylor
Robert Webb

    The following 3 applicants had renal insufficiency:

Harold J. Bowen, Jr.
Robert A. Rye
John J. Steele

    The following 7 applicants had more than one hypoglycemic episode 
requiring hospitalization or the assistance of others, or had one such 
episode but not had one year of stability following the episode:

Timothy W. Adams
Robert A. Beaty
Andrew S. Crawford
Jesse J.D. Graber
Ryan B. Silva
Jimmy R. Toton
Deborah C. Williams

    The following 9 applicants had other medical conditions making the 
applicant otherwise unqualified under the Federal Motor Carrier Safety 
Regulations:

Nader M. Abdelrahman
Richard G. Baker
Patrick L. Beasley
John T. Brecken
Robert E. Davis
Marlin L. Gabbard
Marvin D. Mitchell
David W. Presby
Darrel J. Shafer

    The following applicant, Tina M.M. Kent, was unable to have an 
endocrinologist state the applicant is able to operate a CMV from a 
diabetes standpoint.
    The following applicant, Henry G.E. Martinez, currently resides in 
Puerto Rico. He is not eligible because a Federal exemption is for 
drivers operating only in the United States.
    The following 3 applicants did not meet the minimum age criteria 
outlined in 49 CFR 391.41(b)(1) which states that an individual must be 
at least 21 years old to operate a CMV in interstate commerce:

Ervin L. Fulton, Jr.
Henry G. McGinnis
Samuel J. Opatz

    The following 19 applicants were excepted from the diabetes 
standard based on 49 CFR390.3(f):

Brian K. Aldrich
Christopher A. Ball
John A. Bowman
Wilbert A. Cummings, Jr.
Larry W. Davlin
Theodore J. Hargraves
Erick B. Hobson
Stanley Holiday, Jr.
Mark J. Huselstein
Wesley T. Johnson

[[Page 40746]]

Robert R. Martinez
Robert S. Mendoza
Arbra M. Patton
Vincent Randle
Robert J. Stepien
Franklin T. Sult
Calvin R. Williams
Melissa F. Williams
Ronald D. Williams

    Issued on: June 13, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-14753 Filed 6-21-16; 8:45 am]
 BILLING CODE 4910-EX-P