Qualification of Drivers; Exemption Applications; Diabetes, 51540-51541 [2016-18498]

Download as PDF 51540 Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Notices Gonzalin Sanabria Mr. Sanabria is a 61 year-old class B CDL holder in New York. He has a history of a seizure disorder as the result of brain lymphoma that was diagnosed in 2003. He remains in remission and has been seizure free since 2004. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Sanabria receiving an exemption. David Sica Mr. Sica is a 53 year-old driver in Connecticut. He has a history of a seizure disorder and has remained seizure free since 1985. He takes antiseizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Sica receiving an exemption. Raymond H. Van De Mark Mr. Van De Mark is a 62 class A CDL holder in New Jersey. He has a history of a seizure disorder and has remained seizure free since 1986. He takes antiseizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Van De Mark receiving an exemption. William Frederick Youse Mr. Youse is a 24 year-old driver in North Carolina. He has a history of childhood epilepsy and has been seizure free since 2002. He has not taken anti-seizure medication since 2005. His physician states that he is supportive of Mr. Youse receiving an exemption. sradovich on DSK3GMQ082PROD with NOTICES III. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the date section of the notice. IV. Submitting Comments You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number ‘‘FMCSA–2015–0323’’ and click the VerDate Sep<11>2014 18:12 Aug 03, 2016 Jkt 238001 search button. When the new screen appears, click on the blue ‘‘Comment Now!’’ button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. We will consider all comments and materials received during the comment period. FMCSA may issue a final determination any time after the close of the comment period. V. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, go to http://www.regulations.gov and in the search box insert the docket number FMCSA–2015–0323 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to this notice. Issued on: July 27, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–18499 Filed 8–3–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2016–0217] Qualification of Drivers; Exemption Applications; Diabetes Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. AGENCY: FMCSA announces its denial of 88 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. SUMMARY: PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 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 88 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 8 applicants met the diabetes requirements of 49 CFR 391.41(b)(3) and do not need an exemption: Elbi Aguado Neil R. Boss Matthew A. Bunce Harm A. Gibson Willie Hammond Tommy M. Harris Burke J. Minns Robert R. Roy The following 39 applicants were not operating CMVs in interstate commerce: Steven G. Alvarez Gary L. Atchley Taja T. Barnett David E. Benavides John K. Bottkol Donald L. Conklin Timothy P. Conner Tyrone O. Cooke Garrett M. Cooper Roy L. Cox Isaac K. Danso Robert C. Davis Clarence Evans E:\FR\FM\04AUN1.SGM 04AUN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Notices Carmine Ferraro Anthony P. Fortuna Kenneth E. Fralin Angel Fuentes Arnulfo Garcia Nan W. Hendley Sharon M. Henry Jesse D. Hensley Christopher J. Hundt Richard M. Jackimowicz Thomas W. Johnson David E. Kessling Robert D. Knoblauch Stephanie I. Leisure Nelson F. Meythaler Henry J. Mioduszewski George K. Namauu Nicholas Nigro Terry J. Nihart Wilfredo Padin Oquilla Royster Vincent Shanks Donna E. Smith Jeffrey D. Spoden Michael T. Stremkowski Alvin G. Welch The following 2 applicants had renal insufficiency: Manuel M. Loreto Olga N. Richards The following 8 applicants have had more than one hypoglycemic episode requiring hospitalization or the assistance of others, or has had one such episode but has not had one year of stability following the episode: Gyorgy Kovacs Allen Lara John L. Moreno William T. Phipps, Jr. Jose L. Ramos Michael J. Scheresky Roger M. Smith, Jr. Michael H. Zimmerman The following 4 applicants had other medical conditions making the applicant otherwise unqualified under the Federal Motor Carrier Safety Regulations: Philip M. Burroughs Conrad V. Gooding Eugene R. Huelskamp Santito Zamot, Jr. The following 2 applicants were unable to have an endocrinologist state the applicant is able to operate a CMV from a diabetes standpoint: Kenneth B. Golden, Jr. Michael P. Kruimer The following applicant, Kenneth M. Zakaib, currently resides in Canada. He is not eligible because the Federal exemption is for drivers operating only in the United States. The following applicant, Jeffrey W. Sgrignoli, is unable or has not demonstrated willingness to properly VerDate Sep<11>2014 18:12 Aug 03, 2016 Jkt 238001 monitor and manage his or her diabetes, whether by personal decision or medical inability. The following applicant, Larry Bush, has peripheral neuropathy or circulatory insufficiency of the extremities likely to interfere with his or her ability to operate a CMV. The following 2 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: Ronald D. Kestner Kyle J. Russell The following 20 applicants were exempt from the diabetes standard: Guanny T. Bradley Scott D. Butler Bryan R. Clines Allan J. Clune Earl L. Combs David A. Comeau Robert N. Costa Frank J. Fregoni William Garcia John T. Maher Bart J. Meyer William B. Piver Audrey E. Platt-Carroll Ronald W. Rein Calvin J. Rose Steven A. Traver Robert C. Tucker Wesley G. Walton Caleb K. Whitlock Anthony L. Wingfield Issued on: July 27, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–18498 Filed 8–3–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA—2016–0043] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA). ACTION: Notice of applications for exemptions; request for comments. AGENCY: FMCSA announces receipt of applications from 47 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: PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 51541 Comments must be received on or before September 6, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2016–0043 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 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., DATES: E:\FR\FM\04AUN1.SGM 04AUN1

Agencies

[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Notices]
[Pages 51540-51541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18498]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0217]


Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of denials.

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SUMMARY: FMCSA announces its denial of 88 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 88 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 8 applicants met the diabetes requirements of 49 CFR 
391.41(b)(3) and do not need an exemption:

Elbi Aguado
Neil R. Boss
Matthew A. Bunce
Harm A. Gibson
Willie Hammond
Tommy M. Harris
Burke J. Minns
Robert R. Roy

    The following 39 applicants were not operating CMVs in interstate 
commerce:

Steven G. Alvarez
Gary L. Atchley
Taja T. Barnett
David E. Benavides
John K. Bottkol
Donald L. Conklin
Timothy P. Conner
Tyrone O. Cooke
Garrett M. Cooper
Roy L. Cox
Isaac K. Danso
Robert C. Davis
Clarence Evans

[[Page 51541]]

Carmine Ferraro
Anthony P. Fortuna
Kenneth E. Fralin
Angel Fuentes
Arnulfo Garcia
Nan W. Hendley
Sharon M. Henry
Jesse D. Hensley
Christopher J. Hundt
Richard M. Jackimowicz
Thomas W. Johnson
David E. Kessling
Robert D. Knoblauch
Stephanie I. Leisure
Nelson F. Meythaler
Henry J. Mioduszewski
George K. Namauu
Nicholas Nigro
Terry J. Nihart
Wilfredo Padin
Oquilla Royster
Vincent Shanks
Donna E. Smith
Jeffrey D. Spoden
Michael T. Stremkowski
Alvin G. Welch

    The following 2 applicants had renal insufficiency:

Manuel M. Loreto
Olga N. Richards

    The following 8 applicants have had more than one hypoglycemic 
episode requiring hospitalization or the assistance of others, or has 
had one such episode but has not had one year of stability following 
the episode:

Gyorgy Kovacs
Allen Lara
John L. Moreno
William T. Phipps, Jr.
Jose L. Ramos
Michael J. Scheresky
Roger M. Smith, Jr.
Michael H. Zimmerman

    The following 4 applicants had other medical conditions making the 
applicant otherwise unqualified under the Federal Motor Carrier Safety 
Regulations:

Philip M. Burroughs
Conrad V. Gooding
Eugene R. Huelskamp
Santito Zamot, Jr.

    The following 2 applicants were unable to have an endocrinologist 
state the applicant is able to operate a CMV from a diabetes 
standpoint:

Kenneth B. Golden, Jr.
Michael P. Kruimer

    The following applicant, Kenneth M. Zakaib, currently resides in 
Canada. He is not eligible because the Federal exemption is for drivers 
operating only in the United States.
    The following applicant, Jeffrey W. Sgrignoli, is unable or has not 
demonstrated willingness to properly monitor and manage his or her 
diabetes, whether by personal decision or medical inability.
    The following applicant, Larry Bush, has peripheral neuropathy or 
circulatory insufficiency of the extremities likely to interfere with 
his or her ability to operate a CMV.
    The following 2 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:

Ronald D. Kestner
Kyle J. Russell

    The following 20 applicants were exempt from the diabetes standard:

Guanny T. Bradley
Scott D. Butler
Bryan R. Clines
Allan J. Clune
Earl L. Combs
David A. Comeau
Robert N. Costa
Frank J. Fregoni
William Garcia
John T. Maher
Bart J. Meyer
William B. Piver
Audrey E. Platt-Carroll
Ronald W. Rein
Calvin J. Rose
Steven A. Traver
Robert C. Tucker
Wesley G. Walton
Caleb K. Whitlock
Anthony L. Wingfield

    Issued on: July 27, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-18498 Filed 8-3-16; 8:45 am]
 BILLING CODE 4910-EX-P