Qualification of Drivers; Exemption Applications; Diabetes, 35032-35033 [2017-15843]
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35032
Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0040]
Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of denials.
AGENCY:
FMCSA announces its denial
of 111 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: 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–
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 DSK30JT082PROD with NOTICES
SUMMARY:
Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the Federal diabetes standard for a
renewable two 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 111
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
VerDate Sep<11>2014
19:17 Jul 26, 2017
Jkt 241001
publishing names and reasons for
denial.
The following 17 applicants met the
diabetes requirements of 49 CFR
391.41(b)(3) and do not need an
exemption:
Javier V. Alonso (CA)
Gerald G. Blacklock (PA)
Nakoo S. Bridgemohan (NY)
Ruben Camacho Nunez (WA)
Norman P. Day, Jr. (NE)
James F. Deig (TX)
Mehmed Dogdic (GA)
Charles P. Doss (AL)
Antonio Hernandez-Mejia (NJ)
Anthony Juarez (NM)
John D. Ladik (PA)
Rickey A. Mills (IA)
Richard W. Shawley (PA)
Randall D. Shiflett (WV)
Hector R. Taveras (NJ)
Javier Vasquez (CA)
James W. Wickham (WA)
The following 43 applicants were not
operating CMVs in interstate commerce:
Vincete N. Beltran (CA)
John J. Blankenship (IL)
James W. Brennan (CT)
John C. Bushendorf (WI)
Christopher A. Carmel (WA)
Mark A. Crossley (PA)
Roy S. Decker (KY)
Jeffrey Dockhorn (NJ)
Danny Estrella (NY)
Robert J. Fabbro (MN)
Nicholas A. Fenty (NC)
Eusebio J. Fernandez-Caba (NJ)
Jeffrey D. Firme (CO)
Javier G. Gonzales (CO)
Gregory F. Gradisek (OH)
Jennifer L. Groth (CO)
Matthew S. Helm (PA)
Justin R. Hetherington (MN)
Bryant C. Kongsted (MD)
Joseph V. Kozak (NJ)
Randall A. Mercer (MA)
Alice J. Mitchell (LA)
Pablo G. Montez (TX)
Bruno Morelli (PA)
Thomas L. Nichols (WA)
Terry Nihart (PA)
Gil J. Pablo (CA)
Manuel Perales-Ferretiz (GA)
Berkley Pridgen (NC)
Jose N. Ramirez (TX)
Tommy R. Reeves (AR)
Henry A. Reyenga (CA)
David M. Sheeran (NY)
Linda Smith (WA)
Leonard A.G. Stary (KS)
Gary S. Stasiowski (MA)
Jordan A. Teets (PA)
Steven A. Travers (MA)
Bobby T. Trussell (MO)
Charles T. Watts (TN)
William J. Weber (CO)
John G. Weinhofer (PA)
Charles D. Zahn (FL)
PO 00000
Frm 00110
Fmt 4703
Sfmt 4703
The following 14 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:
Kenneth E. Brogden (NC)
Kevin E. Cooke (NC)
Lawrence G. Difolco (NJ)
Daniel E. Dingley (ME)
Richard S. Feicht (PA)
Raymond J. Freeman (TX)
Dana L. Guest (TN)
Anthony M. Hamilton (MO)
Parkinson B. James (NY)
Kevin R. Kerrigan (MI)
Ryan A. McCorkle (ID)
Russell D. Millican (OK)
Henry H. Rowen (MO)
Joseph A. Silva (MA)
The following two applicants had
other medical conditions making the
applicant otherwise unqualified under
the Federal Motor Carrier Safety
Regulations:
Manuel R. Arciniega (NM)
Scott N. Clark (IA)
The following four applicants did not
have endocrinologists willing to make
statements that they are able to operate
CMVs from a diabetes standpoint:
Rodney G. Barber (GA)
Donald L. Russell (MD)
Anthony Sandoval (DE)
Fritz A. Thomas (NY)
Sebastian H. Thomas (ME) is unable
or has not demonstrated with
willingness to properly monitor and
manage his diabetes whether by a
personal decision or medical inability.
The following three applicants have
peripheral neuropathy or circulatory
insufficiency of the extremities likely to
interfere with the ability to operate a
CMV:
Joseph F. Houska (MI)
Richard B. Maurer (PA)
Keith A. Shaffer (PA)
The following six 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:
Cody M. Burwell (SC)
Michael M. Dunkelberger (PA)
Robert L. Garcia (NM)
Caleb Strong (OR)
Blake A. Wing (MI)
Austin D. Yuill (IL)
The following 21 applicants were
exempt from the diabetes standard:
Duane D. Bredin (WA)
Milton Burel (TX)
Jose L. Cortes (TX)
Timothy J. Dryml (IA)
E:\FR\FM\27JYN1.SGM
27JYN1
Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices
Cindy E. Grimes (NE)
Gregory H. Harris (TX)
Anthony R. Howard (GA)
Kenneth D. Klein (WA)
Richard E. Lomicka (FL)
Kirby G. Lunsford (TX)
Thomas C. McGee (SC)
Henry J. Perry (NJ)
Jimmy D. Pharis (KY)
Michael A. Ralston (OH)
Wesley R. Schmid (CT)
Brett A. Smith (IN)
Kelly R. Toliver (CO)
Richard B. Walker (IN)
Wesley G. Walton (VA)
Anthony J. White (NY)
Spencer D. Wooden (WI)
Issued on: July 19, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–15843 Filed 7–26–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0038]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation.
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:
Comments must be received on
or before August 28, 2017.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2017–0038 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://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,
mstockstill on DSK30JT082PROD with NOTICES
DATES:
VerDate Sep<11>2014
19:17 Jul 26, 2017
Jkt 241001
DC, between 9 a.m. and 5 p.m., e.t.,
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 https://
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 https://
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., E.T., 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: 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–
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 47 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
PO 00000
Frm 00111
Fmt 4703
Sfmt 4703
35033
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.
II. Qualifications of Applicants
Miguel A. Alicea
Mr. Alicea, 57, has had ITDM since
2014. His endocrinologist examined him
in 2017 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. Alicea understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Alicea 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 Connecticut.
Ralph W. Boyatt
Mr. Boyatt, 63, has had ITDM since
2012. His endocrinologist examined him
in 2017 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. Boyatt understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Boyatt meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2017 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from
Washington.
Eduard Braun
Mr. Braun, 59, has had ITDM since
2008. His endocrinologist examined him
in 2017 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
E:\FR\FM\27JYN1.SGM
27JYN1
]]>Agencies
[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Notices]
[Pages 35032-35033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15843]
[[Page 35032]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0040]
Qualification of Drivers; Exemption Applications; Diabetes
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of denials.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its denial of 111 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: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
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 two 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 111 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 17 applicants met the diabetes requirements of 49 CFR
391.41(b)(3) and do not need an exemption:
Javier V. Alonso (CA)
Gerald G. Blacklock (PA)
Nakoo S. Bridgemohan (NY)
Ruben Camacho Nunez (WA)
Norman P. Day, Jr. (NE)
James F. Deig (TX)
Mehmed Dogdic (GA)
Charles P. Doss (AL)
Antonio Hernandez-Mejia (NJ)
Anthony Juarez (NM)
John D. Ladik (PA)
Rickey A. Mills (IA)
Richard W. Shawley (PA)
Randall D. Shiflett (WV)
Hector R. Taveras (NJ)
Javier Vasquez (CA)
James W. Wickham (WA)
The following 43 applicants were not operating CMVs in interstate
commerce:
Vincete N. Beltran (CA)
John J. Blankenship (IL)
James W. Brennan (CT)
John C. Bushendorf (WI)
Christopher A. Carmel (WA)
Mark A. Crossley (PA)
Roy S. Decker (KY)
Jeffrey Dockhorn (NJ)
Danny Estrella (NY)
Robert J. Fabbro (MN)
Nicholas A. Fenty (NC)
Eusebio J. Fernandez-Caba (NJ)
Jeffrey D. Firme (CO)
Javier G. Gonzales (CO)
Gregory F. Gradisek (OH)
Jennifer L. Groth (CO)
Matthew S. Helm (PA)
Justin R. Hetherington (MN)
Bryant C. Kongsted (MD)
Joseph V. Kozak (NJ)
Randall A. Mercer (MA)
Alice J. Mitchell (LA)
Pablo G. Montez (TX)
Bruno Morelli (PA)
Thomas L. Nichols (WA)
Terry Nihart (PA)
Gil J. Pablo (CA)
Manuel Perales-Ferretiz (GA)
Berkley Pridgen (NC)
Jose N. Ramirez (TX)
Tommy R. Reeves (AR)
Henry A. Reyenga (CA)
David M. Sheeran (NY)
Linda Smith (WA)
Leonard A.G. Stary (KS)
Gary S. Stasiowski (MA)
Jordan A. Teets (PA)
Steven A. Travers (MA)
Bobby T. Trussell (MO)
Charles T. Watts (TN)
William J. Weber (CO)
John G. Weinhofer (PA)
Charles D. Zahn (FL)
The following 14 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:
Kenneth E. Brogden (NC)
Kevin E. Cooke (NC)
Lawrence G. Difolco (NJ)
Daniel E. Dingley (ME)
Richard S. Feicht (PA)
Raymond J. Freeman (TX)
Dana L. Guest (TN)
Anthony M. Hamilton (MO)
Parkinson B. James (NY)
Kevin R. Kerrigan (MI)
Ryan A. McCorkle (ID)
Russell D. Millican (OK)
Henry H. Rowen (MO)
Joseph A. Silva (MA)
The following two applicants had other medical conditions making
the applicant otherwise unqualified under the Federal Motor Carrier
Safety Regulations:
Manuel R. Arciniega (NM)
Scott N. Clark (IA)
The following four applicants did not have endocrinologists willing
to make statements that they are able to operate CMVs from a diabetes
standpoint:
Rodney G. Barber (GA)
Donald L. Russell (MD)
Anthony Sandoval (DE)
Fritz A. Thomas (NY)
Sebastian H. Thomas (ME) is unable or has not demonstrated with
willingness to properly monitor and manage his diabetes whether by a
personal decision or medical inability.
The following three applicants have peripheral neuropathy or
circulatory insufficiency of the extremities likely to interfere with
the ability to operate a CMV:
Joseph F. Houska (MI)
Richard B. Maurer (PA)
Keith A. Shaffer (PA)
The following six 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:
Cody M. Burwell (SC)
Michael M. Dunkelberger (PA)
Robert L. Garcia (NM)
Caleb Strong (OR)
Blake A. Wing (MI)
Austin D. Yuill (IL)
The following 21 applicants were exempt from the diabetes standard:
Duane D. Bredin (WA)
Milton Burel (TX)
Jose L. Cortes (TX)
Timothy J. Dryml (IA)
[[Page 35033]]
Cindy E. Grimes (NE)
Gregory H. Harris (TX)
Anthony R. Howard (GA)
Kenneth D. Klein (WA)
Richard E. Lomicka (FL)
Kirby G. Lunsford (TX)
Thomas C. McGee (SC)
Henry J. Perry (NJ)
Jimmy D. Pharis (KY)
Michael A. Ralston (OH)
Wesley R. Schmid (CT)
Brett A. Smith (IN)
Kelly R. Toliver (CO)
Richard B. Walker (IN)
Wesley G. Walton (VA)
Anthony J. White (NY)
Spencer D. Wooden (WI)
Issued on: July 19, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-15843 Filed 7-26-17; 8:45 am]
BILLING CODE 4910-EX-P
