Qualification of Drivers; Exemption Applications; Diabetes, 58250-58251 [2017-26585]
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Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices
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., ET, 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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
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Jamieson Greer,
Chief of Staff, Office of the United States
Trade Representative.
[FR Doc. 2017–26597 Filed 12–8–17; 8:45 am]
BILLING CODE 3290–F8–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0237]
Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of denials.
AGENCY:
FMCSA announces its
decision to deny applications from 81
individuals who requested an
exemption from the Federal Motor
Carrier Safety Regulations (FMCSRs)
prohibiting persons with insulin-treated
diabetes mellitus (ITDM) from operating
a commercial motor vehicle (CMV) in
interstate commerce.
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 8:30 a.m. to 5
p.m., ET, 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:
SUMMARY:
daltland on DSKBBV9HB2PROD with NOTICES
I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov and/or Room
VerDate Sep<11>2014
17:54 Dec 08, 2017
Jkt 244001
II. Background
FMCSA received applications from 81
individuals who requested an
exemption from the FMCSRs
prohibiting persons with ITDM from
operating a CMV in interstate
commerce. FMCSA has evaluated the
eligibility of these applicants and
concluded that granting these
exemptions would not provide a level of
safety that would be equivalent to or
greater than, the level of safety that
would be obtained by complying with
the regulation 49 CFR 391.41(b)(3).
III. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for two
years 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 Agency’s decision regarding these
exemption applications is based on the
eligibility criteria, the terms and
conditions for Federal exemptions, and
an individualized assessment of each
applicant’s medical information
provided by the applicant.
IV. Conclusion
The Agency has determined that these
applicants do not satisfy the criteria
eligibility or meet the terms and
conditions of the Federal exemption and
granting these exemptions would not
provide a level of safety that would be
equivalent to or greater than, the level
of safety that would be obtained by
complying with the regulation 49 CFR
391.41(b)(3). Therefore, the 81
applicants in this notice have been
denied exemptions from the physical
qualification standards in 49 CFR
391.41(b)(3).
Each applicant has, prior to this
notice, received a letter of final
disposition regarding his/her exemption
request. Those decision letters fully
outlined the basis for the denial and
constitutes final action by the Agency.
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
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 eight applicants met
the diabetes requirements of 49 CFR
391.41(b)(3) and do not need an
exemption:
Melchor A. Corral (CO)
Timothy J. Furman (NY)
Alex A. Jackson (TX)
Gregory M. Johnson (TX)
William S. Langeluttig (ME)
Maria C. Mariquez (TX)
Sergio P. Raymundo (KS)
Maurice R. Williams (MN)
The following 42 applicants were not
operating CMVs in interstate commerce:
Jason A. Applegate (AR)
Christopher J. Barreira (MA)
Zamorano Benito (CA)
Mingle Blake (FL)
Joshua J.J. Blouin (VT)
Marcial C. Cardenas (FL)
Billy B. Carnes (NE)
Roy L. Christopherson (WI)
Marvin B. Collins (IN)
James P. Demby (MD)
Walter Dudiak (PA)
Beth-Lynne Durant (MA)
Nicholas B. Durkin (NJ)
Martin N. Escalante (NC)
William F. Gelinas (MA)
Darren K. Green (CT)
Robert J. Grewette (MI)
Randy S. Huckins (AZ)
Anthony E. Jackson (TX)
Kevin T. Lively (TN)
Rendell E. Norrington (IL)
Ryan A. Oglesby (IN)
Latasha M. Oliver (OH)
Donte S. Parker (MD)
Steven J. Pipa (FL)
Ricardo C. Ray (CA)
Larry J. Rogers (MA)
George Sanchez (TX)
Carlos Sanchez (MA)
Richard K. Schaefer (TX)
Galen L. Sears (KS)
Michael W. Stockton (WI)
Milton L. Terrell (VA)
Jerry L. Thomas (GA)
Erasmo Torres (TX)
Ralph VanZandt, Jr. (NY)
Susie M. Vazquez (CA)
Kenneth Walker (MN)
Kenneth C. Waterhouse (CT)
Raymond L. Williamson (IL)
Terry L. Wood (NC)
Billy E. York (NC)
The following six 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:
David J. Couch (OR)
E:\FR\FM\11DEN1.SGM
11DEN1
Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices
Delmar W. Daoust (FL)
Cameron D. Ferguson (TX)
George W. Huwe (PA)
Kevin R. Kerrigan (MI)
William E. Naeve (CO)
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0381; FMCSA–
2014–0382; FMCSA–2015–0115]
Kenneth E. Gilreath (OH) had other
medical conditions making the
applicant otherwise unqualified under
the FMCSRs.
The following two applicants did not
have endocrinologists willing to make
statements that they are able to operate
CMVs from a diabetes standpoint:
Michael L. Hawkins (GA) had other
miscellaneous reasons making the
applicant otherwise unqualified under
the FMCSRs.
Glenn A. Bauer (SK) currently resides
in Canada. He is not eligible because the
Federal exemption is for drivers
operating only in the United States.
Patrick L. Beasley (AR) has peripheral
neuropathy or circulatory insufficiency
of the extremities likely to interfere with
his ability to operate a CMV.
The following four 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:
Drake C. Comer (VA)
Melissa A. Laskowski (NY)
Matthew T.S. Odell (OH)
Cameron M. Simpson (CA)
daltland on DSKBBV9HB2PROD with NOTICES
The following 15 applicants were
exempt from the diabetes standard:
David L. Balcom (MO)
Michael G. Brown (MD)
Perry C. Browning (OR)
Jeffery A. Cooper (IN)
Steven T. Dolar (CA)
Marsha S. Dunn (NC)
Melody F. Levi (IL)
Jason R. Maunz (OH)
Cindy L. Murphy (OK)
Blake A. Nylund (WA)
Thomas F. Rinn (CO)
Joshua J. Rodman (CT)
Mary A. Satterfield (TN)
Earl T. Smith (MT)
Tesfaye Tekle (TX)
FMCSA announces its
decision to renew exemptions for three
individuals from the requirement in the
Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate
commercial motor vehicle (CMV)
drivers have ‘‘no established medical
history or clinical diagnosis of epilepsy
or any other condition which is likely
to cause loss of consciousness or any
loss of ability to control a CMV.’’ The
exemptions enable these individuals
who have had one or more seizures and
are taking anti-seizure medication to
continue to operate CMVs in interstate
commerce.
DATES: The exemptions were applicable
on June 10, 2017. The exemptions
expire on June 10, 2019.
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 8:30 a.m. to 5
p.m., ET, 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
Issued on: December 4, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–26585 Filed 12–8–17; 8:45 am]
BILLING CODE 4910–EX–P
17:54 Dec 08, 2017
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
SUMMARY:
David A. Martin (IL)
Amy L. Purvis (WI)
VerDate Sep<11>2014
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Jkt 244001
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
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., ET, 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
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
58251
comments, without edit, including any
personal information the commenter
provides, to https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
II. Background
On September 18, 2017, FMCSA
published a notice announcing its
decision to renew exemptions for three
individuals from the epilepsy and
seizure disorders prohibition in 49 CFR
391.41(b)(8) to operate a CMV in
interstate commerce and requested
comments from the public (82 FR
43652). The public comment period
ended on October 18, 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)(8).
The physical qualification standard
for drivers regarding epilepsy found in
49 CFR 391.41(b)(8) states that a person
is physically qualified to drive a CMV
if that person has no established
medical history or clinical diagnosis of
epilepsy or any other condition which
is likely to cause the loss of
consciousness or any loss of ability to
control a CMV.
In addition to the regulations, FMCSA
has published advisory criteria to assist
Medical Examiners in determining
whether drivers with certain medical
conditions are qualified to operate a
CMV in interstate commerce. [49 CFR
part 391, APPENDIX A TO PART 391—
MEDICAL ADVISORY CRITERIA,
section H. Epilepsy: § 391.41(b)(8),
paragraphs 3, 4, and 5.]
III. Discussion of Comments
FMCSA received no comments in this
proceeding.
IV. Conclusion
Based upon its evaluation of the three
renewal exemption applications,
FMCSA announces its’ decision to
exempt the following drivers from the
epilepsy and seizure disorders
prohibition in 49 CFR 391.41(b)(8):
Monte J. DeRocini (PA)
Teddy H. Dixon (GA)
Bryan R. Jones (PA)
The drivers were included in docket
number FMCSA–2014–0381; FMCSA–
2014–0382; FMCSA–2015–0115. Their
exemptions are applicable as of June 10,
2017, and will expire on June 10, 2019.
E:\FR\FM\11DEN1.SGM
11DEN1
]]>Agencies
[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Notices]
[Pages 58250-58251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26585]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0237]
Qualification of Drivers; Exemption Applications; Diabetes
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of denials.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to deny applications from 81
individuals who requested an exemption from the Federal Motor Carrier
Safety Regulations (FMCSRs) prohibiting persons with insulin-treated
diabetes mellitus (ITDM) from operating a commercial motor vehicle
(CMV) in interstate commerce.
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 8:30 a.m. to 5 p.m.,
ET, 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: https://www.regulations.gov.
Docket: For access to the docket to read background documents or
comments, go to https://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., ET, 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 https://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at https://www.dot.gov/privacy.
II. Background
FMCSA received applications from 81 individuals who requested an
exemption from the FMCSRs prohibiting persons with ITDM from operating
a CMV in interstate commerce. FMCSA has evaluated the eligibility of
these applicants and concluded that granting these exemptions would not
provide a level of safety that would be equivalent to or greater than,
the level of safety that would be obtained by complying with the
regulation 49 CFR 391.41(b)(3).
III. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for two years 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 Agency's decision regarding these exemption applications is
based on the eligibility criteria, the terms and conditions for Federal
exemptions, and an individualized assessment of each applicant's
medical information provided by the applicant.
IV. Conclusion
The Agency has determined that these applicants do not satisfy the
criteria eligibility or meet the terms and conditions of the Federal
exemption and granting these exemptions would not provide a level of
safety that would be equivalent to or greater than, the level of safety
that would be obtained by complying with the regulation 49 CFR
391.41(b)(3). Therefore, the 81 applicants in this notice have been
denied exemptions from the physical qualification standards in 49 CFR
391.41(b)(3).
Each applicant has, prior to this notice, received a letter of
final disposition regarding his/her exemption request. Those decision
letters fully outlined the basis for the denial and constitutes final
action by the Agency. 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 eight applicants met the diabetes requirements of 49
CFR 391.41(b)(3) and do not need an exemption:
Melchor A. Corral (CO)
Timothy J. Furman (NY)
Alex A. Jackson (TX)
Gregory M. Johnson (TX)
William S. Langeluttig (ME)
Maria C. Mariquez (TX)
Sergio P. Raymundo (KS)
Maurice R. Williams (MN)
The following 42 applicants were not operating CMVs in interstate
commerce:
Jason A. Applegate (AR)
Christopher J. Barreira (MA)
Zamorano Benito (CA)
Mingle Blake (FL)
Joshua J.J. Blouin (VT)
Marcial C. Cardenas (FL)
Billy B. Carnes (NE)
Roy L. Christopherson (WI)
Marvin B. Collins (IN)
James P. Demby (MD)
Walter Dudiak (PA)
Beth-Lynne Durant (MA)
Nicholas B. Durkin (NJ)
Martin N. Escalante (NC)
William F. Gelinas (MA)
Darren K. Green (CT)
Robert J. Grewette (MI)
Randy S. Huckins (AZ)
Anthony E. Jackson (TX)
Kevin T. Lively (TN)
Rendell E. Norrington (IL)
Ryan A. Oglesby (IN)
Latasha M. Oliver (OH)
Donte S. Parker (MD)
Steven J. Pipa (FL)
Ricardo C. Ray (CA)
Larry J. Rogers (MA)
George Sanchez (TX)
Carlos Sanchez (MA)
Richard K. Schaefer (TX)
Galen L. Sears (KS)
Michael W. Stockton (WI)
Milton L. Terrell (VA)
Jerry L. Thomas (GA)
Erasmo Torres (TX)
Ralph VanZandt, Jr. (NY)
Susie M. Vazquez (CA)
Kenneth Walker (MN)
Kenneth C. Waterhouse (CT)
Raymond L. Williamson (IL)
Terry L. Wood (NC)
Billy E. York (NC)
The following six 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:
David J. Couch (OR)
[[Page 58251]]
Delmar W. Daoust (FL)
Cameron D. Ferguson (TX)
George W. Huwe (PA)
Kevin R. Kerrigan (MI)
William E. Naeve (CO)
Kenneth E. Gilreath (OH) had other medical conditions making the
applicant otherwise unqualified under the FMCSRs.
The following two applicants did not have endocrinologists willing
to make statements that they are able to operate CMVs from a diabetes
standpoint:
David A. Martin (IL)
Amy L. Purvis (WI)
Michael L. Hawkins (GA) had other miscellaneous reasons making the
applicant otherwise unqualified under the FMCSRs.
Glenn A. Bauer (SK) currently resides in Canada. He is not eligible
because the Federal exemption is for drivers operating only in the
United States.
Patrick L. Beasley (AR) has peripheral neuropathy or circulatory
insufficiency of the extremities likely to interfere with his ability
to operate a CMV.
The following four 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:
Drake C. Comer (VA)
Melissa A. Laskowski (NY)
Matthew T.S. Odell (OH)
Cameron M. Simpson (CA)
The following 15 applicants were exempt from the diabetes standard:
David L. Balcom (MO)
Michael G. Brown (MD)
Perry C. Browning (OR)
Jeffery A. Cooper (IN)
Steven T. Dolar (CA)
Marsha S. Dunn (NC)
Melody F. Levi (IL)
Jason R. Maunz (OH)
Cindy L. Murphy (OK)
Blake A. Nylund (WA)
Thomas F. Rinn (CO)
Joshua J. Rodman (CT)
Mary A. Satterfield (TN)
Earl T. Smith (MT)
Tesfaye Tekle (TX)
Issued on: December 4, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-26585 Filed 12-8-17; 8:45 am]
BILLING CODE 4910-EX-P
