Qualification of Drivers; Exemption Applications; Diabetes, 6715-6716 [2018-03030]
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Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
annual checklist with a comprehensive
medical evaluation; (2) each driver must
report within two business days of
occurrence, all episodes of severe
hypoglycemia, significant
complications, or inability to manage
diabetes; also, any involvement in an
accident or any other adverse event in
a CMV or personal vehicle, whether or
not it is related to an episode of
hypoglycemia; (3) each driver must
submit an annual ophthalmologist’s or
optometrist’s report; and (4) each driver
must provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file, or keep a copy in his/her driver’s
qualification file if he/she is selfemployed. The driver must also have a
copy of the exemption when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official. The exemption will be
rescinded if: (1) The person fails to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.
V. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VI. Conclusion
Based upon its evaluation of the 186
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the rule prohibiting drivers
with ITDM from driving CMVs in
interstate commerce. In accordance with
49 U.S.C. 31136(e) and 31315, each
exemption will be valid for two years
unless revoked earlier by FMCSA.
Issued on: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
BILLING CODE 4910–EX–P
daltland on DSKBBV9HB2PROD with NOTICES
DEPARTMENT OF TRANSPORTATION
[Docket No. FMCSA–2018–0021]
Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
VerDate Sep<11>2014
22:07 Feb 13, 2018
Jkt 244001
III. Basis for Exemption Determination
Notice of denials.
FMCSA announces its
decision to deny applications from 97
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.
SUMMARY:
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., 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.
FOR FURTHER INFORMATION CONTACT:
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., 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 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
[FR Doc. 2018–03047 Filed 2–13–18; 8:45 am]
Federal Motor Carrier Safety
Administration
ACTION:
FMCSA received applications from 97
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).
PO 00000
Frm 00209
Fmt 4703
Sfmt 4703
6715
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption 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 97
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 12 applicants met the
diabetes requirements of 49 CFR
391.41(b)(3) and do not need an
exemption:
Jerome E. Bembry (FL)
Scott J. Blair (MI)
Bryan D. Cash (MI)
John C. Czar (PA)
James P. Despirito (PA)
Lawrence Jackson (MO)
Curtis L. Jones (NY)
Wesley A. McLaughlin (PA)
Francisco Paz (TX)
Keith R. Smith (MN)
Eloy O. Valdez (CA)
Matthew Windle (GA)
The following 55 applicants were not
operating CMVs in interstate commerce:
Warren E. Akiona (WA)
Mohammed B. Alnounou (MI)
Robert F. Aubert (IA)
David G. Barclay (PA)
Roy E. Barticciotto (NY)
Lucrecia Bethea (NJ)
Michael A. Bogardus (NY)
Vincent F. Brewer (MI)
E:\FR\FM\14FEN1.SGM
14FEN1
daltland on DSKBBV9HB2PROD with NOTICES
6716
Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
Christopher W. Brown (FL)
Rodney W. Buxkemper (TX)
Douglas R. Christian (GA)
Marie A. Clark (MA)
Daniel G. Close (AL)
Timothy P. Deignan (MA)
Roy D. Draughon (OH)
Saul Garcia (CA)
John A. Gott (MD)
Paul T. Haegele (ND)
David A. Heard (SD)
Marvin M. Heatherly (TN)
Justin M. Herb (IN)
Daniel T. Hernandez (TX)
Terry D. Higdon (TN)
Donald F. Higgins (IN)
Steven W. Hobbs (GA)
Demarco L. Johnson (GA)
Howard Jones (NY)
Hoyt M. Jordan (IA)
David E. Logan (OR)
Aner A. Maldonado (IL)
Robert R. Martinez (CA)
Daniel P. McCartney (IL)
James A. McFail (DC)
Richard A. Miller (PA)
Domenic Moffo (CT)
James P. Moran (WV)
James L. Morgan, Jr. (NC)
Steven E. Novitski (WI)
Mark A. Nowakowski (WA)
Michael A. Ragan (MD)
Timothy E. Reilly (CT)
Michael L. Roberts (IA)
Jesus P. Sanchez (AZ)
Rafael Santiago (FL)
Dewey D. Shawver (WA)
Kenneth J. Sortman (OH)
Wendell A. Sowards (OH)
Edward R. Sutton (CA)
Austin M. Thies (IA)
Hughes Tranquille (NY)
Robert E. Trumbull (OH)
Ronald L. Weaver (PA)
Walter S. Whitehorn (AK)
Bruce A. Willard (NH)
Ricky D. Yates (GA)
The following two 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: Steven
G. Donovan, (MO); Dagmar E. Kark,
(WA).
The following four applicants had
other medical conditions making the
applicant otherwise unqualified under
the Federal Motor Carrier Safety
Regulations:
Carl Bouie (MD)
Kenneth D. Ettinger (PA)
Leonard W. Narragon (TX)
Roger G. Rousseau (WA)
The following three applicants did
not have endocrinologists willing to
make statements that they are able to
operate CMVs from a diabetes
VerDate Sep<11>2014
22:07 Feb 13, 2018
Jkt 244001
standpoint: Mohd Issa R.A. El
Muhtaseb, (IL); Eleazar Pina, (IL); Robert
B. Puckett, (IL).
The following two applicants have
peripheral neuropathy or circulatory
insufficiency of the extremities likely to
interfere with the ability to operate a
CMV: Flavio Pereira, (MA); Charlie T.
Melson, (GA).
The following applicant does 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: Michael J. Sabarese, (NJ).
The following 18 applicants were
exempt from the diabetes standard:
Troy L. Bunch (NC)
Shawn M. Cody (IN)
Rodger L. Davis (VA)
Stuart A. Desautel (WA)
Gary D. Detwiler (CA)
Gary M. Fuller (IN)
Herman Harris (SC)
Kenneth L. Johnson (FL)
Paul Key (IL)
Leodon L. Killinger (ME)
James C. Lewis (LA)
Mario M. Moreno (CA)
Robert C. Newell (KY)
Pedro Pagan (NY)
Horace G. Perry (TX)
Domingo D. Rangel (TX)
Dale Z. Stephens (PA)
David D. Trupia (NY)
Issued on: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–03030 Filed 2–13–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0254]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from six individuals for an
exemption from the prohibition in the
Federal Motor Carrier Safety
Regulations (FMCSRs) against persons
with a clinical diagnosis of epilepsy or
any other condition that is likely to
cause a loss of consciousness or any loss
of ability to control a commercial motor
vehicle (CMV) to drive in interstate
commerce. If granted, the exemptions
SUMMARY:
PO 00000
Frm 00210
Fmt 4703
Sfmt 4703
would enable these individuals who
have had one or more seizures and are
taking anti-seizure medication to
operate CMVs in interstate commerce.
DATES: Comments must be received on
or before March 16, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2017–0254 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online 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., e.t.,
Monday through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket number(s) 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
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 online.
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.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
E:\FR\FM\14FEN1.SGM
14FEN1
]]>Agencies
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6715-6716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03030]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0021]
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 97
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.,
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: 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., 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 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 97 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 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 97 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 12 applicants met the diabetes requirements of 49 CFR
391.41(b)(3) and do not need an exemption:
Jerome E. Bembry (FL)
Scott J. Blair (MI)
Bryan D. Cash (MI)
John C. Czar (PA)
James P. Despirito (PA)
Lawrence Jackson (MO)
Curtis L. Jones (NY)
Wesley A. McLaughlin (PA)
Francisco Paz (TX)
Keith R. Smith (MN)
Eloy O. Valdez (CA)
Matthew Windle (GA)
The following 55 applicants were not operating CMVs in interstate
commerce:
Warren E. Akiona (WA)
Mohammed B. Alnounou (MI)
Robert F. Aubert (IA)
David G. Barclay (PA)
Roy E. Barticciotto (NY)
Lucrecia Bethea (NJ)
Michael A. Bogardus (NY)
Vincent F. Brewer (MI)
[[Page 6716]]
Christopher W. Brown (FL)
Rodney W. Buxkemper (TX)
Douglas R. Christian (GA)
Marie A. Clark (MA)
Daniel G. Close (AL)
Timothy P. Deignan (MA)
Roy D. Draughon (OH)
Saul Garcia (CA)
John A. Gott (MD)
Paul T. Haegele (ND)
David A. Heard (SD)
Marvin M. Heatherly (TN)
Justin M. Herb (IN)
Daniel T. Hernandez (TX)
Terry D. Higdon (TN)
Donald F. Higgins (IN)
Steven W. Hobbs (GA)
Demarco L. Johnson (GA)
Howard Jones (NY)
Hoyt M. Jordan (IA)
David E. Logan (OR)
Aner A. Maldonado (IL)
Robert R. Martinez (CA)
Daniel P. McCartney (IL)
James A. McFail (DC)
Richard A. Miller (PA)
Domenic Moffo (CT)
James P. Moran (WV)
James L. Morgan, Jr. (NC)
Steven E. Novitski (WI)
Mark A. Nowakowski (WA)
Michael A. Ragan (MD)
Timothy E. Reilly (CT)
Michael L. Roberts (IA)
Jesus P. Sanchez (AZ)
Rafael Santiago (FL)
Dewey D. Shawver (WA)
Kenneth J. Sortman (OH)
Wendell A. Sowards (OH)
Edward R. Sutton (CA)
Austin M. Thies (IA)
Hughes Tranquille (NY)
Robert E. Trumbull (OH)
Ronald L. Weaver (PA)
Walter S. Whitehorn (AK)
Bruce A. Willard (NH)
Ricky D. Yates (GA)
The following two 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: Steven G. Donovan, (MO); Dagmar E. Kark, (WA).
The following four applicants had other medical conditions making
the applicant otherwise unqualified under the Federal Motor Carrier
Safety Regulations:
Carl Bouie (MD)
Kenneth D. Ettinger (PA)
Leonard W. Narragon (TX)
Roger G. Rousseau (WA)
The following three applicants did not have endocrinologists
willing to make statements that they are able to operate CMVs from a
diabetes standpoint: Mohd Issa R.A. El Muhtaseb, (IL); Eleazar Pina,
(IL); Robert B. Puckett, (IL).
The following two applicants have peripheral neuropathy or
circulatory insufficiency of the extremities likely to interfere with
the ability to operate a CMV: Flavio Pereira, (MA); Charlie T. Melson,
(GA).
The following applicant does 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: Michael
J. Sabarese, (NJ).
The following 18 applicants were exempt from the diabetes standard:
Troy L. Bunch (NC)
Shawn M. Cody (IN)
Rodger L. Davis (VA)
Stuart A. Desautel (WA)
Gary D. Detwiler (CA)
Gary M. Fuller (IN)
Herman Harris (SC)
Kenneth L. Johnson (FL)
Paul Key (IL)
Leodon L. Killinger (ME)
James C. Lewis (LA)
Mario M. Moreno (CA)
Robert C. Newell (KY)
Pedro Pagan (NY)
Horace G. Perry (TX)
Domingo D. Rangel (TX)
Dale Z. Stephens (PA)
David D. Trupia (NY)
Issued on: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-03030 Filed 2-13-18; 8:45 am]
BILLING CODE 4910-EX-P
