Qualification of Drivers; Exemption Applications; Diabetes, 34674-34675 [2018-15564]

Download as PDF daltland on DSKBBV9HB2PROD with NOTICES 34674 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices The drivers were included in docket numbers FMCSA–2009–0011; FMCSA– 2010–0050. Their exemptions are applicable as of May 21, 2018, and will expire on May 21, 2020. As of May 22, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 13 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (79 FR 18392; 79 FR 29498; 81 FR 91239): James E. Baker (OH) Aaron D. Barnett (IA) Danny J. Goss (MO) James P. Griffin (WA) Dennis P. Hart (OR) James D. Kessler (SD) Sherell J. Landry (TX) Ronald N. Lindgren (MN) Rodney J. McMorran (IA) John L. Meese (MO) Michael E. Schlachter (WY) Kenneth W. Sigl (WI) Elmer F. Winters (NC) The drivers were included in docket number FMCSA–2014–0004. Their exemptions are applicable as of May 22, 2018, and will expire on May 22, 2020. As of May 25, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following seven individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (64 FR 68195; 65 FR 20251; 67 FR 10471; 67 FR 17102; 67 FR 19798; 69 FR 17267; 69 FR 19611; 71 FR 14566; 71 FR 16410; 71 FR 19604; 71 FR 30227; 73 FR 27014; 75 FR 27622; 77 FR 20879; 77 FR 26816; 77 FR 31427; 81 FR 91239): Edward W. Hosier (MO) Craig T. Jorgensen (WI) Jose A. Lopez (CT) Earl E. Martin (VA) Joseph C. Powell (VA) David L. Schachle (PA) Mark Sobczyk (WI) The drivers were included in docket numbers FMCSA–1999–6480; FMCSA– 2001–11426; FMCSA–2006–24015; FMCSA–2012–0039. Their exemptions are applicable as of May 25, 2018, and will expire on May 25, 2020. As of May 30, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following three individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (67 FR 15662; 67 FR 37907; 69 FR 26206; 71 FR 26602; 73 FR 27017; 75 FR 27621; 77 FR 27849; 81 FR 91239): Joe W. Brewer, (SC); James W. Ellis, 4th, (NJ); Kevin R. Stoner, (PA). VerDate Sep<11>2014 18:06 Jul 19, 2018 Jkt 244001 The drivers were included in docket number FMCSA–2002–11714. Their exemptions are applicable as of May 30, 2018, and will expire on May 30, 2020. In accordance with 49 U.S.C. 31315, each exemption will be valid for two years from the effective date 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 prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. comments, go to http:// 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 http://www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at http://www.dot.gov/ privacy. Issued on: July 12, 2018. Larry W. Minor, Associate Administrator for Policy. II. Background FMCSA received applications from 14 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). [FR Doc. 2018–15553 Filed 7–19–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2018–0034] 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 14 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., 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: SUMMARY: I. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: http:// www.regulations.gov. Docket: For access to the docket to read background documents or PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 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 14 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 E:\FR\FM\20JYN1.SGM 20JYN1 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 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 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: Anthony D. Anderson (MN) Austin T. Brooks (MO) Joshua G. Christensen (NC) Alan C. Hageman (IA) James Kopec (PA) Samuel A. Rosseau (MA) The following five applicants had other medical conditions making the applicant otherwise unqualified under the Federal Motor Carrier Safety Regulations: Eugene C. Arnett (WI) Donald L. Conklin (IN) Steven C. Kasten (IL) Daniel R. Leon (CO) Lee H. Watkins (OH) The following applicant, Anthony L. Golden (DE), did not have endocrinologists willing to make statements that he is able to operate CMVs from a diabetes standpoint. The following applicant, Marty G. Niles (MT), had other miscellaneous reasons making the applicant otherwise unqualified under the Federal Motor Carrier Safety Regulations. The following applicant, Robert J. Louis (LA), has peripheral neuropathy or circulatory insufficiency of the extremities likely to interfere with the ability to operate a CMV. Issued on: July 13, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–15564 Filed 7–19–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION daltland on DSKBBV9HB2PROD with NOTICES Federal Motor Carrier Safety Administration [Docket No. FMCSA–2008–0071; FMCSA– 2012–0044; FMCSA–2012–0107; FMCSA– 2014–0015; FMCSA–2014–0016; FMCSA– 2016–0037; FMCSA–2016–0039] Qualification of Drivers; Exemption Applications; Diabetes Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: VerDate Sep<11>2014 18:06 Jul 19, 2018 Jkt 244001 FMCSA announces its decision to renew exemptions for 133 individuals from its prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals with ITDM to continue to operate CMVs in interstate commerce. DATES: Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. 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 5:30 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: SUMMARY: I. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: http:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http:// 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 http://www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at http://www.dot.gov/ privacy. II. Background On May 29, 2018, FMCSA published a notice announcing its decision to renew exemptions for 133 individuals from the insulin-treated diabetes mellitus prohibition in 49 CFR 391.41(b)(3) to operate a CMV in interstate commerce and requested comments from the public (83 FR 24581). The public comment period PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 34675 ended on June 28, 2018, 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)(3). The physical qualification standard for drivers regarding diabetes found in 49 CFR 391.41(b)(3) states that a person is physically qualified to drive a CMV if that person has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control. III. Discussion of Comments FMCSA received no comments in this preceding. IV. Conclusion Based upon its evaluation of the 133 renewal exemption applications and comments received, FMCSA confirms its decision to exempt the following drivers from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce in 49 CFR 391.64(3): In accordance with 49 U.S.C. 31136(e) and 31315, the following groups of drivers received renewed exemptions in the month of June and are discussed below: As of June 1, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 33 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (81 FR 25486; 81 FR 66733): Christopher R. Barwick (NC) Jeffrey C. Bergen (MA) Christopher J. Burgess (ID) Edward D. Burman (MA) Lynn J. Clark (UT) Kenneth W. Day (TN) Horace Dickinson (GA) James R. Fifield (MI) Scott A. Figert (OH) Larry D. Funk (KS) Steven S. Gray (CT) Donald F. Greel, Jr. (MA) John A. Jung (OH) Jerry H. Kahn (MN) Sean T. Lewis (NJ) Edwin Lozada (FL) Kevin S. Martin (MN) Allysa B. Meirowitch (NY) Brian L. Murray (WA) Thomas V. Noyes (MA) Benny M. Perez (PA) Gregory S. Pethtel (OH) Thomas J. Price (WY) Theodore D. Reagle (PA) E:\FR\FM\20JYN1.SGM 20JYN1

Agencies

[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34674-34675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15564]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0034]


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 decision to deny applications from 14 
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: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://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 http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

II. Background

    FMCSA received applications from 14 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 14 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

[[Page 34675]]

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 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:

Anthony D. Anderson (MN)
Austin T. Brooks (MO)
Joshua G. Christensen (NC)
Alan C. Hageman (IA)
James Kopec (PA)
Samuel A. Rosseau (MA)

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

Eugene C. Arnett (WI)
Donald L. Conklin (IN)
Steven C. Kasten (IL)
Daniel R. Leon (CO)
Lee H. Watkins (OH)

    The following applicant, Anthony L. Golden (DE), did not have 
endocrinologists willing to make statements that he is able to operate 
CMVs from a diabetes standpoint.
    The following applicant, Marty G. Niles (MT), had other 
miscellaneous reasons making the applicant otherwise unqualified under 
the Federal Motor Carrier Safety Regulations.
    The following applicant, Robert J. Louis (LA), has peripheral 
neuropathy or circulatory insufficiency of the extremities likely to 
interfere with the ability to operate a CMV.

    Issued on: July 13, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-15564 Filed 7-19-18; 8:45 am]
 BILLING CODE 4910-EX-P