81_FR_40865 81 FR 40745 - Qualification of Drivers; Exemption Applications; Diabetes

81 FR 40745 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 120 (June 22, 2016)

Page Range40745-40746
FR Document2016-14753

FMCSA announces its denial of 78 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.

Federal Register, Volume 81 Issue 120 (Wednesday, June 22, 2016) 
[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Notices]
[Pages 40745-40746]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14753]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0038]


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 78 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, [email protected], 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 78 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 applicant, Robert A. Pettella, withdrew his 
application from the application process.
    The following 12 applicants met the diabetes requirements of 49 CFR 
391.41(b)(3) and do not need an exemption:

Reuben T. Askew
Steven E. Eastburn
Quinzell Faison
James Griffin
Bayram A. Kabakci
John C. Lasbury
James M. Moore
Saul N. Morales
Jaime S. Ortiz
Curtis W. Stanley
Eric A. Williams
Allen T. Wooten

    The following 21 applicants were not operating CMVs in interstate 
commerce:

Felipe H. Abrego
Michael D. Adamson
Daniel J. Arena, Jr.
David R. Brooks, Jr.
Roger L. Harper
Gary T. Hedrick
Raymond Honaker
Shaun F. Hutchinson
Sondra R. Jones
Kevin M. Kurpiewski
Randy Lamb
James P. Moran
Jesse L. Mumford
Jason M. Palermo
John J. Raley II
Leonard F. Robinson
Donald G. Ross, Jr.
Tracy A. Rowland
Rachelle M. Seaver
Robert Taylor
Robert Webb

    The following 3 applicants had renal insufficiency:

Harold J. Bowen, Jr.
Robert A. Rye
John J. Steele

    The following 7 applicants had more than one hypoglycemic episode 
requiring hospitalization or the assistance of others, or had one such 
episode but not had one year of stability following the episode:

Timothy W. Adams
Robert A. Beaty
Andrew S. Crawford
Jesse J.D. Graber
Ryan B. Silva
Jimmy R. Toton
Deborah C. Williams

    The following 9 applicants had other medical conditions making the 
applicant otherwise unqualified under the Federal Motor Carrier Safety 
Regulations:

Nader M. Abdelrahman
Richard G. Baker
Patrick L. Beasley
John T. Brecken
Robert E. Davis
Marlin L. Gabbard
Marvin D. Mitchell
David W. Presby
Darrel J. Shafer

    The following applicant, Tina M.M. Kent, was unable to have an 
endocrinologist state the applicant is able to operate a CMV from a 
diabetes standpoint.
    The following applicant, Henry G.E. Martinez, currently resides in 
Puerto Rico. He is not eligible because a Federal exemption is for 
drivers operating only in the United States.
    The following 3 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:

Ervin L. Fulton, Jr.
Henry G. McGinnis
Samuel J. Opatz

    The following 19 applicants were excepted from the diabetes 
standard based on 49 CFR390.3(f):

Brian K. Aldrich
Christopher A. Ball
John A. Bowman
Wilbert A. Cummings, Jr.
Larry W. Davlin
Theodore J. Hargraves
Erick B. Hobson
Stanley Holiday, Jr.
Mark J. Huselstein
Wesley T. Johnson

[[Page 40746]]

Robert R. Martinez
Robert S. Mendoza
Arbra M. Patton
Vincent Randle
Robert J. Stepien
Franklin T. Sult
Calvin R. Williams
Melissa F. Williams
Ronald D. Williams

    Issued on: June 13, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-14753 Filed 6-21-16; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices 40745 James J. Wolf, Jr. (PA) Background Rachelle M. Seaver Kevin J. Yates (IL) Under 49 U.S.C. 31136(e) and 31315, Robert Taylor In accordance with 49 U.S.C. 31136(e) FMCSA may grant an exemption from Robert Webb and 31315 each exemption is valid for the Federal diabetes standard for a The following 3 applicants had renal two years unless revoked earlier by renewable 2-year period if it finds ‘‘such insufficiency: FMCSA. The exemption will be revoked an exemption would likely achieve a Harold J. Bowen, Jr. if the following occurs: (1) The person level of safety that is equivalent to, or Robert A. Rye fails to comply with the terms and greater than, the level that would be John J. Steele conditions of the exemption; (2) the achieved absent such an exemption.’’ The following 7 applicants had more exemption has resulted in a lower level The procedures for requesting an than one hypoglycemic episode of safety than was maintained before it exemption are set forth in 49 CFR part requiring hospitalization or the was granted; or (3) continuation of the 381. assistance of others, or had one such exemption would not be consistent with Accordingly, FMCSA evaluated 78 episode but not had one year of stability the goals and objectives of 49 U.S.C. individual exemption requests on their following the episode: 31136(e) and 31315. If the exemption is merits and made a determination that Timothy W. Adams still effective at the end of the 2-year these applicants do not satisfy the Robert A. Beaty period, the person may apply to FMCSA criteria eligibility or meet the terms and Andrew S. Crawford for a renewal under procedures in effect conditions of the Federal exemption Jesse J.D. Graber at that time. program. Each applicant has, prior to Ryan B. Silva Issued on: June 13, 2016. this notice, received a letter of final Jimmy R. Toton Larry W. Minor, disposition on the exemption request. Deborah C. Williams Associate Administrator for Policy. Those decision letters fully outlined the The following 9 applicants had other basis for the denial and constitute final medical conditions making the [FR Doc. 2016–14751 Filed 6–21–16; 8:45 am] Agency action. The list published in applicant otherwise unqualified under BILLING CODE 4910–EX–P this notice summarizes the Agency’s the Federal Motor Carrier Safety recent denials as required under 49 Regulations: DEPARTMENT OF TRANSPORTATION U.S.C. 31315(b)(4) by periodically Nader M. Abdelrahman publishing names and reasons for Richard G. Baker Federal Motor Carrier Safety denial. Patrick L. Beasley Administration The following applicant, Robert A. John T. Brecken Pettella, withdrew his application from Robert E. Davis [Docket No. FMCSA–2016–0038] the application process. Marlin L. Gabbard The following 12 applicants met the Marvin D. Mitchell Qualification of Drivers; Exemption diabetes requirements of 49 CFR David W. Presby Applications; Diabetes 391.41(b)(3) and do not need an Darrel J. Shafer exemption: AGENCY: Federal Motor Carrier Safety The following applicant, Tina M.M. Administration (FMCSA), DOT. Reuben T. Askew Kent, was unable to have an Steven E. Eastburn ACTION: Notice of denials. endocrinologist state the applicant is Quinzell Faison able to operate a CMV from a diabetes SUMMARY: FMCSA announces its denial James Griffin Bayram A. Kabakci standpoint. of 78 applications from individuals who The following applicant, Henry G.E. John C. Lasbury requested an exemption from the Martinez, currently resides in Puerto James M. Moore Federal diabetes standard applicable to Rico. He is not eligible because a Saul N. Morales interstate truck and bus drivers and the Jaime S. Ortiz Federal exemption is for drivers reasons for the denials. FMCSA has Curtis W. Stanley operating only in the United States. statutory authority to exempt Eric A. Williams The following 3 applicants did not individuals from the diabetes Allen T. Wooten meet the minimum age criteria outlined requirement if the exemptions granted in 49 CFR 391.41(b)(1) which states that will not compromise safety. The Agency The following 21 applicants were not an individual must be at least 21 years has concluded that granting these operating CMVs in interstate commerce: old to operate a CMV in interstate exemptions does not provide a level of Felipe H. Abrego commerce: safety that will be equivalent to, or Michael D. Adamson Ervin L. Fulton, Jr. greater than, the level of safety Daniel J. Arena, Jr. Henry G. McGinnis maintained without the exemptions for David R. Brooks, Jr. Samuel J. Opatz these commercial motor vehicle (CMV) Roger L. Harper Gary T. Hedrick The following 19 applicants were drivers. excepted from the diabetes standard Raymond Honaker FOR FURTHER INFORMATION CONTACT: based on 49 CFR390.3(f): Shaun F. Hutchinson Christine A. Hydock, Chief, Medical Sondra R. Jones Brian K. Aldrich Programs Division, (202) 366–4001, Kevin M. Kurpiewski Christopher A. Ball fmcsamedical@dot.gov, FMCSA, mstockstill on DSK3G9T082PROD with NOTICES Randy Lamb John A. Bowman Department of Transportation, 1200 James P. Moran Wilbert A. Cummings, Jr. New Jersey Avenue SE., Room W64– Jesse L. Mumford Larry W. Davlin 113, Washington, DC 20590–0001. Jason M. Palermo Theodore J. Hargraves Office hours are 8:30 a.m. to 5 p.m., e.t., John J. Raley II Erick B. Hobson Monday through Friday, except Federal Leonard F. Robinson Stanley Holiday, Jr. holidays. Donald G. Ross, Jr. Mark J. Huselstein SUPPLEMENTARY INFORMATION: Tracy A. Rowland Wesley T. Johnson VerDate Sep<11>2014 20:02 Jun 21, 2016 Jkt 238001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\22JNN1.SGM 22JNN1

40746 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices Robert R. Martinez www.regulations.gov, including any II. Qualifications of Applicants Robert S. Mendoza personal information provided. Please Michael J. Andries Arbra M. Patton see the Privacy Act heading below for Vincent Randle further information. Mr. Andries, 60, has had ITDM since Robert J. Stepien 2011. His endocrinologist examined him Franklin T. Sult Docket: For access to the docket to in 2016 and certified that he has had no Calvin R. Williams read background documents or severe hypoglycemic reactions resulting Melissa F. Williams comments, go to http:// in loss of consciousness, requiring the Ronald D. Williams www.regulations.gov at any time or assistance of another person, or Room W12–140 on the ground level of resulting in impaired cognitive function Issued on: June 13, 2016. the West Building, 1200 New Jersey that occurred without warning in the Larry W. Minor, Avenue SE., Washington, DC, between 9 past 12 months and no recurrent (2 or Associate Administrator for Policy. a.m. and 5 p.m., Monday through more) severe hypoglycemic episodes in [FR Doc. 2016–14753 Filed 6–21–16; 8:45 am] Friday, except Federal holidays. The the last 5 years. His endocrinologist BILLING CODE 4910–EX–P Federal Docket Management System certifies that Mr. Andries understands (FDMS) is available 24 hours each day, diabetes management and monitoring, 365 days each year. If you want has stable control of his diabetes using DEPARTMENT OF TRANSPORTATION acknowledgment that we received your insulin, and is able to drive a CMV Federal Motor Carrier Safety comments, please include a self- safely. Mr. Andries meets the addressed, stamped envelope or requirements of the vision standard at Administration postcard or print the acknowledgement 49 CFR 391.41(b)(10). His [Docket No. FMCSA–2016–0040] page that appears after submitting ophthalmologist examined him in 2016 comments on-line. and certified that he does not have Qualification of Drivers; Exemption diabetic retinopathy. He holds a Class A Applications; Diabetes Mellitus Privacy Act: In accordance with 5 CDL from Wisconsin. U.S.C. 553(c), DOT solicits comments AGENCY: Federal Motor Carrier Safety from the public to better inform its Appiah T. Ankrah Administration (FMCSA), DOT. rulemaking process. DOT posts these Mr. Ankrah, 50, has had ITDM since ACTION: Notice of applications for comments, without edit, including any 2013. His endocrinologist examined him exemptions; request for comments. personal information the commenter in 2016 and certified that he has had no provides, to www.regulations.gov, as severe hypoglycemic reactions resulting SUMMARY: FMCSA announces receipt of described in the system of records in loss of consciousness, requiring the applications from 70 individuals for notice (DOT/ALL–14 FDMS), which can assistance of another person, or exemption from the prohibition against be reviewed at www.dot.gov/privacy. resulting in impaired cognitive function persons with insulin-treated diabetes mellitus (ITDM) operating commercial FOR FURTHER INFORMATION CONTACT: that occurred without warning in the motor vehicles (CMVs) in interstate Christine A. Hydock, Chief, Medical past 12 months and no recurrent (2 or commerce. If granted, the exemptions more) severe hypoglycemic episodes in Programs Division, (202) 366–4001, would enable these individuals with the last 5 years. His endocrinologist fmcsamedical@dot.gov, FMCSA, ITDM to operate CMVs in interstate certifies that Mr. Ankrah understands Department of Transportation, 1200 commerce. diabetes management and monitoring, New Jersey Avenue SE., Room W64– has stable control of his diabetes using DATES: Comments must be received on 113, Washington, DC 20590–0001. insulin, and is able to drive a CMV or before July 22, 2016. Office hours are 8:30 a.m. to 5 p.m.., e.t., safely. Mr. Ankrah meets the ADDRESSES: You may submit comments Monday through Friday, except Federal requirements of the vision standard at bearing the Federal Docket Management holidays. 49 CFR 391.41(b)(10). His System (FDMS) Docket No. FMCSA– SUPPLEMENTARY INFORMATION: ophthalmologist examined him in 2016 2016–0040 using any of the following and certified that he has stable methods: I. Background nonproliferative diabetic retinopathy. • Federal eRulemaking Portal: Go to He holds a Class A CDL from Under 49 U.S.C. 31136(e) and 31315, http://www.regulations.gov. Follow the Massachusetts. on-line instructions for submitting FMCSA may grant an exemption from comments. the Federal Motor Carrier Safety Gregory P. Austin • Mail: Docket Management Facility; Regulations for a 2-year period if it finds Mr. Austin, 33, has had ITDM since U.S. Department of Transportation, 1200 ‘‘such exemption would likely achieve a 2001. His endocrinologist examined him New Jersey Avenue SE., West Building level of safety that is equivalent to or in 2016 and certified that he has had no Ground Floor, Room W12–140, greater than the level that would be severe hypoglycemic reactions resulting Washington, DC 20590–0001. achieved absent such exemption.’’ The in loss of consciousness, requiring the • Hand Delivery: West Building statute also allows the Agency to renew assistance of another person, or Ground Floor, Room W12–140, 1200 exemptions at the end of the 2-year resulting in impaired cognitive function New Jersey Avenue SE., Washington, period. The 70 individuals listed in this that occurred without warning in the DC, between 9 a.m. and 5 p.m., Monday notice have recently requested such an past 12 months and no recurrent (2 or through Friday, except Federal exemption from the diabetes prohibition more) severe hypoglycemic episodes in mstockstill on DSK3G9T082PROD with NOTICES Holidays. in 49 CFR 391.41(b)(3), which applies to the last 5 years. His endocrinologist • Fax: 1–202–493–2251. drivers of CMVs in interstate commerce. certifies that Mr. Austin understands Instructions: Each submission must Accordingly, the Agency will evaluate diabetes management and monitoring, include the Agency name and the the qualifications of each applicant to has stable control of his diabetes using docket numbers for this notice. Note determine whether granting the insulin, and is able to drive a CMV that all comments received will be exemption will achieve the required safely. Mr. Austin meets the posted without change to http:// level of safety mandated by statute. requirements of the vision standard at VerDate Sep<11>2014 20:02 Jun 21, 2016 Jkt 238001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\22JNN1.SGM 22JNN1


Document Created: 2016-06-22 01:05:32
Document Modified: 2016-06-22 01:05:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of denials.
ContactChristine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], 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.
FR Citation81 FR 40745 
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