81 FR 51540 - Qualification of Drivers; Exemption Applications; Diabetes
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 150 (August 4, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 150 (August 4, 2016)
| Page Range | 51540-51541 | |
| FR Document | 2016-18498 |
[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)] [Notices] [Pages 51540-51541] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18498] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0217] Qualification of Drivers; Exemption Applications; Diabetes AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its denial of 88 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 88 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 8 applicants met the diabetes requirements of 49 CFR 391.41(b)(3) and do not need an exemption: Elbi Aguado Neil R. Boss Matthew A. Bunce Harm A. Gibson Willie Hammond Tommy M. Harris Burke J. Minns Robert R. Roy The following 39 applicants were not operating CMVs in interstate commerce: Steven G. Alvarez Gary L. Atchley Taja T. Barnett David E. Benavides John K. Bottkol Donald L. Conklin Timothy P. Conner Tyrone O. Cooke Garrett M. Cooper Roy L. Cox Isaac K. Danso Robert C. Davis Clarence Evans [[Page 51541]] Carmine Ferraro Anthony P. Fortuna Kenneth E. Fralin Angel Fuentes Arnulfo Garcia Nan W. Hendley Sharon M. Henry Jesse D. Hensley Christopher J. Hundt Richard M. Jackimowicz Thomas W. Johnson David E. Kessling Robert D. Knoblauch Stephanie I. Leisure Nelson F. Meythaler Henry J. Mioduszewski George K. Namauu Nicholas Nigro Terry J. Nihart Wilfredo Padin Oquilla Royster Vincent Shanks Donna E. Smith Jeffrey D. Spoden Michael T. Stremkowski Alvin G. Welch The following 2 applicants had renal insufficiency: Manuel M. Loreto Olga N. Richards The following 8 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: Gyorgy Kovacs Allen Lara John L. Moreno William T. Phipps, Jr. Jose L. Ramos Michael J. Scheresky Roger M. Smith, Jr. Michael H. Zimmerman The following 4 applicants had other medical conditions making the applicant otherwise unqualified under the Federal Motor Carrier Safety Regulations: Philip M. Burroughs Conrad V. Gooding Eugene R. Huelskamp Santito Zamot, Jr. The following 2 applicants were unable to have an endocrinologist state the applicant is able to operate a CMV from a diabetes standpoint: Kenneth B. Golden, Jr. Michael P. Kruimer The following applicant, Kenneth M. Zakaib, currently resides in Canada. He is not eligible because the Federal exemption is for drivers operating only in the United States. The following applicant, Jeffrey W. Sgrignoli, is unable or has not demonstrated willingness to properly monitor and manage his or her diabetes, whether by personal decision or medical inability. The following applicant, Larry Bush, has peripheral neuropathy or circulatory insufficiency of the extremities likely to interfere with his or her ability to operate a CMV. The following 2 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: Ronald D. Kestner Kyle J. Russell The following 20 applicants were exempt from the diabetes standard: Guanny T. Bradley Scott D. Butler Bryan R. Clines Allan J. Clune Earl L. Combs David A. Comeau Robert N. Costa Frank J. Fregoni William Garcia John T. Maher Bart J. Meyer William B. Piver Audrey E. Platt-Carroll Ronald W. Rein Calvin J. Rose Steven A. Traver Robert C. Tucker Wesley G. Walton Caleb K. Whitlock Anthony L. Wingfield Issued on: July 27, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-18498 Filed 8-3-16; 8:45 am] BILLING CODE 4910-EX-P
![51540 Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Notices
Gonzalin Sanabria search button. When the new screen FOR FURTHER INFORMATION CONTACT:
Mr. Sanabria is a 61 year-old class B appears, click on the blue ‘‘Comment Christine A. Hydock, Chief, Medical
CDL holder in New York. He has a Now!’’ button on the right hand side of Programs Division, (202) 366–4001,
history of a seizure disorder as the result the page. On the new page, enter fmcsamedical@dot.gov, FMCSA,
of brain lymphoma that was diagnosed information required including the Department of Transportation, 1200
in 2003. He remains in remission and specific section of this document to New Jersey Avenue SE., Room W64–
has been seizure free since 2004. He which each comment applies, and 113, Washington, DC 20590–0001.
takes anti-seizure medication with the provide a reason for each suggestion or Office hours are 8:30 a.m. to 5 p.m., e.t.,
dosage and frequency remaining the recommendation. If you submit your Monday through Friday, except Federal
same since that time. His physician comments by mail or hand delivery, holidays.
states that he is supportive of Mr. submit them in an unbound format, no SUPPLEMENTARY INFORMATION:
Sanabria receiving an exemption. larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you Background
David Sica submit comments by mail and would Under 49 U.S.C. 31136(e) and 31315,
Mr. Sica is a 53 year-old driver in like to know that they reached the FMCSA may grant an exemption from
Connecticut. He has a history of a facility, please enclose a stamped, self- the Federal diabetes standard for a
seizure disorder and has remained addressed postcard or envelope. renewable 2-year period if it finds ‘‘such
seizure free since 1985. He takes anti- We will consider all comments and an exemption would likely achieve a
seizure medication with the dosage and materials received during the comment level of safety that is equivalent to, or
frequency remaining the same since that period. FMCSA may issue a final greater than, the level that would be
time. His physician states that he is determination any time after the close of achieved absent such an exemption.’’
supportive of Mr. Sica receiving an the comment period. The procedures for requesting an
exemption. V. Viewing Comments and Documents exemption are set forth in 49 CFR part
381.
Raymond H. Van De Mark To view comments, as well as any
Accordingly, FMCSA evaluated 88
Mr. Van De Mark is a 62 class A CDL documents mentioned in this preamble,
individual exemption requests on their
holder in New Jersey. He has a history go to http://www.regulations.gov and in
merits and made a determination that
of a seizure disorder and has remained the search box insert the docket number
these applicants do not satisfy the
seizure free since 1986. He takes anti- FMCSA–2015–0323 and click ‘‘Search.’’
criteria eligibility or meet the terms and
seizure medication with the dosage and Next, click ‘‘Open Docket Folder’’ and
conditions of the Federal exemption
frequency remaining the same since that you will find all documents and
program. Each applicant has, prior to
time. His physician states that he is comments related to this notice.
this notice, received a letter of final
supportive of Mr. Van De Mark Issued on: July 27, 2016. disposition on the exemption request.
receiving an exemption. Larry W. Minor, Those decision letters fully outlined the
Associate Administrator for Policy. basis for the denial and constitute final
William Frederick Youse
[FR Doc. 2016–18499 Filed 8–3–16; 8:45 am] Agency action. The list published in
Mr. Youse is a 24 year-old driver in BILLING CODE 4910–EX–P this notice summarizes the Agency’s
North Carolina. He has a history of recent denials as required under 49
childhood epilepsy and has been U.S.C. 31315(b)(4) by periodically
seizure free since 2002. He has not taken DEPARTMENT OF TRANSPORTATION publishing names and reasons for
anti-seizure medication since 2005. His denial.
physician states that he is supportive of Federal Motor Carrier Safety The following 8 applicants met the
Mr. Youse receiving an exemption. Administration diabetes requirements of 49 CFR
III. Request for Comments [Docket No. FMCSA–2016–0217] 391.41(b)(3) and do not need an
exemption:
In accordance with 49 U.S.C. 31136(e)
Qualification of Drivers; Exemption Elbi Aguado
and 31315, FMCSA requests public
Applications; Diabetes Neil R. Boss
comment from all interested persons on
the exemption petitions described in AGENCY: Federal Motor Carrier Safety Matthew A. Bunce
this notice. We will consider all Administration (FMCSA), DOT. Harm A. Gibson
comments received before the close of Willie Hammond
ACTION: Notice of denials.
business on the closing date indicated Tommy M. Harris
in the date section of the notice. SUMMARY: FMCSA announces its denial Burke J. Minns
of 88 applications from individuals who Robert R. Roy
IV. Submitting Comments requested an exemption from the The following 39 applicants were not
You may submit your comments and Federal diabetes standard applicable to operating CMVs in interstate commerce:
material online or by fax, mail, or hand interstate truck and bus drivers and the Steven G. Alvarez
delivery, but please use only one of reasons for the denials. FMCSA has Gary L. Atchley
these means. FMCSA recommends that statutory authority to exempt Taja T. Barnett
you include your name and a mailing individuals from the diabetes David E. Benavides
address, an email address, or a phone requirement if the exemptions granted John K. Bottkol
will not compromise safety. The Agency
sradovich on DSK3GMQ082PROD with NOTICES
number in the body of your document Donald L. Conklin
so that FMCSA can contact you if there has concluded that granting these Timothy P. Conner
are questions regarding your exemptions does not provide a level of Tyrone O. Cooke
submission. safety that will be equivalent to, or Garrett M. Cooper
To submit your comment online, go to greater than, the level of safety Roy L. Cox
http://www.regulations.gov and in the maintained without the exemptions for Isaac K. Danso
search box insert the docket number these commercial motor vehicle (CMV) Robert C. Davis
‘‘FMCSA–2015–0323’’ and click the drivers. Clarence Evans
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![Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Notices 51541
Carmine Ferraro monitor and manage his or her diabetes, DATES: Comments must be received on
Anthony P. Fortuna whether by personal decision or or before September 6, 2016.
Kenneth E. Fralin medical inability. ADDRESSES: You may submit comments
Angel Fuentes The following applicant, Larry Bush, bearing the Federal Docket Management
Arnulfo Garcia has peripheral neuropathy or circulatory System (FDMS) Docket No. FMCSA–
Nan W. Hendley insufficiency of the extremities likely to 2016–0043 using any of the following
Sharon M. Henry interfere with his or her ability to methods:
Jesse D. Hensley operate a CMV. • Federal eRulemaking Portal: Go to
Christopher J. Hundt The following 2 applicants did not http://www.regulations.gov. Follow the
Richard M. Jackimowicz meet the minimum age criteria outlined on-line instructions for submitting
Thomas W. Johnson in 49 CFR 391.41(b)(1) which states that comments.
David E. Kessling an individual must be at least 21 years • Mail: Docket Management Facility;
Robert D. Knoblauch old to operate a CMV in interstate U.S. Department of Transportation, 1200
Stephanie I. Leisure commerce: New Jersey Avenue SE., West Building
Nelson F. Meythaler Ronald D. Kestner Ground Floor, Room W12–140,
Henry J. Mioduszewski Kyle J. Russell Washington, DC 20590–0001.
George K. Namauu The following 20 applicants were • Hand Delivery: West Building
Nicholas Nigro exempt from the diabetes standard: Ground Floor, Room W12–140, 1200
Terry J. Nihart New Jersey Avenue SE., Washington,
Wilfredo Padin Guanny T. Bradley
Scott D. Butler DC, between 9 a.m. and 5 p.m., Monday
Oquilla Royster Bryan R. Clines through Friday, except Federal
Vincent Shanks Allan J. Clune Holidays.
Donna E. Smith Earl L. Combs • Fax: 1–202–493–2251.
Jeffrey D. Spoden David A. Comeau Instructions: Each submission must
Michael T. Stremkowski Robert N. Costa include the Agency name and the
Alvin G. Welch Frank J. Fregoni docket numbers for this notice. Note
The following 2 applicants had renal William Garcia that all comments received will be
insufficiency: John T. Maher posted without change to http://
Manuel M. Loreto Bart J. Meyer www.regulations.gov, including any
Olga N. Richards William B. Piver personal information provided. Please
Audrey E. Platt-Carroll
The following 8 applicants have had see the Privacy Act heading below for
Ronald W. Rein
more than one hypoglycemic episode Calvin J. Rose further information.
requiring hospitalization or the Steven A. Traver Docket: For access to the docket to
assistance of others, or has had one such Robert C. Tucker read background documents or
episode but has not had one year of Wesley G. Walton comments, go to http://
stability following the episode: Caleb K. Whitlock www.regulations.gov at any time or
Gyorgy Kovacs Anthony L. Wingfield Room W12–140 on the ground level of
Allen Lara the West Building, 1200 New Jersey
Issued on: July 27, 2016.
John L. Moreno Avenue SE., Washington, DC, between 9
Larry W. Minor, a.m. and 5 p.m., Monday through
William T. Phipps, Jr. Associate Administrator for Policy.
Jose L. Ramos Friday, except Federal holidays. The
[FR Doc. 2016–18498 Filed 8–3–16; 8:45 am] Federal Docket Management System
Michael J. Scheresky
Roger M. Smith, Jr. BILLING CODE 4910–EX–P (FDMS) is available 24 hours each day,
Michael H. Zimmerman 365 days each year. If you want
acknowledgment that we received your
The following 4 applicants had other DEPARTMENT OF TRANSPORTATION comments, please include a self-
medical conditions making the
addressed, stamped envelope or
applicant otherwise unqualified under Federal Motor Carrier Safety
postcard or print the acknowledgement
the Federal Motor Carrier Safety Administration
page that appears after submitting
Regulations:
[Docket No. FMCSA—2016–0043] comments on-line.
Philip M. Burroughs Privacy Act: In accordance with 5
Conrad V. Gooding Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments
Eugene R. Huelskamp Applications; Diabetes Mellitus from the public to better inform its
Santito Zamot, Jr. rulemaking process. DOT posts these
AGENCY: Federal Motor Carrier Safety
The following 2 applicants were comments, without edit, including any
Administration (FMCSA).
unable to have an endocrinologist state personal information the commenter
the applicant is able to operate a CMV ACTION: Notice of applications for
provides, to www.regulations.gov, as
from a diabetes standpoint: exemptions; request for comments.
described in the system of records
Kenneth B. Golden, Jr. SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can
Michael P. Kruimer applications from 47 individuals for be reviewed at www.dot.gov/privacy.
The following applicant, Kenneth M. exemption from the prohibition against FOR FURTHER INFORMATION CONTACT:
sradovich on DSK3GMQ082PROD with NOTICES
Zakaib, currently resides in Canada. He persons with insulin-treated diabetes Christine A. Hydock, Chief, Medical
is not eligible because the Federal mellitus (ITDM) operating commercial Programs Division, (202) 366–4001,
exemption is for drivers operating only motor vehicles (CMVs) in interstate fmcsamedical@dot.gov, FMCSA,
in the United States. commerce. If granted, the exemptions Department of Transportation, 1200
The following applicant, Jeffrey W. would enable these individuals with New Jersey Avenue SE., Room W64–
Sgrignoli, is unable or has not ITDM to operate CMVs in interstate 113, Washington, DC 20590–0001.
demonstrated willingness to properly commerce. Office hours are 8:30 a.m. to 5 p.m., e.t.,
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Document Created: 2016-08-04 02:53:13
Document Modified: 2016-08-04 02:53:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of denials. | |
| 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. | |
| FR Citation | 81 FR 51540 |
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