82 FR 12898 - Qualification of Drivers; Exemption Applications; Diabetes
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 43 (March 7, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 43 (March 7, 2017)
| Page Range | 12898-12899 | |
| FR Document | 2017-04388 |
[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)] [Notices] [Pages 12898-12899] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04388] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0384] Qualification of Drivers; Exemption Applications; Diabetes AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its denial of 74 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: Ms. 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 74 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 7 applicants met the diabetes requirements of 49 CFR 391.41(b)(3) and do not need an exemption: James D. Bohanan (TN) Dean A. Dahlheimer (MN) James A.E. Harris (PA) Clifford D. Humphrey (NJ) Gary L. Knox (MN) Brian T. McGill (UT) John C. McGrath (WI) The following 33 applicants were not operating CMVs in interstate commerce: Epifano M. Alonzo (TX) Henry W. Beeler (VA) David Boutwell (NH) Gary D. Buzzard (OK) William J. Couch (GA) Gladys N. Crespo (CT) Russell L. Fortna (CO) Glenda L. Haines (IN) Nan W. Hendley (TX) Phillip L. Kidney (CT) Socrates Landestoy (NJ) Kevin R. Loder (NJ) Thomas W. McNeil (KY) Rafael Mendez (CT) Pamela J. Meziere (MS) Edward V. Mixdorf (WI) William C. Moore (GA) Derek G. Norde (MO) Alejandro Palacios (FL) David A. Panza (OH) Sonel Pierre-Louis (FL) Robert B. Riley (NC) Niguel A. Salinas (TX) Warren A. Smith (NJ) Donald S. Staiger (NJ) Ernest P. Stengel (CT) Vicki L. Stone (HI) Zachary L.D. Tennant (WV) Danny Thomas (PA) Carlos F. Webb (VA) Shane D. Weber (LA) Charles L. Willingham (AZ) Edward B. Wilson (VA) 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: Weston Arnick (MD) Ryan L. Cox (NY) Patricia A. Koch (AR) Clarissa M. Olson (MO) Silvio N. Pantaleon (NY) Clinton W. Reynolds (VA) Kevin G. Snyder (IN) Hans J. Woelk (WA) The following 3 applicants had other medical conditions making the applicant otherwise unqualified under the Federal Motor Carrier Safety Regulations: James V. Maiorana (NY) Robert A. Shamberger (NC) Kenny L. White (OR) The following applicant, Ray S. Justus (PA), did not have an endocrinologist willing to make a statement that he is able to operate a CMV from a diabetes standpoint. The following 2 applicants are unable or have not demonstrated with willingness to properly monitor and manage his or her diabetes, whether by a personal decision or medical inability: Gerald W. Fitch (OH) Tyler T. Turner (TN) The following 2 applicants currently reside in Canada. They are not eligible because the Federal exemption is for drivers operating only in the United States: Tony J. Basaraba (SK) Jerzy R. Rudowski (BC) The following applicant, Dale W. Perkins (MO), has peripheral neuropathy or circulatory insufficiency [[Page 12899]] of the extremities likely to interfere with his ability to operate a CMV. The following 5 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: Alex J. Erickson (ND) Michael T. Fitzpatrick (MA) Bradley R. Knudson (ND) Grant A. Mason (WA) Zachary Vanrossum (WI) The following 12 applicants were exempt from the diabetes standard: Antonio Ballo (NY) Davarus L. Bouknight (SC) John V. Buehler (CT) Alfred E. Canfield (OK) Burl E. Cox (KY) Mitchell F. Durkan (CO) Thomas E. Fooshee (AZ) Steven J. Hamilton (CO) Sarah M. Harrison (PA) Rupert N. Isaac (PA) Larry D. Lambert (TX) Yesimar P. Lozada (IA) Issued on: February 27, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-04388 Filed 3-6-17; 8:45 am] BILLING CODE 4910-EX-P
![12898 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices
To submit your comment online, go to greater than, the level of safety Socrates Landestoy (NJ)
http://www.regulations.gov and in the maintained without the exemptions for Kevin R. Loder (NJ)
search box insert the docket number these commercial motor vehicle (CMV) Thomas W. McNeil (KY)
FMCSA–2017–0029 and click the search drivers. Rafael Mendez (CT)
button. When the new screen appears, FOR FURTHER INFORMATION CONTACT: Ms. Pamela J. Meziere (MS)
click on the blue ‘‘Comment Now!’’ Christine A. Hydock, Chief, Medical Edward V. Mixdorf (WI)
button on the right hand side of the Programs Division, (202) 366–4001, William C. Moore (GA)
page. On the new page, enter fmcsamedical@dot.gov, FMCSA, Derek G. Norde (MO)
information required including the Department of Transportation, 1200 Alejandro Palacios (FL)
specific section of this document to New Jersey Avenue SE., Room W64– David A. Panza (OH)
which each comment applies, and 113, Washington, DC 20590–0001. Sonel Pierre-Louis (FL)
provide a reason for each suggestion or Office hours are 8:30 a.m. to 5 p.m., e.t., Robert B. Riley (NC)
recommendation. If you submit your Monday through Friday, except Federal Niguel A. Salinas (TX)
comments by mail or hand delivery, holidays. Warren A. Smith (NJ)
submit them in an unbound format, no Donald S. Staiger (NJ)
SUPPLEMENTARY INFORMATION: Ernest P. Stengel (CT)
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you Background Vicki L. Stone (HI)
submit comments by mail and would Zachary L.D. Tennant (WV)
Under 49 U.S.C. 31136(e) and 31315,
like to know that they reached the Danny Thomas (PA)
FMCSA may grant an exemption from Carlos F. Webb (VA)
facility, please enclose a stamped, self- the Federal diabetes standard for a
addressed postcard or envelope. Shane D. Weber (LA)
renewable 2-year period if it finds ‘‘such Charles L. Willingham (AZ)
We will consider all comments and
an exemption would likely achieve a Edward B. Wilson (VA)
material received during the comment
level of safety that is equivalent to, or
period. FMCSA may issue a final The following 8 applicants have had
greater than, the level that would be
determination at any time after the close more than one hypoglycemic episode
achieved absent such an exemption.’’
of the comment period. requiring hospitalization or the
The procedures for requesting an
V. Viewing Comments and Documents exemption are set forth in 49 CFR part assistance of others, or has had one such
381. episode but has not had one year of
To view comments, as well as any stability following the episode:
documents mentioned in this preamble, Accordingly, FMCSA evaluated 74
individual exemption requests on their Weston Arnick (MD)
go to http://www.regulations.gov and in
merits and made a determination that Ryan L. Cox (NY)
the search box insert the docket number
these applicants do not satisfy the Patricia A. Koch (AR)
FMCSA–2017–0029 and click ‘‘Search.’’
criteria eligibility or meet the terms and Clarissa M. Olson (MO)
Next, click ‘‘Open Docket Folder’’ and
conditions of the Federal exemption Silvio N. Pantaleon (NY)
you will find all documents and Clinton W. Reynolds (VA)
comments related to this notice. program. Each applicant has, prior to
this notice, received a letter of final Kevin G. Snyder (IN)
Issued on: February 28, 2017. disposition on the exemption request. Hans J. Woelk (WA)
Larry W. Minor, Those decision letters fully outlined the The following 3 applicants had other
Associate Administrator for Policy. basis for the denial and constitute final medical conditions making the
[FR Doc. 2017–04385 Filed 3–6–17; 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:
U.S.C. 31315(b)(4) by periodically James V. Maiorana (NY)
DEPARTMENT OF TRANSPORTATION publishing names and reasons for Robert A. Shamberger (NC)
denial. Kenny L. White (OR)
Federal Motor Carrier Safety The following 7 applicants met the
Administration The following applicant, Ray S. Justus
diabetes requirements of 49 CFR (PA), did not have an endocrinologist
[Docket No. FMCSA–2016–0384] 391.41(b)(3) and do not need an willing to make a statement that he is
exemption: able to operate a CMV from a diabetes
Qualification of Drivers; Exemption James D. Bohanan (TN) standpoint.
Applications; Diabetes Dean A. Dahlheimer (MN) The following 2 applicants are unable
AGENCY: Federal Motor Carrier Safety James A.E. Harris (PA) or have not demonstrated with
Administration (FMCSA), DOT. Clifford D. Humphrey (NJ) willingness to properly monitor and
ACTION: Notice of denials.
Gary L. Knox (MN) manage his or her diabetes, whether by
Brian T. McGill (UT) a personal decision or medical inability:
SUMMARY: FMCSA announces its denial John C. McGrath (WI)
Gerald W. Fitch (OH)
of 74 applications from individuals who The following 33 applicants were not Tyler T. Turner (TN)
requested an exemption from the operating CMVs in interstate commerce:
Federal diabetes standard applicable to The following 2 applicants currently
Epifano M. Alonzo (TX) reside in Canada. They are not eligible
interstate truck and bus drivers and the Henry W. Beeler (VA)
reasons for the denials. FMCSA has because the Federal exemption is for
sradovich on DSK3GMQ082PROD with NOTICES
David Boutwell (NH) drivers operating only in the United
statutory authority to exempt Gary D. Buzzard (OK)
individuals from the diabetes States:
William J. Couch (GA)
requirement if the exemptions granted Gladys N. Crespo (CT) Tony J. Basaraba (SK)
will not compromise safety. The Agency Russell L. Fortna (CO) Jerzy R. Rudowski (BC)
has concluded that granting these Glenda L. Haines (IN) The following applicant, Dale W.
exemptions does not provide a level of Nan W. Hendley (TX) Perkins (MO), has peripheral
safety that will be equivalent to, or Phillip L. Kidney (CT) neuropathy or circulatory insufficiency
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![Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices 12899
of the extremities likely to interfere with stated in the discussions below. fmcsamedical@dot.gov, FMCSA,
his ability to operate a CMV. Comments must be received on or Department of Transportation, 1200
The following 5 applicants did not before April 6, 2017. New Jersey Avenue SE., Room W64–
meet the minimum age criteria outlined ADDRESSES: You may submit comments 113, Washington, DC 20590–0001.
in 49 CFR 391.41(b)(1) which states that bearing the Federal Docket Management Office hours are from 8 a.m. to 5:30 p.m.
an individual must be at least 21 years System (FDMS) numbers: Docket No. e.t., Monday through Friday, except
old to operate a CMV in interstate FMCSA–2010–0188; FMCSA–2012– Federal holidays.
commerce: 0164 FMCSA–2014–0019; FMCSA– SUPPLEMENTARY INFORMATION:
Alex J. Erickson (ND) 2014–0020 using any of the following
Michael T. Fitzpatrick (MA) I. Background
methods:
Bradley R. Knudson (ND) • Federal eRulemaking Portal: Go to Under 49 U.S.C. 31136(e) and 31315,
Grant A. Mason (WA) http://www.regulations.gov. Follow the FMCSA may renew an exemption from
Zachary Vanrossum (WI) online instructions for submitting the Federal Motor Carrier Safety
The following 12 applicants were comments. Regulations 2-year period if it finds
exempt from the diabetes standard: • Mail: Docket Management Facility; ‘‘such exemption would likely achieve a
Antonio Ballo (NY) U.S. Department of Transportation, 1200 level of safety that is equivalent to or
Davarus L. Bouknight (SC) New Jersey Avenue SE., West Building greater than the level that would be
John V. Buehler (CT) Ground Floor, Room W12–140, achieved absent such exemption.’’ The
Alfred E. Canfield (OK) Washington, DC 20590–0001. statute also allows the Agency to renew
Burl E. Cox (KY) • Hand Delivery or Courier: West exemptions at the end of the 2-year
Mitchell F. Durkan (CO) Building Ground Floor, Room W12–140, period. The 97 individuals listed in this
Thomas E. Fooshee (AZ) notice have recently become eligible for
1200 New Jersey Avenue SE.,
Steven J. Hamilton (CO) a renewed exemption from the diabetes
Sarah M. Harrison (PA) Washington, DC, between 9 a.m. and 5
p.m., e.t., Monday through Friday, prohibition in 49 CFR 391.41(b)(3),
Rupert N. Isaac (PA) which applies to drivers of CMVs in
Larry D. Lambert (TX) except Federal holidays.
• Fax: 1–202–493–2251. interstate commerce. The drivers remain
Yesimar P. Lozada (IA) in good standing with the Agency, have
Instructions: Each submission must
Issued on: February 27, 2017.
include the Agency name and the maintained their required medical
Larry W. Minor, docket number for this notice. Note that monitoring and have not exhibited any
Associate Administrator for Policy. DOT posts all comments received medical issues that would compromise
[FR Doc. 2017–04388 Filed 3–6–17; 8:45 am] without change to http:// their ability to safely operate a CMV
BILLING CODE 4910–EX–P www.regulations.gov, including any during the previous 2-year exemption
personal information included in a period.
comment. Please see the Privacy Act II. Exemption Decision
DEPARTMENT OF TRANSPORTATION heading below. This notice addresses 97 individuals
Docket: For access to the docket to who have requested renewal of their
Federal Motor Carrier Safety read background documents or
Administration exemptions in accordance with FMCSA
comments, go to http:// procedures. These 97 drivers remain in
[Docket No. FMCSA–2010–0188; FMCSA– www.regulations.gov at any time or good standing with the Agency, have
2012–0164 FMCSA–2014–0019; FMCSA– Room W12–140 on the ground level of maintained their required medical
2014–0020] the West Building, 1200 New Jersey monitoring and have not exhibited any
Avenue SE., Washington, DC, between 9 medical issues that would compromise
Qualification of Drivers; Exemption a.m. and 5 p.m., e.t., Monday through
Applications; Diabetes their ability to safely operate a CMV
Friday, except Federal holidays. The during the previous 2-year exemption
AGENCY: Federal Motor Carrier Safety Federal Docket Management System period. Therefore, FMCSA has decided
Administration (FMCSA), DOT. (FDMS) is available 24 hours each day, to extend each exemption for a
ACTION: Notice of renewal of 365 days each year. If you want renewable two-year period. Each
exemptions; request for comments. acknowledgment that we received your individual is identified according to the
comments, please include a self- renewal date.
SUMMARY: FMCSA announces its addressed, stamped envelope or The exemptions are renewed subject
decision to renew the exemptions of 97 postcard or print the acknowledgement to the following conditions: (1) That
individuals from its rule prohibiting page that appears after submitting each individual submit a quarterly
persons with insulin-treated diabetes comments online. monitoring checklist completed by the
mellitus (ITDM) from operating Privacy Act: Anyone may search the treating endocrinologist as well as an
commercial motor vehicles (CMVs) in electronic form of all comments annual checklist with a comprehensive
interstate commerce. FMCSA has received into any of our dockets by the medical evaluation; (2) that each
statutory authority to exempt name of the individual submitting the individual reports within 2 business
individuals from this rule if the comment (or of the person signing the days of occurrence, all episodes of
exemptions granted will not comment, if submitted on behalf of an severe hypoglycemia, significant
compromise safety. The Agency has association, business, labor union, etc.). complications, or inability to manage
concluded that granting these You may review DOT’s Privacy Act diabetes; also, any involvement in an
sradovich on DSK3GMQ082PROD with NOTICES
exemption renewals will provide a level Statement for the Federal Docket accident or any other adverse event in
of safety that is equivalent to or greater Management System (FDMS) published a CMV or personal vehicle, whether or
than the level of safety maintained in the Federal Register on January 17, not it is related to an episode of
without the exemptions for these CMV 2008 (73 FR 3316). hypoglycemia; (3) that each individual
drivers. FOR FURTHER INFORMATION CONTACT: Ms. submit an annual ophthalmologist’s or
DATES: Each group of renewed Christine A. Hydock, Chief, Medical optometrist’s report; and (4) that each
exemptions are effective from the dates Programs Division, 202–366–4001, individual provide a copy of the annual
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Document Created: 2018-02-01 14:48:46
Document Modified: 2018-02-01 14:48:46
| 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 | Ms. 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 | 82 FR 12898 |
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