82 FR 18524 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 74 (April 19, 2017)

FMCSA announces its denial of 61 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 82, Number 74 (Wednesday, April 19, 2017)]
[Notices]
[Pages 18524-18525]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07889]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0034]


Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

[[Page 18525]]


ACTION: Notice of denials.

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SUMMARY: FMCSA announces its denial of 61 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 61 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:

Dwight R. Atkison (IL)
Malcolm C. Barrentine (GA)
Chavis G. Burton (NC)
Roger R. Howe (IN)
Cesar A. Maldonado (VA)
John E. Parascandolo (TN)
Carl E. Thomas (TN)
Sixto F. Torres (NY)

    The following 30 applicants were not operating CMVs in interstate 
commerce:

Harold G. Bergman (WA)
Daniel L. Berwager (MD)
Jorge A. Cuc (FL)
William E. Danz Jr. (NJ)
Craig Elgard (NJ)
Bernardo A. Fernandez (PA)
Bill J. Fowler (TX)
Gilberto Garcia (IL)
Bryan D. Giddings (IN)
Victor A. Gutierrez (CO)
Todd J. Hearn (VA)
Michael E. Holley (OH)
John E. Holmes (CT)
Aaron P. Hughes (UT)
John R. Hutchins (AL)
Bradley L. Jackson (OH)
Anthony B. Johnson (WI)
Joline R. Knauss (IN)
Rickey S. McCane (MD)
Gabriel Mendoza (WA)
Alicia L. Pittman (WI)
Jonathan W. Pluko (PA)
Jared R. Richards (FL)
Bruce A. Riegle (OH)
Camellia T. Sanders (GA)
Gregory V. Stack (ND)
Zachary A. Stovall (TX)
Jerald J. Tarasewicz (WI)
Wayne F. Todd (NE)
Alvin G. Welch (NY)

    The following 4 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:

James D. Hagins (MO)
David C. Clarke (KS)
Kim E. Davis (MI)
William Rosado (NY)

    The following 2 applicants had other medical conditions making the 
applicant otherwise unqualified under the Federal Motor Carrier Safety 
Regulations:

George M. Frederick (FL)
Jeffrey B. Leighow (PA)

    The following 3 applicants did not have endocrinologists willing to 
make statements that they are able to operate CMVs from a diabetes 
standpoint:

Walter Glover (MI)
Miguel H. Hernandez (OR)
Rodolfo E. Weeks (MN)

    Norman C. Frost (NC) is unable or has not demonstrated with 
willingness to properly monitor and manage his diabetes, whether by a 
personal decision or medical inability.
    The following 4 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:

Rachel N. Anszelowicz (NY)
Brady A. Bronkema (IL)
Connor F. Meinhart (IL)
Jacob Villegas (TX)

    The following 9 applicants were exempt from the diabetes standard:

Jimmy P. Davis (TN)
Joel P. Faustino (CA)
Paul L. Green (OK)
Michael G. Johnson (OK)
William H. Jones (VA)
Timothy D. Kinsey (SC)
Mark A. Long (PA)
James R. Moynihan (CA)
Holly S. Trees-Miller (IN)

     Issued on: April 11, 2017.
Associate Administrator for Policy.
[FR Doc. 2017-07889 Filed 4-18-17; 8:45 am]
 BILLING CODE 4910-EX-P