82 FR 35032 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 143 (July 27, 2017)

Page Range		35032-35033
FR Document		2017-15843

FMCSA announces its denial of 111 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 Issue 143 (Thursday, July 27, 2017)

[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Notices]
[Pages 35032-35033]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15843]



[[Page 35032]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0040]


Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of denials.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its denial of 111 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 two 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 111 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 17 applicants met the diabetes requirements of 49 CFR 
391.41(b)(3) and do not need an exemption:

Javier V. Alonso (CA)
Gerald G. Blacklock (PA)
Nakoo S. Bridgemohan (NY)
Ruben Camacho Nunez (WA)
Norman P. Day, Jr. (NE)
James F. Deig (TX)
Mehmed Dogdic (GA)
Charles P. Doss (AL)
Antonio Hernandez-Mejia (NJ)
Anthony Juarez (NM)
John D. Ladik (PA)
Rickey A. Mills (IA)
Richard W. Shawley (PA)
Randall D. Shiflett (WV)
Hector R. Taveras (NJ)
Javier Vasquez (CA)
James W. Wickham (WA)

    The following 43 applicants were not operating CMVs in interstate 
commerce:

Vincete N. Beltran (CA)
John J. Blankenship (IL)
James W. Brennan (CT)
John C. Bushendorf (WI)
Christopher A. Carmel (WA)
Mark A. Crossley (PA)
Roy S. Decker (KY)
Jeffrey Dockhorn (NJ)
Danny Estrella (NY)
Robert J. Fabbro (MN)
Nicholas A. Fenty (NC)
Eusebio J. Fernandez-Caba (NJ)
Jeffrey D. Firme (CO)
Javier G. Gonzales (CO)
Gregory F. Gradisek (OH)
Jennifer L. Groth (CO)
Matthew S. Helm (PA)
Justin R. Hetherington (MN)
Bryant C. Kongsted (MD)
Joseph V. Kozak (NJ)
Randall A. Mercer (MA)
Alice J. Mitchell (LA)
Pablo G. Montez (TX)
Bruno Morelli (PA)
Thomas L. Nichols (WA)
Terry Nihart (PA)
Gil J. Pablo (CA)
Manuel Perales-Ferretiz (GA)
Berkley Pridgen (NC)
Jose N. Ramirez (TX)
Tommy R. Reeves (AR)
Henry A. Reyenga (CA)
David M. Sheeran (NY)
Linda Smith (WA)
Leonard A.G. Stary (KS)
Gary S. Stasiowski (MA)
Jordan A. Teets (PA)
Steven A. Travers (MA)
Bobby T. Trussell (MO)
Charles T. Watts (TN)
William J. Weber (CO)
John G. Weinhofer (PA)
Charles D. Zahn (FL)

    The following 14 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:

Kenneth E. Brogden (NC)
Kevin E. Cooke (NC)
Lawrence G. Difolco (NJ)
Daniel E. Dingley (ME)
Richard S. Feicht (PA)
Raymond J. Freeman (TX)
Dana L. Guest (TN)
Anthony M. Hamilton (MO)
Parkinson B. James (NY)
Kevin R. Kerrigan (MI)
Ryan A. McCorkle (ID)
Russell D. Millican (OK)
Henry H. Rowen (MO)
Joseph A. Silva (MA)

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

Manuel R. Arciniega (NM)
Scott N. Clark (IA)

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

Rodney G. Barber (GA)
Donald L. Russell (MD)
Anthony Sandoval (DE)
Fritz A. Thomas (NY)

    Sebastian H. Thomas (ME) 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 three applicants have peripheral neuropathy or 
circulatory insufficiency of the extremities likely to interfere with 
the ability to operate a CMV:

Joseph F. Houska (MI)
Richard B. Maurer (PA)
Keith A. Shaffer (PA)

    The following six 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:

Cody M. Burwell (SC)
Michael M. Dunkelberger (PA)
Robert L. Garcia (NM)
Caleb Strong (OR)
Blake A. Wing (MI)
Austin D. Yuill (IL)

    The following 21 applicants were exempt from the diabetes standard:

Duane D. Bredin (WA)
Milton Burel (TX)
Jose L. Cortes (TX)
Timothy J. Dryml (IA)

[[Page 35033]]

Cindy E. Grimes (NE)
Gregory H. Harris (TX)
Anthony R. Howard (GA)
Kenneth D. Klein (WA)
Richard E. Lomicka (FL)
Kirby G. Lunsford (TX)
Thomas C. McGee (SC)
Henry J. Perry (NJ)
Jimmy D. Pharis (KY)
Michael A. Ralston (OH)
Wesley R. Schmid (CT)
Brett A. Smith (IN)
Kelly R. Toliver (CO)
Richard B. Walker (IN)
Wesley G. Walton (VA)
Anthony J. White (NY)
Spencer D. Wooden (WI)


    Issued on: July 19, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-15843 Filed 7-26-17; 8:45 am]
 BILLING CODE 4910-EX-P

35032 Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices

DEPARTMENT OF TRANSPORTATION publishing names and reasons for The following 14 applicants have had
denial. more than one hypoglycemic episode
Federal Motor Carrier Safety The following 17 applicants met the requiring hospitalization or the
Administration diabetes requirements of 49 CFR assistance of others, or has had one such
[Docket No. FMCSA–2017–0040] 391.41(b)(3) and do not need an episode but has not had one year of
exemption: stability following the episode:
Qualification of Drivers; Exemption Javier V. Alonso (CA) Kenneth E. Brogden (NC)
Applications; Diabetes Gerald G. Blacklock (PA) Kevin E. Cooke (NC)
AGENCY: Federal Motor Carrier Safety Nakoo S. Bridgemohan (NY) Lawrence G. Difolco (NJ)
Administration (FMCSA), DOT. Ruben Camacho Nunez (WA) Daniel E. Dingley (ME)
Norman P. Day, Jr. (NE) Richard S. Feicht (PA)
ACTION: Notice of denials.
James F. Deig (TX) Raymond J. Freeman (TX)
SUMMARY: FMCSA announces its denial Mehmed Dogdic (GA) Dana L. Guest (TN)
of 111 applications from individuals Charles P. Doss (AL) Anthony M. Hamilton (MO)
who requested an exemption from the Antonio Hernandez-Mejia (NJ) Parkinson B. James (NY)
Federal diabetes standard applicable to Anthony Juarez (NM) Kevin R. Kerrigan (MI)
interstate truck and bus drivers and the John D. Ladik (PA) Ryan A. McCorkle (ID)
reasons for the denials. FMCSA has Rickey A. Mills (IA) Russell D. Millican (OK)
statutory authority to exempt Richard W. Shawley (PA) Henry H. Rowen (MO)
individuals from the diabetes Randall D. Shiflett (WV) Joseph A. Silva (MA)
requirement if the exemptions granted Hector R. Taveras (NJ) The following two applicants had
will not compromise safety. The Agency Javier Vasquez (CA) other medical conditions making the
has concluded that granting these James W. Wickham (WA) applicant otherwise unqualified under
exemptions does not provide a level of The following 43 applicants were not the Federal Motor Carrier Safety
safety that will be equivalent to, or operating CMVs in interstate commerce: Regulations:
greater than, the level of safety Vincete N. Beltran (CA) Manuel R. Arciniega (NM)
maintained without the exemptions for John J. Blankenship (IL) Scott N. Clark (IA)
these commercial motor vehicle (CMV) James W. Brennan (CT)
drivers. The following four applicants did not
John C. Bushendorf (WI) have endocrinologists willing to make
FOR FURTHER INFORMATION CONTACT: Ms. Christopher A. Carmel (WA) statements that they are able to operate
Christine A. Hydock, Chief, Medical Mark A. Crossley (PA) CMVs from a diabetes standpoint:
Programs Division, (202) 366–4001, Roy S. Decker (KY)
fmcsamedical@dot.gov, FMCSA, Jeffrey Dockhorn (NJ) Rodney G. Barber (GA)
Department of Transportation, 1200 Danny Estrella (NY) Donald L. Russell (MD)
New Jersey Avenue SE., Room W64– Robert J. Fabbro (MN) Anthony Sandoval (DE)
113, Washington, DC 20590–0001. Nicholas A. Fenty (NC) Fritz A. Thomas (NY)
Office hours are 8:30 a.m. to 5 p.m., e.t., Eusebio J. Fernandez-Caba (NJ) Sebastian H. Thomas (ME) is unable
Monday through Friday, except Federal Jeffrey D. Firme (CO) or has not demonstrated with
holidays. Javier G. Gonzales (CO) willingness to properly monitor and
SUPPLEMENTARY INFORMATION: Gregory F. Gradisek (OH) manage his diabetes whether by a
Jennifer L. Groth (CO) personal decision or medical inability.
Background Matthew S. Helm (PA) The following three applicants have
Under 49 U.S.C. 31136(e) and 31315, Justin R. Hetherington (MN) peripheral neuropathy or circulatory
FMCSA may grant an exemption from Bryant C. Kongsted (MD) insufficiency of the extremities likely to
the Federal diabetes standard for a Joseph V. Kozak (NJ) interfere with the ability to operate a
renewable two year period if it finds Randall A. Mercer (MA) CMV:
‘‘such an exemption would likely Alice J. Mitchell (LA) Joseph F. Houska (MI)
achieve a level of safety that is Pablo G. Montez (TX) Richard B. Maurer (PA)
equivalent to, or greater than, the level Bruno Morelli (PA) Keith A. Shaffer (PA)
that would be achieved absent such an Thomas L. Nichols (WA) The following six applicants did not
exemption.’’ The procedures for Terry Nihart (PA) meet the minimum age criteria outlined
requesting an exemption are set forth in Gil J. Pablo (CA) in 49 CFR 391.41(b)(1) which states that
49 CFR part 381. Manuel Perales-Ferretiz (GA) an individual must be at least 21 years
Accordingly, FMCSA evaluated 111 Berkley Pridgen (NC) old to operate a CMV in interstate
individual exemption requests on their Jose N. Ramirez (TX) commerce:
merits and made a determination that Tommy R. Reeves (AR)
these applicants do not satisfy the Henry A. Reyenga (CA) Cody M. Burwell (SC)
criteria eligibility or meet the terms and David M. Sheeran (NY) Michael M. Dunkelberger (PA)
conditions of the Federal exemption Linda Smith (WA) Robert L. Garcia (NM)
program. Each applicant has, prior to Leonard A.G. Stary (KS) Caleb Strong (OR)
this notice, received a letter of final Gary S. Stasiowski (MA) Blake A. Wing (MI)
mstockstill on DSK30JT082PROD with NOTICES

disposition on the exemption request. Jordan A. Teets (PA) Austin D. Yuill (IL)
Those decision letters fully outlined the Steven A. Travers (MA) The following 21 applicants were
basis for the denial and constitute final Bobby T. Trussell (MO) exempt from the diabetes standard:
Agency action. The list published in Charles T. Watts (TN) Duane D. Bredin (WA)
this notice summarizes the Agency’s William J. Weber (CO) Milton Burel (TX)
recent denials as required under 49 John G. Weinhofer (PA) Jose L. Cortes (TX)
U.S.C. 31315(b)(4) by periodically Charles D. Zahn (FL) Timothy J. Dryml (IA)

VerDate Sep<11>2014 19:17 Jul 26, 2017 Jkt 241001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\27JYN1.SGM 27JYN1

Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices 35033

Cindy E. Grimes (NE) DC, between 9 a.m. and 5 p.m., e.t., drivers of CMVs in interstate commerce.
Gregory H. Harris (TX) Monday through Friday, except Federal Accordingly, the Agency will evaluate
Anthony R. Howard (GA) Holidays. the qualifications of each applicant to
Kenneth D. Klein (WA) • Fax: 1–202–493–2251. determine whether granting the
Richard E. Lomicka (FL) Instructions: Each submission must exemption will achieve the required
Kirby G. Lunsford (TX) include the Agency name and the level of safety mandated by statute.
Thomas C. McGee (SC) docket numbers for this notice. Note
Henry J. Perry (NJ) II. Qualifications of Applicants
that all comments received will be
Jimmy D. Pharis (KY) posted without change to http:// Miguel A. Alicea
Michael A. Ralston (OH) www.regulations.gov, including any
Wesley R. Schmid (CT) Mr. Alicea, 57, has had ITDM since
personal information provided. Please 2014. His endocrinologist examined him
Brett A. Smith (IN) see the Privacy Act heading below for
Kelly R. Toliver (CO) in 2017 and certified that he has had no
further information. severe hypoglycemic reactions resulting
Richard B. Walker (IN) Docket: For access to the docket to
Wesley G. Walton (VA) in loss of consciousness, requiring the
read background documents or
Anthony J. White (NY) assistance of another person, or
comments, go to http://
Spencer D. Wooden (WI) resulting in impaired cognitive function
www.regulations.gov at any time or
that occurred without warning in the
Issued on: July 19, 2017. Room W12–140 on the ground level of
past 12 months and no recurrent (2 or
Larry W. Minor, the West Building, 1200 New Jersey
more) severe hypoglycemic episodes in
Associate Administrator for Policy. Avenue SE., Washington, DC, between 9
the last 5 years. His endocrinologist
a.m. and 5 p.m., E.T., Monday through
[FR Doc. 2017–15843 Filed 7–26–17; 8:45 am] certifies that Mr. Alicea understands
Friday, except Federal holidays. The
BILLING CODE 4910–EX–P diabetes management and monitoring,
Federal Docket Management System
has stable control of his diabetes using
(FDMS) is available 24 hours each day,
insulin, and is able to drive a CMV
DEPARTMENT OF TRANSPORTATION 365 days each year. If you want
safely. Mr. Alicea meets the
acknowledgment that we received your
requirements of the vision standard at
Federal Motor Carrier Safety comments, please include a self-
49 CFR 391.41(b)(10). His
Administration addressed, stamped envelope or
ophthalmologist examined him in 2016
postcard or print the acknowledgement
[Docket No. FMCSA–2017–0038] and certified that he does not have
page that appears after submitting
diabetic retinopathy. He holds a Class A
Qualification of Drivers; Exemption comments on-line.
CDL from Connecticut.
Applications; Diabetes Mellitus Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments Ralph W. Boyatt
AGENCY: Federal Motor Carrier Safety from the public to better inform its Mr. Boyatt, 63, has had ITDM since
Administration (FMCSA), Department rulemaking process. DOT posts these 2012. His endocrinologist examined him
of Transportation. comments, without edit, including any in 2017 and certified that he has had no
ACTION: Notice of applications for personal information the commenter severe hypoglycemic reactions resulting
exemptions; request for comments. provides, to www.regulations.gov, as in loss of consciousness, requiring the
described in the system of records assistance of another person, or
SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can
applications from 47 individuals for resulting in impaired cognitive function
be reviewed at www.dot.gov/privacy. that occurred without warning in the
exemption from the prohibition against FOR FURTHER INFORMATION CONTACT: Ms.
persons with insulin-treated diabetes past 12 months and no recurrent (2 or
Christine A. Hydock, Chief, Medical more) severe hypoglycemic episodes in
mellitus (ITDM) operating commercial Programs Division, (202) 366–4001,
motor vehicles (CMVs) in interstate the last 5 years. His endocrinologist
fmcsamedical@dot.gov, FMCSA, certifies that Mr. Boyatt understands
commerce. If granted, the exemptions Department of Transportation, 1200
would enable these individuals with diabetes management and monitoring,
New Jersey Avenue SE., Room W64– has stable control of his diabetes using
ITDM to operate CMVs in interstate 113, Washington, DC 20590–0001.
commerce. insulin, and is able to drive a CMV
Office hours are 8:30 a.m. to 5 p.m., e.t., safely. Mr. Boyatt meets the
DATES: Comments must be received on Monday through Friday, except Federal requirements of the vision standard at
or before August 28, 2017. holidays. 49 CFR 391.41(b)(10). His optometrist
ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION: examined him in 2017 and certified that
bearing the Federal Docket Management he does not have diabetic retinopathy.
I. Background
System (FDMS) Docket No. FMCSA– He holds a Class A CDL from
2017–0038 using any of the following Under 49 U.S.C. 31136(e) and 31315, Washington.
methods: FMCSA may grant an exemption from
• Federal eRulemaking Portal: Go to the Federal Motor Carrier Safety Eduard Braun
http://www.regulations.gov. Follow the Regulations for a 2-year period if it finds Mr. Braun, 59, has had ITDM since
on-line instructions for submitting ‘‘such exemption would likely achieve a 2008. His endocrinologist examined him
comments. level of safety that is equivalent to or in 2017 and certified that he has had no
• Mail: Docket Management Facility; greater than the level that would be severe hypoglycemic reactions resulting
mstockstill on DSK30JT082PROD with NOTICES

U.S. Department of Transportation, 1200 achieved absent such exemption.’’ The in loss of consciousness, requiring the
New Jersey Avenue SE., West Building statute also allows the Agency to renew assistance of another person, or
Ground Floor, Room W12–140, exemptions at the end of the 2-year resulting in impaired cognitive function
Washington, DC 20590–0001. period. The 47 individuals listed in this that occurred without warning in the
• Hand Delivery: West Building notice have recently requested such an past 12 months and no recurrent (2 or
Ground Floor, Room W12–140, 1200 exemption from the diabetes prohibition more) severe hypoglycemic episodes in
New Jersey Avenue SE., Washington, in 49 CFR 391.41(b)(3), which applies to the last 5 years. His endocrinologist

VerDate Sep<11>2014 19:17 Jul 26, 2017 Jkt 241001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\27JYN1.SGM 27JYN1

Document Created: 2017-07-27 02:07:26
Document Modified: 2017-07-27 02:07:26

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 35032

82 FR 35032 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 143 (July 27, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration