82 FR 58250 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 236 (December 11, 2017)

Page Range		58250-58251
FR Document		2017-26585

FMCSA announces its decision to deny applications from 81 individuals who requested an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating a commercial motor vehicle (CMV) in interstate commerce.

Federal Register, Volume 82 Issue 236 (Monday, December 11, 2017)

[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Notices]
[Pages 58250-58251]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26585]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0237]


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 decision to deny applications from 81 
individuals who requested an exemption from the Federal Motor Carrier 
Safety Regulations (FMCSRs) prohibiting persons with insulin-treated 
diabetes mellitus (ITDM) from operating a commercial motor vehicle 
(CMV) in interstate commerce.

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 W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
ET, Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

II. Background

    FMCSA received applications from 81 individuals who requested an 
exemption from the FMCSRs prohibiting persons with ITDM from operating 
a CMV in interstate commerce. FMCSA has evaluated the eligibility of 
these applicants and concluded that granting these exemptions would not 
provide a level of safety that would be equivalent to or greater than, 
the level of safety that would be obtained by complying with the 
regulation 49 CFR 391.41(b)(3).

III. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for two years 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 Agency's decision regarding these exemption applications is 
based on the eligibility criteria, the terms and conditions for Federal 
exemptions, and an individualized assessment of each applicant's 
medical information provided by the applicant.

IV. Conclusion

    The Agency has determined that these applicants do not satisfy the 
criteria eligibility or meet the terms and conditions of the Federal 
exemption and granting these exemptions would not provide a level of 
safety that would be equivalent to or greater than, the level of safety 
that would be obtained by complying with the regulation 49 CFR 
391.41(b)(3). Therefore, the 81 applicants in this notice have been 
denied exemptions from the physical qualification standards in 49 CFR 
391.41(b)(3).
    Each applicant has, prior to this notice, received a letter of 
final disposition regarding his/her exemption request. Those decision 
letters fully outlined the basis for the denial and constitutes final 
action by the Agency. 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 eight applicants met the diabetes requirements of 49 
CFR 391.41(b)(3) and do not need an exemption:

Melchor A. Corral (CO)
Timothy J. Furman (NY)
Alex A. Jackson (TX)
Gregory M. Johnson (TX)
William S. Langeluttig (ME)
Maria C. Mariquez (TX)
Sergio P. Raymundo (KS)
Maurice R. Williams (MN)

    The following 42 applicants were not operating CMVs in interstate 
commerce:

Jason A. Applegate (AR)
Christopher J. Barreira (MA)
Zamorano Benito (CA)
Mingle Blake (FL)
Joshua J.J. Blouin (VT)
Marcial C. Cardenas (FL)
Billy B. Carnes (NE)
Roy L. Christopherson (WI)
Marvin B. Collins (IN)
James P. Demby (MD)
Walter Dudiak (PA)
Beth-Lynne Durant (MA)
Nicholas B. Durkin (NJ)
Martin N. Escalante (NC)
William F. Gelinas (MA)
Darren K. Green (CT)
Robert J. Grewette (MI)
Randy S. Huckins (AZ)
Anthony E. Jackson (TX)
Kevin T. Lively (TN)
Rendell E. Norrington (IL)
Ryan A. Oglesby (IN)
Latasha M. Oliver (OH)
Donte S. Parker (MD)
Steven J. Pipa (FL)
Ricardo C. Ray (CA)
Larry J. Rogers (MA)
George Sanchez (TX)
Carlos Sanchez (MA)
Richard K. Schaefer (TX)
Galen L. Sears (KS)
Michael W. Stockton (WI)
Milton L. Terrell (VA)
Jerry L. Thomas (GA)
Erasmo Torres (TX)
Ralph VanZandt, Jr. (NY)
Susie M. Vazquez (CA)
Kenneth Walker (MN)
Kenneth C. Waterhouse (CT)
Raymond L. Williamson (IL)
Terry L. Wood (NC)
Billy E. York (NC)

    The following six 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:

David J. Couch (OR)

[[Page 58251]]

Delmar W. Daoust (FL)
Cameron D. Ferguson (TX)
George W. Huwe (PA)
Kevin R. Kerrigan (MI)
William E. Naeve (CO)

    Kenneth E. Gilreath (OH) had other medical conditions making the 
applicant otherwise unqualified under the FMCSRs.
    The following two applicants did not have endocrinologists willing 
to make statements that they are able to operate CMVs from a diabetes 
standpoint:

David A. Martin (IL)
Amy L. Purvis (WI)

    Michael L. Hawkins (GA) had other miscellaneous reasons making the 
applicant otherwise unqualified under the FMCSRs.
    Glenn A. Bauer (SK) currently resides in Canada. He is not eligible 
because the Federal exemption is for drivers operating only in the 
United States.
    Patrick L. Beasley (AR) has peripheral neuropathy or circulatory 
insufficiency of the extremities likely to interfere with his ability 
to operate a CMV.
    The following four 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:

Drake C. Comer (VA)
Melissa A. Laskowski (NY)
Matthew T.S. Odell (OH)
Cameron M. Simpson (CA)

    The following 15 applicants were exempt from the diabetes standard:

David L. Balcom (MO)
Michael G. Brown (MD)
Perry C. Browning (OR)
Jeffery A. Cooper (IN)
Steven T. Dolar (CA)
Marsha S. Dunn (NC)
Melody F. Levi (IL)
Jason R. Maunz (OH)
Cindy L. Murphy (OK)
Blake A. Nylund (WA)
Thomas F. Rinn (CO)
Joshua J. Rodman (CT)
Mary A. Satterfield (TN)
Earl T. Smith (MT)
Tesfaye Tekle (TX)


     Issued on: December 4, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-26585 Filed 12-8-17; 8:45 am]
 BILLING CODE 4910-EX-P

58250 Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices

B. Sub-Central Government Entities W12–140 on the ground level of the This notice summarizes the Agency’s
listed in the U.S. Schedule to Annex West Building, 1200 New Jersey Avenue recent denials as required under 49
13A, Schedule 1, Section B: SE., Washington, DC, between 9 a.m. U.S.C. 31315(b)(4) by periodically
(1) Procurement of goods and and 5 p.m., ET, Monday through Friday, publishing names and reasons for
services—$492,000; and except Federal holidays. denial.
(2) Procurement of construction Privacy Act: In accordance with 5 The following eight applicants met
services—$6,932,000. U.S.C. 553(c), DOT solicits comments the diabetes requirements of 49 CFR
C. Other Entities listed in the U.S. from the public to better inform its 391.41(b)(3) and do not need an
Schedule to Annex 13A, Schedule 1, rulemaking process. DOT posts these exemption:
Section C: comments, without edit, including any Melchor A. Corral (CO)
(1) Procurement of goods and personal information the commenter Timothy J. Furman (NY)
services—$555,000; provides, to http://www.regulations.gov, Alex A. Jackson (TX)
(2) Procurement of construction as described in the system of records Gregory M. Johnson (TX)
services—$6,932,000. notice (DOT/ALL–14 FDMS), which can William S. Langeluttig (ME)
Jamieson Greer, be reviewed at http://www.dot.gov/ Maria C. Mariquez (TX)
privacy. Sergio P. Raymundo (KS)
Chief of Staff, Office of the United States
Trade Representative. II. Background Maurice R. Williams (MN)
[FR Doc. 2017–26597 Filed 12–8–17; 8:45 am] The following 42 applicants were not
FMCSA received applications from 81
operating CMVs in interstate commerce:
BILLING CODE 3290–F8–P individuals who requested an
exemption from the FMCSRs Jason A. Applegate (AR)
prohibiting persons with ITDM from Christopher J. Barreira (MA)
DEPARTMENT OF TRANSPORTATION operating a CMV in interstate Zamorano Benito (CA)
commerce. FMCSA has evaluated the Mingle Blake (FL)
Federal Motor Carrier Safety eligibility of these applicants and Joshua J.J. Blouin (VT)
Administration Marcial C. Cardenas (FL)
concluded that granting these
Billy B. Carnes (NE)
[Docket No. FMCSA–2017–0237] exemptions would not provide a level of
Roy L. Christopherson (WI)
safety that would be equivalent to or
Qualification of Drivers; Exemption Marvin B. Collins (IN)
greater than, the level of safety that
Applications; Diabetes James P. Demby (MD)
would be obtained by complying with Walter Dudiak (PA)
the regulation 49 CFR 391.41(b)(3). Beth-Lynne Durant (MA)
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT. III. Basis for Exemption Determination Nicholas B. Durkin (NJ)
ACTION: Notice of denials. Under 49 U.S.C. 31136(e) and 31315, Martin N. Escalante (NC)
FMCSA may grant an exemption for two William F. Gelinas (MA)
SUMMARY: FMCSA announces its Darren K. Green (CT)
years if it finds ‘‘such an exemption
decision to deny applications from 81 Robert J. Grewette (MI)
would likely achieve a level of safety
individuals who requested an Randy S. Huckins (AZ)
that is equivalent to, or greater than, the
exemption from the Federal Motor Anthony E. Jackson (TX)
level that would be achieved absent
Carrier Safety Regulations (FMCSRs) Kevin T. Lively (TN)
such an exemption.’’
prohibiting persons with insulin-treated The Agency’s decision regarding these Rendell E. Norrington (IL)
diabetes mellitus (ITDM) from operating exemption applications is based on the Ryan A. Oglesby (IN)
a commercial motor vehicle (CMV) in Latasha M. Oliver (OH)
eligibility criteria, the terms and
interstate commerce. Donte S. Parker (MD)
conditions for Federal exemptions, and
FOR FURTHER INFORMATION CONTACT: Ms. Steven J. Pipa (FL)
an individualized assessment of each
Christine A. Hydock, Chief, Medical Ricardo C. Ray (CA)
applicant’s medical information
Programs Division, (202) 366–4001, Larry J. Rogers (MA)
provided by the applicant.
fmcsamedical@dot.gov, FMCSA, George Sanchez (TX)
Department of Transportation, 1200 IV. Conclusion Carlos Sanchez (MA)
New Jersey Avenue SE., Room W64– The Agency has determined that these Richard K. Schaefer (TX)
224, Washington, DC 20590–0001. applicants do not satisfy the criteria Galen L. Sears (KS)
Office hours are from 8:30 a.m. to 5 eligibility or meet the terms and Michael W. Stockton (WI)
p.m., ET, Monday through Friday, conditions of the Federal exemption and Milton L. Terrell (VA)
except Federal holidays. If you have granting these exemptions would not Jerry L. Thomas (GA)
questions regarding viewing or provide a level of safety that would be Erasmo Torres (TX)
submitting material to the docket, equivalent to or greater than, the level Ralph VanZandt, Jr. (NY)
contact Docket Services, telephone (202) of safety that would be obtained by Susie M. Vazquez (CA)
366–9826. complying with the regulation 49 CFR Kenneth Walker (MN)
391.41(b)(3). Therefore, the 81 Kenneth C. Waterhouse (CT)
SUPPLEMENTARY INFORMATION:
applicants in this notice have been Raymond L. Williamson (IL)
I. Electronic Access Terry L. Wood (NC)
denied exemptions from the physical
You may see all the comments online Billy E. York (NC)
qualification standards in 49 CFR
daltland on DSKBBV9HB2PROD with NOTICES

through the Federal Document 391.41(b)(3). The following six applicants have had
Management System (FDMS) at: http:// Each applicant has, prior to this more than one hypoglycemic episode
www.regulations.gov. notice, received a letter of final requiring hospitalization or the
Docket: For access to the docket to disposition regarding his/her exemption assistance of others, or has had one such
read background documents or request. Those decision letters fully episode but has not had one year of
comments, go to http:// outlined the basis for the denial and stability following the episode:
www.regulations.gov and/or Room constitutes final action by the Agency. David J. Couch (OR)

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Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices 58251

Delmar W. Daoust (FL) DEPARTMENT OF TRANSPORTATION comments, without edit, including any
Cameron D. Ferguson (TX) personal information the commenter
Federal Motor Carrier Safety provides, to http://www.regulations.gov,
George W. Huwe (PA) Administration as described in the system of records
Kevin R. Kerrigan (MI) notice (DOT/ALL–14 FDMS), which can
[Docket No. FMCSA–2014–0381; FMCSA–
William E. Naeve (CO) 2014–0382; FMCSA–2015–0115] be reviewed at http://www.dot.gov/
Kenneth E. Gilreath (OH) had other privacy.
medical conditions making the Qualification of Drivers; Exemption II. Background
applicant otherwise unqualified under Applications; Epilepsy and Seizure
the FMCSRs. Disorders On September 18, 2017, FMCSA
published a notice announcing its
The following two applicants did not AGENCY: Federal Motor Carrier Safety decision to renew exemptions for three
have endocrinologists willing to make Administration (FMCSA), DOT. individuals from the epilepsy and
statements that they are able to operate ACTION: Notice of final disposition. seizure disorders prohibition in 49 CFR
CMVs from a diabetes standpoint: 391.41(b)(8) to operate a CMV in
David A. Martin (IL) SUMMARY: FMCSA announces its interstate commerce and requested
decision to renew exemptions for three comments from the public (82 FR
Amy L. Purvis (WI)
individuals from the requirement in the 43652). The public comment period
Michael L. Hawkins (GA) had other Federal Motor Carrier Safety ended on October 18, 2017 and no
miscellaneous reasons making the Regulations (FMCSRs) that interstate comments were received.
applicant otherwise unqualified under commercial motor vehicle (CMV) As stated in the previous notice,
the FMCSRs. drivers have ‘‘no established medical FMCSA has evaluated the eligibility of
Glenn A. Bauer (SK) currently resides history or clinical diagnosis of epilepsy these applicants and determined that
in Canada. He is not eligible because the or any other condition which is likely renewing these exemptions would
Federal exemption is for drivers to cause loss of consciousness or any achieve a level of safety equivalent to or
operating only in the United States. loss of ability to control a CMV.’’ The greater than the level that would be
Patrick L. Beasley (AR) has peripheral exemptions enable these individuals achieved by complying with the current
neuropathy or circulatory insufficiency who have had one or more seizures and regulation 49 CFR 391.41(b)(8).
of the extremities likely to interfere with are taking anti-seizure medication to The physical qualification standard
his ability to operate a CMV. continue to operate CMVs in interstate for drivers regarding epilepsy found in
commerce. 49 CFR 391.41(b)(8) states that a person
The following four applicants did not
DATES: The exemptions were applicable is physically qualified to drive a CMV
meet the minimum age criteria outlined
in 49 CFR 391.41(b)(1) which states that on June 10, 2017. The exemptions if that person has no established
an individual must be at least 21 years expire on June 10, 2019. medical history or clinical diagnosis of
old to operate a CMV in interstate FOR FURTHER INFORMATION CONTACT: Ms. epilepsy or any other condition which
commerce: Christine A. Hydock, Chief, Medical is likely to cause the loss of
Programs Division, (202) 366–4001, consciousness or any loss of ability to
Drake C. Comer (VA) fmcsamedical@dot.gov, FMCSA, control a CMV.
Melissa A. Laskowski (NY) Department of Transportation, 1200 In addition to the regulations, FMCSA
Matthew T.S. Odell (OH) New Jersey Avenue SE., Room W64– has published advisory criteria to assist
Cameron M. Simpson (CA) 224, Washington, DC 20590–0001. Medical Examiners in determining
Office hours are from 8:30 a.m. to 5 whether drivers with certain medical
The following 15 applicants were p.m., ET, Monday through Friday, conditions are qualified to operate a
exempt from the diabetes standard: except Federal holidays. If you have CMV in interstate commerce. [49 CFR
David L. Balcom (MO) questions regarding viewing or part 391, APPENDIX A TO PART 391—
submitting material to the docket, MEDICAL ADVISORY CRITERIA,
Michael G. Brown (MD)
contact Docket Services, telephone (202) section H. Epilepsy: § 391.41(b)(8),
Perry C. Browning (OR) 366–9826. paragraphs 3, 4, and 5.]
Jeffery A. Cooper (IN) SUPPLEMENTARY INFORMATION: III. Discussion of Comments
Steven T. Dolar (CA)
I. Electronic Access FMCSA received no comments in this
Marsha S. Dunn (NC)
You may see all the comments online proceeding.
Melody F. Levi (IL)
through the Federal Document IV. Conclusion
Jason R. Maunz (OH) Management System (FDMS) at: http://
Cindy L. Murphy (OK) www.regulations.gov. Based upon its evaluation of the three
Docket: For access to the docket to renewal exemption applications,
Blake A. Nylund (WA)
read background documents or FMCSA announces its’ decision to
Thomas F. Rinn (CO) exempt the following drivers from the
Joshua J. Rodman (CT) comments, go to http://
www.regulations.gov and/or Room epilepsy and seizure disorders
Mary A. Satterfield (TN) W12–140 on the ground level of the prohibition in 49 CFR 391.41(b)(8):
Earl T. Smith (MT) West Building, 1200 New Jersey Avenue Monte J. DeRocini (PA)
daltland on DSKBBV9HB2PROD with NOTICES

Tesfaye Tekle (TX) SE., Washington, DC, between 9 a.m. Teddy H. Dixon (GA)
and 5 p.m., ET, Monday through Friday, Bryan R. Jones (PA)
Issued on: December 4, 2017. except Federal holidays. The drivers were included in docket
Larry W. Minor, Privacy Act: In accordance with 5 number FMCSA–2014–0381; FMCSA–
Associate Administrator for Policy. U.S.C. 553(c), DOT solicits comments 2014–0382; FMCSA–2015–0115. Their
[FR Doc. 2017–26585 Filed 12–8–17; 8:45 am] from the public to better inform its exemptions are applicable as of June 10,
BILLING CODE 4910–EX–P rulemaking process. DOT posts these 2017, and will expire on June 10, 2019.

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Document Created: 2017-12-09 01:49:25
Document Modified: 2017-12-09 01:49:25

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 W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., ET, Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		82 FR 58250

82 FR 58250 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 236 (December 11, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration