83 FR 6715 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 31 (February 14, 2018)

Page Range		6715-6716
FR Document		2018-03030

FMCSA announces its decision to deny applications from 97 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 83 Issue 31 (Wednesday, February 14, 2018)

[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6715-6716]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03030]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0021]


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 97 
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., 
e.t., 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., e.t., 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 97 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 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 97 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 12 applicants met the diabetes requirements of 49 CFR 
391.41(b)(3) and do not need an exemption:

Jerome E. Bembry (FL)
Scott J. Blair (MI)
Bryan D. Cash (MI)
John C. Czar (PA)
James P. Despirito (PA)
Lawrence Jackson (MO)
Curtis L. Jones (NY)
Wesley A. McLaughlin (PA)
Francisco Paz (TX)
Keith R. Smith (MN)
Eloy O. Valdez (CA)
Matthew Windle (GA)

    The following 55 applicants were not operating CMVs in interstate 
commerce:

Warren E. Akiona (WA)
Mohammed B. Alnounou (MI)
Robert F. Aubert (IA)
David G. Barclay (PA)
Roy E. Barticciotto (NY)
Lucrecia Bethea (NJ)
Michael A. Bogardus (NY)
Vincent F. Brewer (MI)

[[Page 6716]]

Christopher W. Brown (FL)
Rodney W. Buxkemper (TX)
Douglas R. Christian (GA)
Marie A. Clark (MA)
Daniel G. Close (AL)
Timothy P. Deignan (MA)
Roy D. Draughon (OH)
Saul Garcia (CA)
John A. Gott (MD)
Paul T. Haegele (ND)
David A. Heard (SD)
Marvin M. Heatherly (TN)
Justin M. Herb (IN)
Daniel T. Hernandez (TX)
Terry D. Higdon (TN)
Donald F. Higgins (IN)
Steven W. Hobbs (GA)
Demarco L. Johnson (GA)
Howard Jones (NY)
Hoyt M. Jordan (IA)
David E. Logan (OR)
Aner A. Maldonado (IL)
Robert R. Martinez (CA)
Daniel P. McCartney (IL)
James A. McFail (DC)
Richard A. Miller (PA)
Domenic Moffo (CT)
James P. Moran (WV)
James L. Morgan, Jr. (NC)
Steven E. Novitski (WI)
Mark A. Nowakowski (WA)
Michael A. Ragan (MD)
Timothy E. Reilly (CT)
Michael L. Roberts (IA)
Jesus P. Sanchez (AZ)
Rafael Santiago (FL)
Dewey D. Shawver (WA)
Kenneth J. Sortman (OH)
Wendell A. Sowards (OH)
Edward R. Sutton (CA)
Austin M. Thies (IA)
Hughes Tranquille (NY)
Robert E. Trumbull (OH)
Ronald L. Weaver (PA)
Walter S. Whitehorn (AK)
Bruce A. Willard (NH)
Ricky D. Yates (GA)

    The following two 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: Steven G. Donovan, (MO); Dagmar E. Kark, (WA).
    The following four applicants had other medical conditions making 
the applicant otherwise unqualified under the Federal Motor Carrier 
Safety Regulations:

Carl Bouie (MD)
Kenneth D. Ettinger (PA)
Leonard W. Narragon (TX)
Roger G. Rousseau (WA)

    The following three applicants did not have endocrinologists 
willing to make statements that they are able to operate CMVs from a 
diabetes standpoint: Mohd Issa R.A. El Muhtaseb, (IL); Eleazar Pina, 
(IL); Robert B. Puckett, (IL).
    The following two applicants have peripheral neuropathy or 
circulatory insufficiency of the extremities likely to interfere with 
the ability to operate a CMV: Flavio Pereira, (MA); Charlie T. Melson, 
(GA).
    The following applicant does 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: Michael 
J. Sabarese, (NJ).
    The following 18 applicants were exempt from the diabetes standard:

Troy L. Bunch (NC)
Shawn M. Cody (IN)
Rodger L. Davis (VA)
Stuart A. Desautel (WA)
Gary D. Detwiler (CA)
Gary M. Fuller (IN)
Herman Harris (SC)
Kenneth L. Johnson (FL)
Paul Key (IL)
Leodon L. Killinger (ME)
James C. Lewis (LA)
Mario M. Moreno (CA)
Robert C. Newell (KY)
Pedro Pagan (NY)
Horace G. Perry (TX)
Domingo D. Rangel (TX)
Dale Z. Stephens (PA)
David D. Trupia (NY)

    Issued on: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-03030 Filed 2-13-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices 6715

annual checklist with a comprehensive ACTION: Notice of denials. III. Basis for Exemption Determination
medical evaluation; (2) each driver must Under 49 U.S.C. 31136(e) and 31315,
report within two business days of SUMMARY: FMCSA announces its
FMCSA may grant an exemption if it
occurrence, all episodes of severe decision to deny applications from 97
finds such an exemption would likely
hypoglycemia, significant individuals who requested an
achieve a level of safety that is
complications, or inability to manage exemption from the Federal Motor
equivalent to, or greater than, the level
diabetes; also, any involvement in an Carrier Safety Regulations (FMCSRs)
that would be achieved absent such an
accident or any other adverse event in prohibiting persons with insulin-treated
exemption.
a CMV or personal vehicle, whether or diabetes mellitus (ITDM) from operating The Agency’s decision regarding these
not it is related to an episode of a commercial motor vehicle (CMV) in exemption applications is based on the
hypoglycemia; (3) each driver must interstate commerce. eligibility criteria, the terms and
submit an annual ophthalmologist’s or FOR FURTHER INFORMATION CONTACT: Ms. conditions for Federal exemptions, and
optometrist’s report; and (4) each driver Christine A. Hydock, Chief, Medical an individualized assessment of each
must provide a copy of the annual Programs Division, (202) 366–4001, applicant’s medical information
medical certification to the employer for fmcsamedical@dot.gov, FMCSA, provided by the applicant.
retention in the driver’s qualification Department of Transportation, 1200
file, or keep a copy in his/her driver’s New Jersey Avenue SE, Room W64–224, IV. Conclusion
qualification file if he/she is self- Washington, DC 20590–0001. Office The Agency has determined that these
employed. The driver must also have a hours are from 8:30 a.m. to 5 p.m., e.t., applicants do not satisfy the criteria
copy of the exemption when driving, for Monday through Friday, except Federal eligibility or meet the terms and
presentation to a duly authorized holidays. If you have questions conditions of the Federal exemption and
Federal, State, or local enforcement regarding viewing or submitting granting these exemptions would not
official. The exemption will be material to the docket, contact Docket provide a level of safety that would be
rescinded if: (1) The person fails to Services, telephone (202) 366–9826. equivalent to or greater than, the level
comply with the terms and conditions of safety that would be obtained by
SUPPLEMENTARY INFORMATION:
of the exemption; (2) the exemption has complying with the regulation 49 CFR
resulted in a lower level of safety than I. Electronic Access 391.41(b)(3). Therefore, the 97
was maintained before it was granted; or applicants in this notice have been
(3) continuation of the exemption would You may see all the comments online
denied exemptions from the physical
not be consistent with the goals and through the Federal Document
qualification standards in 49 CFR
objectives of 49 U.S.C. 31136(e) and Management System (FDMS) at: http://
391.41(b)(3).
31315. www.regulations.gov.
Each applicant has, prior to this
Docket: For access to the docket to notice, received a letter of final
V. Preemption read background documents or disposition regarding his/her exemption
During the period the exemption is in comments, go to http:// request. Those decision letters fully
effect, no State shall enforce any law or www.regulations.gov and/or Room outlined the basis for the denial and
regulation that conflicts with this W12–140 on the ground level of the constitutes final action by the Agency.
exemption with respect to a person West Building, 1200 New Jersey Avenue This notice summarizes the Agency’s
operating under the exemption. SE, Washington, DC, between 9 a.m. and recent denials as required under 49
5 p.m., e.t., Monday through Friday, U.S.C. 31315(b)(4) by periodically
VI. Conclusion except Federal holidays. publishing names and reasons for
Based upon its evaluation of the 186 Privacy Act: In accordance with 5 denial.
exemption applications, FMCSA renews U.S.C. 553(c), DOT solicits comments The following 12 applicants met the
the exemptions of the aforementioned from the public to better inform its diabetes requirements of 49 CFR
drivers from the rule prohibiting drivers rulemaking process. DOT posts these 391.41(b)(3) and do not need an
with ITDM from driving CMVs in comments, without edit, including any exemption:
interstate commerce. In accordance with personal information the commenter Jerome E. Bembry (FL)
49 U.S.C. 31136(e) and 31315, each provides, to http://www.regulations.gov, Scott J. Blair (MI)
exemption will be valid for two years as described in the system of records Bryan D. Cash (MI)
unless revoked earlier by FMCSA. notice (DOT/ALL–14 FDMS), which can John C. Czar (PA)
Issued on: February 7, 2018. be reviewed at http://www.dot.gov/ James P. Despirito (PA)
Larry W. Minor, privacy. Lawrence Jackson (MO)
Associate Administrator for Policy. II. Background Curtis L. Jones (NY)
[FR Doc. 2018–03047 Filed 2–13–18; 8:45 am] Wesley A. McLaughlin (PA)
FMCSA received applications from 97 Francisco Paz (TX)
BILLING CODE 4910–EX–P
individuals who requested an Keith R. Smith (MN)
exemption from the FMCSRs Eloy O. Valdez (CA)
DEPARTMENT OF TRANSPORTATION prohibiting persons with ITDM from Matthew Windle (GA)
operating a CMV in interstate The following 55 applicants were not
Federal Motor Carrier Safety commerce. operating CMVs in interstate commerce:
Administration FMCSA has evaluated the eligibility Warren E. Akiona (WA)
daltland on DSKBBV9HB2PROD with NOTICES

of these applicants and concluded that Mohammed B. Alnounou (MI)
[Docket No. FMCSA–2018–0021] granting these exemptions would not Robert F. Aubert (IA)
Qualification of Drivers; Exemption provide a level of safety that would be David G. Barclay (PA)
Applications; Diabetes equivalent to or greater than, the level Roy E. Barticciotto (NY)
of safety that would be obtained by Lucrecia Bethea (NJ)
AGENCY:Federal Motor Carrier Safety complying with the regulation 49 CFR Michael A. Bogardus (NY)
Administration (FMCSA), DOT. 391.41(b)(3). Vincent F. Brewer (MI)

VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00209 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1

Document Created: 2018-02-14 03:58:58
Document Modified: 2018-02-14 03:58:58

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., e.t., 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		83 FR 6715

83 FR 6715 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 31 (February 14, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration