81 FR 1987 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 9 (January 14, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 9 (January 14, 2016)
| Page Range | 1987-1993 | |
| FR Document | 2016-00653 |
[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)] [Notices] [Pages 1987-1993] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-00653] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0341] Qualification of Drivers; Exemption Applications; Diabetes Mellitus AGENCY: Federal Motor Carrier Safety Administration (FMCSA). ACTION: Notice of applications for exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from 40 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce. DATES: Comments must be received on or before February 16, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2015-0341 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket numbers for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time 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., Monday through Friday, except Federal holidays. The Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want [[Page 1988]] acknowledgment that we received your comments, please include a self- addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. 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 www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, 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: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal Motor Carrier Safety Regulations for a 2-year period if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute also allows the Agency to renew exemptions at the end of the 2-year period. The 40 individuals listed in this notice have recently requested such an exemption from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers of CMVs in interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. II. Qualifications of Applicants Kevin D. Aaron Mr. Aaron, 53, has had ITDM since 2015. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Aaron understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Aaron meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Pennsylvania. Juan Acevedo Mr. Acevedo, 47, has had ITDM since 2010. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Acevedo understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Acevedo meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Florida. Philip K. Allen Mr. Allen, 52, has had ITDM since 1997. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Allen understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Allen meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from New York. Marvin L. Attaway Mr. Attaway, 63, has had ITDM since 2015. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Attaway understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Attaway meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from New Mexico. Lewis M. Belcher Mr. Belcher, 48, has had ITDM since 2015. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Belcher understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Belcher meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from West Virginia. Walter E. Boles Mr. Boles, 47, has had ITDM since 2015. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Boles understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Boles meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Ohio. Eugene O. Carr, Jr. Mr. Carr, 59, has had ITDM since 2015. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Carr understands [[Page 1989]] diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Carr meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Delaware. Tracy R. Clark Ms. Clark, 45, has had ITDM since 2009. Her endocrinologist examined her in 2015 and certified that she has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. Her endocrinologist certifies that Ms. Clark understands diabetes management and monitoring has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Clark meets the requirements of the vision standard at 49 CFR 391.41(b)(10). Her optometrist examined her in 2015 and certified that she does not have diabetic retinopathy. She holds a Class B CDL from Kentucky. Jerry L. Coward Mr. Coward, 57, has had ITDM since 2004. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Coward understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Coward meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from North Carolina. Wesley N. Cubby Mr. Cubby, 40, has had ITDM since 1982. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Cubby understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Cubby meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from New Jersey. Robert C. Davis Mr. Davis, 74, has had ITDM since 2010. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Davis understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Davis meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a CDL from Michigan. Michael G. Deschenes Mr. Deschenes, 57, has had ITDM since 2012. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Deschenes understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Deschenes meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Minnesota. James C. Detwiler Mr. Detwiler, 66, has had ITDM since 2013. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Detwiler understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Detwiler meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from Pennsylvania. Jay E. Diller Mr. Diller, 53, has had ITDM since 2015. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Diller understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Diller meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Pennsylvania. Thomas M. Ellis Mr. Ellis, 23, has had ITDM since 2003. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Ellis understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Ellis meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Pennsylvania. Jose N. Escobar Mr. Escobar, 61, has had ITDM since 2013. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the [[Page 1990]] assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Escobar understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Escobar meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Maryland. James C. Gilkerson Mr. Gilkerson, 28, has had ITDM since 2012. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Gilkerson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Gilkerson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Ohio. Frank J. Gogno Mr. Gogno, 55, has had ITDM since 2013. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Gogno understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Gogno meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Pennsylvania. Michael D. Hashem Mr. Hashem, 58, has had ITDM since 2013. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Hashem understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hashem meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Massachusetts. George W. Hauck Mr. Hauck, 61, has had ITDM since 2014. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Hauck understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hauck meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Louisiana. Aseneka K. Igambi Mr. Igambi, 35, has had ITDM since 1995. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Igambi understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Igambi meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he has stable nonproliferative diabetic retinopathy. He holds an operator's license from Texas. Hayward G. Jinright Mr. Jinright, 57, has had ITDM since 1974. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Jinright understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Jinright meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Alabama. James S. Kauffman Mr. Kauffman, 55, has had ITDM since 1994. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Kauffman understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Kauffman meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Pennsylvania. Kevin M. Kemp Mr. Kemp, 46, has had ITDM since 2014. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Kemp understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Kemp meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that [[Page 1991]] he does not have diabetic retinopathy. He holds an operator's license from New Jersey. Anthony M. Lopez Mr. Lopez, 63, has had ITDM since 2015. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Lopez understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Lopez meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Texas. Carlos A. Montano Mr. Montano, 53, has had ITDM since 2014. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Montano understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Montano meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from New York. Patrick O. Parent Mr. Parent, 51, has had ITDM since 1995. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Parent understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Parent meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Delaware. Michael J. Payne Mr. Payne, 54, has had ITDM since 2010. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Payne understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Payne meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he has stable nonproliferative diabetic retinopathy. He holds an operator's license from Maryland. Charles B. Perry Mr. Perry, 50, has had ITDM since 2007. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Perry understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Perry meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class C CDL from Oregon. Christopher M. Seals Mr. Seals, 35, has had ITDM since 2015. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Seals understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Seals meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Mississippi. Robert Sienkiewicz Mr. Sienkiewicz, 66, has had ITDM since 2013. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Sienkiewicz understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Sienkiewicz meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a CDL from Michigan. Craig A. Sines Mr. Sines, 58, has had ITDM since 2014. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Sines understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Sines meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from Oregon. Joel K. Spencer Mr. Spencer, 45, has had ITDM since 1987. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in [[Page 1992]] the last 5 years. His endocrinologist certifies that Mr. Spencer understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Spencer meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he has stable nonproliferative diabetic retinopathy. He holds an operator's license from Alabama. Michael J. Sweeney Mr. Sweeney, 59, has had ITDM since 2015. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Sweeney understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Sweeney meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from New York. Kendall W. Unruh Mr. Unruh, 28, has had ITDM since 1996. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Unruh understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Unruh meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Missouri. Daniel R. Vilart Mr. Vilart, 58, has had ITDM since 1976. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Vilart understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Vilart meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he has stable nonproliferative diabetic retinopathy. He holds an operator's license from Washington. Billy F. Wallace Mr. Wallace, 77, has had ITDM since 2011. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Wallace understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Wallace meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Alabama. Travis J. Womack Mr. Womack, 30, has had ITDM since 1993. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Womack understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Womack meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he has stable nonproliferative diabetic retinopathy. He holds an operator's license from North Carolina. Logan D. Yoder Mr. Yoder, 30, has had ITDM since 1995. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Yoder understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Yoder meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Indiana. Landon L. Zimmerman Mr. Zimmerman, 22, has had ITDM since 2010. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Zimmerman understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Zimmerman meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Pennsylvania. III. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the date section of the notice. FMCSA notes that section 4129 of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users requires the Secretary to revise its diabetes exemption program established on September 3, 2003 (68 FR 52441).\1\ The revision must provide for individual assessment of drivers with diabetes mellitus, and be consistent [[Page 1993]] with the criteria described in section 4018 of the Transportation Equity Act for the 21st Century (49 U.S.C. 31305). --------------------------------------------------------------------------- \1\ Section 4129(a) refers to the 2003 notice as a ``final rule.'' However, the 2003 notice did not issue a ``final rule'' but did establish the procedures and standards for issuing exemptions for drivers with ITDM. --------------------------------------------------------------------------- Section 4129 requires: (1) Elimination of the requirement for 3 years of experience operating CMVs while being treated with insulin; and (2) establishment of a specified minimum period of insulin use to demonstrate stable control of diabetes before being allowed to operate a CMV. In response to section 4129, FMCSA made immediate revisions to the diabetes exemption program established by the September 3, 2003 notice. FMCSA discontinued use of the 3-year driving experience and fulfilled the requirements of section 4129 while continuing to ensure that operation of CMVs by drivers with ITDM will achieve the requisite level of safety required of all exemptions granted under 49 U.S.C.. 31136 (e). Section 4129(d) also directed FMCSA to ensure that drivers of CMVs with ITDM are not held to a higher standard than other drivers, with the exception of limited operating, monitoring and medical requirements that are deemed medically necessary. The FMCSA concluded that all of the operating, monitoring and medical requirements set out in the September 3, 2003 notice, except as modified, were in compliance with section 4129(d). Therefore, all of the requirements set out in the September 3, 2003 notice, except as modified by the notice in the Federal Register on November 8, 2005 (70 FR 67777), remain in effect. IV. Submitting Comments You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2015-0341 and click the search button. When the new screen appears, click on the blue ``Comment Now!'' button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change this proposed rule based on your comments. FMCSA may issue a final rule at any time after the close of the comment period. V. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2015-0341 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to the proposed rulemaking. Issued on: January 6, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-00653 Filed 1-13-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Notices 1987
Shawn T. Cobbs Keith J. Berger DEPARTMENT OF TRANSPORTATION
Glen D. Crawford Matthew R. Carricaburu
David Dibb Bill Castillo Federal Motor Carrier Safety
Armando Duval Sr. Randal A. Ferguson Administration
Jamie A. Edson Scott A. Hambleton [Docket No. FMCSA–2015–0341]
Roger Ferry Melvin Nelson
Robert C. Findley Luis R. Olivas Qualification of Drivers; Exemption
Jose A. Flores Benajmin M. Pirner Applications; Diabetes Mellitus
Karl D. Graves Russell T. Snorek
William A. Lamkie Blake E. Spires AGENCY: Federal Motor Carrier Safety
Runger H. Langston Gerard R. Talbot Administration (FMCSA).
Bradley W. Lovelace The following 2 applicants did not ACTION: Notice of applications for
Tyrone Marrs have stable vision for the entire three- exemptions; request for comments.
Edmund R. Morrison, IV year period:
Alan L. Ofstad SUMMARY: FMCSA announces receipt of
Trent C. McCain applications from 40 individuals for
John N. Pozworski William D. Wallace
Stanley Reed exemption from the prohibition against
Tyrone M. Reese The following applicant, Jakob Dueck, persons with insulin-treated diabetes
Phillip A. Reilly is a Canadian citizen. mellitus (ITDM) operating commercial
Walter A. Robidoux The following 2 applicants do not motor vehicles (CMVs) in interstate
Rodger L. Shaver meet the vision standard in the better commerce. If granted, the exemptions
Monty W. Torrance eye: would enable these individuals with
Scott A. Van Zandt Michael S. Watson ITDM to operate CMVs in interstate
Neil D. Wangsness WM C. White, Jr. commerce.
The following 10 applicants did not The following 8 applicants met the DATES: Comments must be received on
have three years of recent experience current federal vision standards. or before February 16, 2016.
driving a CMV with the vision Exemptions are not required for
ADDRESSES: You may submit comments
deficiency: applicants who meet the current
bearing the Federal Docket Management
Jason L. Cash regulations for vision:
System (FDMS) Docket No. FMCSA–
Stanley L. Gordon Paul Blanford 2015–0341 using any of the following
John A. Gwinn Joel C. Conrad methods:
Terry L. Haggerty Dillon R. Dupont • Federal eRulemaking Portal: Go to
Ryan A. Hale Christopher S. Fant http://www.regulations.gov. Follow the
Trish A. Melvin Michael J. Hinkle on-line instructions for submitting
Michele L. Mickelson Byron C. Pratt comments.
Daniel G. Vaughan John E. Reiter • Mail: Docket Management Facility;
Ornando K. Welsey Jerry L. Vandervegt U.S. Department of Transportation, 1200
Leonard F. Wood The following 14 applicants were New Jersey Avenue SE., West Building
The following 3 applicants did not denied because they will not be driving Ground Floor, Room W12–140,
have sufficient driving experience interstate, interstate commerce, or are Washington, DC 20590–0001.
during the past three years under not required to carry a DOT medical • Hand Delivery: West Building
normal highway operating conditions: card: Ground Floor, Room W12–140, 1200
Michael E. Jones Gary Bridgewater, Jr. New Jersey Avenue SE., Washington,
Robert C. Lemke Robert W. Dunn DC, between 9 a.m. and 5 p.m., Monday
Eric R. Padgett Lawrence S. Frick through Friday, except Federal
William D. Hauser Holidays.
The following applicant, Mark L. Jesus Hernandez, Jr. • Fax: 1–202–493–2251.
Julin, was charged with a moving Steven E. Herrick Instructions: Each submission must
violation(s) in conjunction with a CMV Gina M. Kiser include the Agency name and the
accident(s). Travis McCoy docket numbers for this notice. Note
The following applicant, Randall K. Roy R. Owens that all comments received will be
Robertson, does not have sufficient William D. Robinson posted without change to http://
peripheral vision in the better eye to Luis Romero www.regulations.gov, including any
qualify for an exemption. Jonathan A. Slatten personal information provided. Please
The following 6 applicants had their Raymond Stonaker see the Privacy Act heading below for
commercial driver’s licenses suspended Tammy S. Whitford further information.
during the previous 3-year period: Docket: For access to the docket to
Finally, the following 2 applicants
Charles E. Calhoun perform transportation for the federal read background documents or
Darrin G. Coffee government, state, or any political sub- comments, go to http://
Jason Lennon division of the state. www.regulations.gov at any time or
Mark Matthews
mstockstill on DSK4VPTVN1PROD with NOTICES
Scott A. Lamb Room W12–140 on the ground level of
Christopher W. Moore the West Building, 1200 New Jersey
Richard M. Marti
Carlton Yuille Avenue SE., Washington, DC, between 9
The following applicant, Kenton D. Issued on: January 6, 2016. a.m. and 5 p.m., Monday through
McCullough, contributed to an Larry W. Minor, Friday, except Federal holidays. The
accident(s) while operating a CMV. Associate Administrator for Policy. Federal Docket Management System
The following 11 applicants were [FR Doc. 2016–00657 Filed 1–13–16; 8:45 am] (FDMS) is available 24 hours each day,
denied for multiple reasons: BILLING CODE 4910–EX–P 365 days each year. If you want
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![Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Notices 1993
with the criteria described in section submit comments by mail and would Issued on: January 11, 2016.
4018 of the Transportation Equity Act like to know that they reached the Larry W. Minor,
for the 21st Century (49 U.S.C. 31305). facility, please enclose a stamped, self- Associate Administrator, Office of Policy,
Section 4129 requires: (1) Elimination addressed postcard or envelope. Federal Motor Carrier Safety Administration.
of the requirement for 3 years of We will consider all comments and [FR Doc. 2016–00711 Filed 1–12–16; 11:15 am]
experience operating CMVs while being material received during the comment BILLING CODE 4910–EX–P
treated with insulin; and (2) period and may change this proposed
establishment of a specified minimum rule based on your comments. FMCSA
period of insulin use to demonstrate may issue a final rule at any time after DEPARTMENT OF TRANSPORTATION
stable control of diabetes before being the close of the comment period.
allowed to operate a CMV. National Highway Traffic Safety
In response to section 4129, FMCSA V. Viewing Comments and Documents Administration
made immediate revisions to the To view comments, as well as any [Docket No. NHTSA–2015–0036; Notice 2]
diabetes exemption program established documents mentioned in this preamble,
by the September 3, 2003 notice. To submit your comment online, go to Graco Children’s Products, Inc., Denial
FMCSA discontinued use of the 3-year http://www.regulations.gov and in the of Petition for Decision of
driving experience and fulfilled the search box insert the docket number Inconsequential Noncompliance
requirements of section 4129 while FMCSA–2015–0341 and click ‘‘Search.’’
continuing to ensure that operation of Next, click ‘‘Open Docket Folder’’ and AGENCY: National Highway Traffic
CMVs by drivers with ITDM will you will find all documents and Safety Administration (NHTSA),
achieve the requisite level of safety comments related to the proposed Department of Transportation (DOT).
required of all exemptions granted rulemaking. ACTION: Denial of petition.
under 49 U.S.C.. 31136 (e). Issued on: January 6, 2016.
Section 4129(d) also directed FMCSA SUMMARY: Graco Children’s Products,
to ensure that drivers of CMVs with Larry W. Minor, Inc., (Graco) has determined that certain
ITDM are not held to a higher standard Associate Administrator for Policy. Graco child restraints do not fully
than other drivers, with the exception of [FR Doc. 2016–00653 Filed 1–13–16; 8:45 am] comply with paragraph S5.5.2(g)(1)(iii)
limited operating, monitoring and BILLING CODE 4910–EX–P
of Federal Motor Vehicle Safety
medical requirements that are deemed Standard (FMVSS) No. 213, Child
Restraint Systems. Graco filed a report
medically necessary.
The FMCSA concluded that all of the DEPARTMENT OF TRANSPORTATION dated March 13, 2015, pursuant to 49
operating, monitoring and medical CFR part 573, Defect and
requirements set out in the September 3, Federal Motor Carrier Safety Noncompliance Responsibility and
2003 notice, except as modified, were in Administration Reports. Graco then submitted a petition
compliance with section 4129(d). for an exemption from the notification
Sunshine Act Meetings; Unified Carrier and remedy requirements of 49 U.S.C.
Therefore, all of the requirements set Registration Plan Board of Directors
out in the September 3, 2003 notice, Chapter 301 on the basis that this
except as modified by the notice in the AGENCY: Federal Motor Carrier Safety noncompliance is inconsequential to
Federal Register on November 8, 2005 Administration (FMCSA), DOT. motor vehicle safety.
(70 FR 67777), remain in effect. ADDRESSES: For further information on
ACTION: Notice of Unified Carrier
Registration Plan Board of Directors the decision contact Zachary Fraser,
IV. Submitting Comments Office of Vehicle Safety Compliance, the
Meeting.
You may submit your comments and National Highway Traffic Safety
material online or by fax, mail, or hand DATES: Time and Date: The meeting will Administration (NHTSA), telephone
delivery, but please use only one of be held on February 2, 2016, from 9:00 (202) 366–5754, facsimile (202) 366–
these means. FMCSA recommends that a.m. to 12:00 noon Mountain Standard 5930.
you include your name and a mailing Time. SUPPLEMENTARY INFORMATION:
address, an email address, or a phone PLACE: The meetings will be open to the
number in the body of your document I. Overview
public at the Saguaro Scottsdale, 4000
so that FMCSA can contact you if there North Drinkwater Blvd., Scottsdale, AZ Pursuant to 49 U.S.C. 30118(d) and
are questions regarding your 85251 and via conference call. Those 30120(h) (see implementing rule at 49
submission. not attending the meetings in person CFR part 556), Graco submitted a
To submit your comment online, go to may call 1–877–422–1931, passcode petition for an exemption from the
http://www.regulations.gov and in the 2855443940, to listen and participate in notification and remedy requirements of
search box insert the docket number the meetings. 49 U.S.C. Chapter 301 on the basis that
FMCSA–2015–0341 and click the search this noncompliance is inconsequential
STATUS: Open to the public.
button. When the new screen appears, to motor vehicle safety.
click on the blue ‘‘Comment Now!’’ MATTERS TO BE CONSIDERED: The Unified Notice of receipt of the Graco’s
button on the right hand side of the Carrier Registration Plan Board of petition was published, with a 30-day
page. On the new page, enter Directors (the Board) will continue its public comment period, on June 4, 2015
information required including the work in developing and implementing in the Federal Register (80 FR 31968).
the Unified Carrier Registration Plan
mstockstill on DSK4VPTVN1PROD with NOTICES
specific section of this document to No comments were received. To view
which each comment applies, and and Agreement and to that end, may the petition and all supporting
provide a reason for each suggestion or consider matters properly before the documents log onto the Federal Docket
recommendation. If you submit your Board. Management Systems (FDMS) Web site
comments by mail or hand delivery, FOR FURTHER INFORMATION CONTACT: Mr. at: http://www.regulations.gov/. Then
submit them in an unbound format, no Avelino Gutierrez, Chair, Unified follow the online search instructions to
larger than 81⁄2 by 11 inches, suitable for Carrier Registration Board of Directors at locate docket number ‘‘NHTSA–2015–
copying and electronic filing. If you (505) 827–4565. 0036.’’
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Document Created: 2016-01-14 02:50:26
Document Modified: 2016-01-14 02:50:26
| 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 applications for exemptions; request for comments. | |
| Dates | Comments must be received on or before February 16, 2016. | |
| Contact | 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 | 81 FR 1987 |
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