81_FR_52657 81 FR 52505 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

81 FR 52505 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 152 (August 8, 2016)

Page Range52505-52512
FR Document2016-18734

FMCSA announces receipt of applications from 46 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.

Federal Register, Volume 81 Issue 152 (Monday, August 8, 2016)
[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Notices]
[Pages 52505-52512]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18734]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0218]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

ACTION: Notice of applications for exemptions; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 46 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 September 7, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2016-0218 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

[[Page 52506]]

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 
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, [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: 

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 46 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

Robert C. Bartleson

    Mr. Bartleson, 58, has had ITDM since 2016. His endocrinologist 
examined him in 2016 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. Bartleson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Bartleson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Wisconsin.

Jeffrey H. Blankenhorn

    Mr. Blankenhorn, 51, has had ITDM since 2015. His endocrinologist 
examined him in 2016 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. Blankenhorn understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Blankenhorn meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Oregon.

Melvin J. Bowers

    Mr. Bowers, 69, has had ITDM since 2014. His endocrinologist 
examined him in 2016 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. Bowers understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Bowers meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from South Carolina.

Howard A. Cambridge

    Mr. Cambridge, 55, has had ITDM since 2016. His endocrinologist 
examined him in 2016 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. Cambridge understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Cambridge meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Donald J. Charette

    Mr. Charette, 71, has had ITDM since 2014. His endocrinologist 
examined him in 2016 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. Charette understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Charette meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from Connecticut.

[[Page 52507]]

Robert C. Davis

    Mr. Davis, 61, has had ITDM since 2013. His endocrinologist 
examined him in 2016 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 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Matthew P. Delaney

    Mr. Delaney, 30, has had ITDM since 2015. His endocrinologist 
examined him in 2016 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. Delaney understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Delaney meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Massachusetts.

Scot D. Dragon

    Mr. Dragon, 56, has had ITDM since 2013. His endocrinologist 
examined him in 2016 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. Dragon understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Dragon meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Connecticut.

Patrick J. Flynn

    Mr. Flynn, 32, has had ITDM since 2012. His endocrinologist 
examined him in 2016 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. Flynn understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Flynn meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Iowa.

Tyson E. Frazier

    Mr. Frazier, 34, has had ITDM since 2010. His endocrinologist 
examined him in 2016 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. Frazier understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Frazier meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from New Hampshire.

Christopher G. Furlong

    Mr. Furlong, 55, has had ITDM since 2013. His endocrinologist 
examined him in 2016 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. Furlong understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Furlong meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Tennessee.

Austin G. Granby

    Mr. Granby, 22, has had ITDM since 2013. His endocrinologist 
examined him in 2016 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. Granby understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Granby meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Illinois.

Charles R. Hurston

    Mr. Hurston, 55, has had ITDM since 2014. His endocrinologist 
examined him in 2016 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. Hurston understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Hurston meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Louisiana.

James E. Ingles

    Mr. Ingles, 69, has had ITDM since 2007. His endocrinologist 
examined him in 2016 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. Ingles understands diabetes 
management and monitoring, has stable control of his diabetes using

[[Page 52508]]

insulin, and is able to drive a CMV safely. Mr. Ingles meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from 
Kentucky.

Lovie L. Ivory

    Mr. Ivory, 65, has had ITDM since 2015. His endocrinologist 
examined him in 2016 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. Ivory understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Ivory meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Alabama.

Rodrigo Jackson

    Mr. Jackson, 46, has had ITDM since 2015. His endocrinologist 
examined him in 2016 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. Jackson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Jackson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Texas.

Keith L. Jaynes

    Mr. Jaynes, 37, has had ITDM since 2016. His endocrinologist 
examined him in 2016 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. Jaynes understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Jaynes meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Maine.

James J. Jopp

    Mr. Jopp, 53, has had ITDM since 2016. His endocrinologist examined 
him in 2016 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. Jopp understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Jopp meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him 
in 2016 and certified that he does not have diabetic retinopathy. He 
holds a Class A CDL from Minnesota.

Evan D. Keese

    Mr. Keese, 32, has had ITDM since 2000. His endocrinologist 
examined him in 2016 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. Keese understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Keese meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from 
Tennessee.

Michael J. Kelly

    Mr. Kelly, 39, has had ITDM since 2010. His endocrinologist 
examined him in 2016 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. Kelly understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Kelly meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from New York.

Mark A. Lewis

    Mr. Lewis, 59, 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. Lewis understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Lewis meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from South Dakota.

Mitchell R. Loge

    Mr. Loge, 28, has had ITDM since 2011. His endocrinologist examined 
him in 2016 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. Loge understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Loge meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him 
in 2016 and certified that he does not have diabetic retinopathy. He 
holds an operator's license from Colorado.

Lloyd I. Lynn

    Mr. Lynn, 69, has had ITDM since 2011. His endocrinologist examined 
him in 2016 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 52509]]

the last 5 years. His endocrinologist certifies that Mr. Lynn 
understands diabetes management and monitoring, has stable control of 
his diabetes using insulin, and is able to drive a CMV safely. Mr. Lynn 
meets the requirements of the vision standard at 49 CFR 391.41(b)(10). 
His optometrist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds a Class C CDL from Iowa.

Vincent Marino

    Mr. Marino, 57, has had ITDM since 2013. His endocrinologist 
examined him in 2016 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. Marino understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Marino meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from West Virginia.

Pedro Mata, Jr.

    Mr. Mata, 43, has had ITDM since 2011. His endocrinologist examined 
him in 2016 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. Mata understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Mata meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined 
him in 2016 and certified that he has stable nonproliferative diabetic 
retinopathy. He holds a CDL from Michigan.

Dean A. McCoy

    Mr. McCoy, 61, has had ITDM since 2013. His endocrinologist 
examined him in 2016 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. McCoy understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. McCoy meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Iowa.

Bruce A. Miller

    Mr. Miller, 57, has had ITDM since 2015. His endocrinologist 
examined him in 2016 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. Miller understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Miller meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Iowa.

William C. Mirabello, III

    Mr. Mirabello, 48, has had ITDM since 2012. His endocrinologist 
examined him in 2016 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. Mirabello understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Mirabello meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Maryland.

Eric J. O'Neal

    Mr. O'Neal, 43, has had ITDM since 2015. His endocrinologist 
examined him in 2016 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. O'Neal understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. O'Neal meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Maryland.

Eugene E. Patterson, III

    Mr. Patterson, 46, has had ITDM since 2008. His endocrinologist 
examined him in 2016 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. Patterson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Patterson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Texas.

Luis A. Santiago

    Mr. Santiago, 47, has had ITDM since 2015. His endocrinologist 
examined him in 2016 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. Santiago understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Santiago meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Connecticut.

Connor J. Sarmiento

    Mr. Sarmiento, 22, has had ITDM since 2008. His endocrinologist 
examined him in 2016 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of

[[Page 52510]]

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. 
Sarmiento understands diabetes management and monitoring, has stable 
control of his diabetes using insulin, and is able to drive a CMV 
safely. Mr. Sarmiento meets the requirements of the vision standard at 
49 CFR 391.41(b)(10). His optometrist examined him in 2016 and 
certified that he does not have diabetic retinopathy. He holds an 
operator's license from Montana.

Michael G. Schleining

    Mr. Schleining, 54, has had ITDM since 2013. His endocrinologist 
examined him in 2016 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. Schleining understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Schleining meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Washington.

Ryan A. Scopino

    Mr. Scopino, 23, has had ITDM since 2014. His endocrinologist 
examined him in 2016 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. Scopino understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Scopino meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Maine.

Robert W. Shafer

    Mr. Shafer, 67, has had ITDM since 2016. His endocrinologist 
examined him in 2016 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. Shafer understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Shafer meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from South Dakota.

Francisco Simental, Jr.

    Mr. Simental, 41, has had ITDM since 2012. His endocrinologist 
examined him in 2016 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. Simental understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Simental meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Texas.

Ronald C. Snide

    Mr. Snide, 29, has had ITDM since 2003. His endocrinologist 
examined him in 2016 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. Snide understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Snide meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds an operator's license 
from New York.

Terry J. Southards

    Mr. Southards, 59, has had ITDM since 2015. His endocrinologist 
examined him in 2016 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. Southards understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Southards meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Kansas.

Timothy T. Stanton

    Mr. Stanton, 47, has had ITDM since 2014. His endocrinologist 
examined him in 2016 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. Stanton understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Stanton meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Minnesota.

Eric W. Thomason

    Mr. Thomason, 44, has had ITDM since 2012. His endocrinologist 
examined him in 2016 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. Thomason understands diabetes 
management and monitoring, has stable control of his diabetes using

[[Page 52511]]

insulin, and is able to drive a CMV safely. Mr. Thomason meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Kansas.

Grady R. Thompson

    Mr. Thompson, 34, has had ITDM since 1992. His endocrinologist 
examined him in 2016 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. Thompson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Thompson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds an operator's license 
from Oklahoma.

Glenn M. Turley

    Mr. Turley, 63, has had ITDM since 2009. His endocrinologist 
examined him in 2016 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. Turley understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Turley meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from West Virginia.

John V. Wallace

    Mr. Wallace, 47, has had ITDM since 2006. His endocrinologist 
examined him in 2016 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 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from 
Massachusetts.

Randy R. Wallace

    Mr. Wallace, 56, has had ITDM since 2010. His endocrinologist 
examined him in 2016 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 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from 
Missouri.

Merle L. Weyer

    Mr. Weyer, 42, has had ITDM since 2012. His endocrinologist 
examined him in 2016 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. Weyer understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Weyer meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from South Dakota.

Norman D. Zamarche

    Mr. Zamarche, 55, has had ITDM since 2012. His endocrinologist 
examined him in 2016 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. Zamarche understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Zamarche meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Utah.

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 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.

[[Page 52512]]

    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-2016-0218 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. FMCSA may issue a final determination 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, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2016-0218 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: July 27, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-18734 Filed 8-5-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                                   Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices                                                  52505

                                                  2. Statutory Basis                                         4 thereunder,8 the Exchange has                       public in accordance with the
                                                     The Exchange believes that its                          designated this rule filing as non-                   provisions of 5 U.S.C. 552, will be
                                                  proposal is consistent with the                            controversial. The Exchange has given                 available for Web site viewing and
                                                  requirements of the Act and rules and                      the Commission written notice of its                  printing in the Commission’s Public
                                                  regulations thereunder that are                            intent to file the proposed rule change,              Reference Room, 100 F Street NE.,
                                                  applicable to a national securities                        along with a brief description and text               Washington, DC 20549, on official
                                                  exchange, and, in particular, with the                     of the proposed rule change at least five             business days between the hours of
                                                  requirements of Section 6(b) of the Act.6                  business days prior to the date of filing             10:00 a.m. and 3:00 p.m. Copies of such
                                                  In particular, the proposal is consistent                  of the proposed rule change, or such                  filing will also be available for
                                                  with Section 6(b)(1) of the Act, because                   shorter time as designated by the                     inspection and copying at the principal
                                                  it retains, without modification, the                      Commission.                                           office of the Exchange. All comments
                                                  existing limitations on ownership and                         At any time within 60 days of the                  received will be posted without change;
                                                  total voting power that currently exist                    filing of the proposed rule change, the               the Commission does not edit personal
                                                  and that are designed to prevent any                       Commission summarily may                              identifying information from
                                                  stockholder from exercising undue                          temporarily suspend such rule change if               submissions. You should submit only
                                                  control over the operation of the                          it appears to the Commission that such                information that you wish to make
                                                  Exchange and to assure that the                            action is: (1) Necessary or appropriate in            available publicly. All submissions
                                                  Exchange is able to carry out its                          the public interest; (2) for the protection           should refer to File Number SR–
                                                  regulatory obligations under the Act.                      of investors; or (3) otherwise in                     BatsBZX–2016–43 and should be
                                                  Under the proposal, the Corporation is                     furtherance of the purposes of the Act.               submitted on or before August 29, 2016.
                                                  making certain administrative changes                      If the Commission takes such action, the
                                                                                                                                                                     For the Commission, by the Division of
                                                  to the bylaws of the Corporation. These                    Commission shall institute proceedings                Trading and Markets, pursuant to delegated
                                                  changes, however, do not impact the                        to determine whether the proposed rule                authority.9
                                                  governance of the Exchange nor do they                     should be approved or disapproved.                    Robert W. Errett,
                                                  modify the ownership of the                                IV. Solicitation of Comments                          Deputy Secretary.
                                                  Corporation.                                                                                                     [FR Doc. 2016–18698 Filed 8–5–16; 8:45 am]
                                                                                                               Interested persons are invited to
                                                  (B) Self-Regulatory Organization’s                         submit written data, views, and                       BILLING CODE 8011–01–P
                                                  Statement on Burden on Competition                         arguments concerning the foregoing,
                                                    The Exchange does not believe that                       including whether the proposed rule
                                                  the proposed rule change imposes any                       change is consistent with the Act.                    DEPARTMENT OF TRANSPORTATION
                                                  burden on competition. As described                        Comments may be submitted by any of
                                                  above, the proposed rule change is                         the following methods:                                Federal Motor Carrier Safety
                                                  simply to reflect the dissolution of DEH                                                                         Administration
                                                                                                             Electronic Comments
                                                  and to remove an unnecessary reference                                                                           [Docket No. FMCSA–2016–0218]
                                                  in the Corporation’s bylaws to BGMH.                         • Use the Commission’s Internet
                                                  These changes do not impact the                            comment form (http://www.sec.gov/                     Qualification of Drivers; Exemption
                                                  governance of the Exchange nor do they                     rules/sro.shtml); or                                  Applications; Diabetes Mellitus
                                                                                                               • Send an email to rule-
                                                  modify the ownership of the                                                                                      AGENCY: Federal Motor Carrier Safety
                                                  Corporation.                                               comments@sec.gov. Please include File
                                                                                                             Number SR–BatsBZX–2016–43 on the                      Administration (FMCSA).
                                                  (C) Self-Regulatory Organization’s                         subject line.                                         ACTION: Notice of applications for
                                                  Statement on Comments on the                                                                                     exemptions; request for comments.
                                                  Proposed Rule Change Received From                         Paper Comments
                                                  Members, Participants or Others                              • Send paper comments in triplicate                 SUMMARY:   FMCSA announces receipt of
                                                                                                             to Secretary, Securities and Exchange                 applications from 46 individuals for
                                                    The Exchange has not solicited, and                                                                            exemption from the prohibition against
                                                  does not intend to solicit, comments on                    Commission, 100 F Street NE.,
                                                                                                             Washington, DC 20549–1090.                            persons with insulin-treated diabetes
                                                  this proposed rule change. The                                                                                   mellitus (ITDM) operating commercial
                                                  Exchange has not received any written                      All submissions should refer to File
                                                                                                             Number SR–BatsBZX–2016–43. This file                  motor vehicles (CMVs) in interstate
                                                  comments from members or other                                                                                   commerce. If granted, the exemptions
                                                  interested parties.                                        number should be included on the
                                                                                                             subject line if email is used. To help the            would enable these individuals with
                                                  III. Date of Effectiveness of the                          Commission process and review your                    ITDM to operate CMVs in interstate
                                                  Proposed Rule Change and Timing for                        comments more efficiently, please use                 commerce.
                                                  Commission Action                                          only one method. The Commission will                  DATES: Comments must be received on
                                                     Because the foregoing proposed rule                     post all comments on the Commission’s                 or before September 7, 2016.
                                                  change does not: (A) Significantly affect                  Internet Web site (http://www.sec.gov/                ADDRESSES: You may submit comments
                                                  the protection of investors or the public                  rules/sro.shtml). Copies of the                       bearing the Federal Docket Management
                                                  interest; (B) impose any significant                       submission, all subsequent                            System (FDMS) Docket No. FMCSA–
                                                  burden on competition; and (C) by its                      amendments, all written statements                    2016–0218 using any of the following
                                                  terms, become operative for 30 days                        with respect to the proposed rule                     methods:
                                                                                                             change that are filed with the                          • Federal eRulemaking Portal: Go to
mstockstill on DSK3G9T082PROD with NOTICES




                                                  from the date on which it was filed or
                                                  such shorter time as the Commission                        Commission, and all written                           http://www.regulations.gov. Follow the
                                                  may designate it has become effective                      communications relating to the                        on-line instructions for submitting
                                                  pursuant to Section 19(b)(3)(A) of the                     proposed rule change between the                      comments.
                                                  Act 7 and paragraph (f)(6) of Rule 19b–                    Commission and any person, other than                   • Mail: Docket Management Facility;
                                                                                                             those that may be withheld from the                   U.S. Department of Transportation, 1200
                                                    6 15   U.S.C. 78f(b).
                                                    7 15   U.S.C. 78s(b)(3)(A).                                8 17   CFR 240.19b–4.                                 9 17   CFR 200.30–3(a)(12).



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                                                  52506                         Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices

                                                  New Jersey Avenue SE., West Building                    statute also allows the Agency to renew               in loss of consciousness, requiring the
                                                  Ground Floor, Room W12–140,                             exemptions at the end of the 2-year                   assistance of another person, or
                                                  Washington, DC 20590–0001.                              period. The 46 individuals listed in this             resulting in impaired cognitive function
                                                    • Hand Delivery: West Building                        notice have recently requested such an                that occurred without warning in the
                                                  Ground Floor, Room W12–140, 1200                        exemption from the diabetes prohibition               past 12 months and no recurrent (2 or
                                                  New Jersey Avenue SE., Washington,                      in 49 CFR 391.41(b)(3), which applies to              more) severe hypoglycemic episodes in
                                                  DC, between 9 a.m. and 5 p.m., Monday                   drivers of CMVs in interstate commerce.               the last 5 years. His endocrinologist
                                                  through Friday, except Federal                          Accordingly, the Agency will evaluate                 certifies that Mr. Bowers understands
                                                  Holidays.                                               the qualifications of each applicant to               diabetes management and monitoring,
                                                    • Fax: 1–202–493–2251.                                determine whether granting the                        has stable control of his diabetes using
                                                    Instructions: Each submission must                    exemption will achieve the required                   insulin, and is able to drive a CMV
                                                  include the Agency name and the                         level of safety mandated by statute.                  safely. Mr. Bowers meets the
                                                  docket numbers for this notice. Note                                                                          requirements of the vision standard at
                                                                                                          II. Qualifications of Applicants
                                                  that all comments received will be                                                                            49 CFR 391.41(b)(10). His
                                                  posted without change to http://                        Robert C. Bartleson                                   ophthalmologist examined him in 2016
                                                  www.regulations.gov, including any                        Mr. Bartleson, 58, has had ITDM since               and certified that he does not have
                                                  personal information provided. Please                   2016. His endocrinologist examined him                diabetic retinopathy. He holds a Class A
                                                  see the Privacy Act heading below for                   in 2016 and certified that he has had no              CDL from South Carolina.
                                                  further information.                                    severe hypoglycemic reactions resulting
                                                     Docket: For access to the docket to                                                                        Howard A. Cambridge
                                                                                                          in loss of consciousness, requiring the
                                                  read background documents or
                                                                                                          assistance of another person, or                        Mr. Cambridge, 55, has had ITDM
                                                  comments, go to http://
                                                                                                          resulting in impaired cognitive function              since 2016. His endocrinologist
                                                  www.regulations.gov at any time or
                                                                                                          that occurred without warning in the                  examined him in 2016 and certified that
                                                  Room W12–140 on the ground level of
                                                                                                          past 12 months and no recurrent (2 or                 he has had no severe hypoglycemic
                                                  the West Building, 1200 New Jersey
                                                                                                          more) severe hypoglycemic episodes in                 reactions resulting in loss of
                                                  Avenue SE., Washington, DC, between 9
                                                                                                          the last 5 years. His endocrinologist                 consciousness, requiring the assistance
                                                  a.m. and 5 p.m., Monday through
                                                                                                          certifies that Mr. Bartleson understands              of another person, or resulting in
                                                  Friday, except Federal holidays. The
                                                                                                          diabetes management and monitoring,                   impaired cognitive function that
                                                  Federal Docket Management System
                                                                                                          has stable control of his diabetes using              occurred without warning in the past 12
                                                  (FDMS) is available 24 hours each day,
                                                                                                          insulin, and is able to drive a CMV                   months and no recurrent (2 or more)
                                                  365 days each year. If you want
                                                                                                          safely. Mr. Bartleson meets the                       severe hypoglycemic episodes in the
                                                  acknowledgment that we received your
                                                                                                          requirements of the vision standard at                last 5 years. His endocrinologist certifies
                                                  comments, please include a self-
                                                                                                          49 CFR 391.41(b)(10). His                             that Mr. Cambridge understands
                                                  addressed, stamped envelope or
                                                                                                          ophthalmologist examined him in 2016                  diabetes management and monitoring,
                                                  postcard or print the acknowledgement
                                                                                                          and certified that he does not have                   has stable control of his diabetes using
                                                  page that appears after submitting
                                                                                                          diabetic retinopathy. He holds a Class A              insulin, and is able to drive a CMV
                                                  comments on-line.
                                                                                                          CDL from Wisconsin.                                   safely. Mr. Cambridge meets the
                                                     Privacy Act: In accordance with 5
                                                  U.S.C. 553(c), DOT solicits comments                    Jeffrey H. Blankenhorn                                requirements of the vision standard at
                                                  from the public to better inform its                                                                          49 CFR 391.41(b)(10). His optometrist
                                                                                                            Mr. Blankenhorn, 51, has had ITDM                   examined him in 2016 and certified that
                                                  rulemaking process. DOT posts these                     since 2015. His endocrinologist
                                                  comments, without edit, including any                                                                         he does not have diabetic retinopathy.
                                                                                                          examined him in 2016 and certified that               He holds a Class A CDL from
                                                  personal information the commenter                      he has had no severe hypoglycemic
                                                  provides, to www.regulations.gov, as                                                                          Pennsylvania.
                                                                                                          reactions resulting in loss of
                                                  described in the system of records                      consciousness, requiring the assistance               Donald J. Charette
                                                  notice (DOT/ALL–14 FDMS), which can                     of another person, or resulting in
                                                  be reviewed at www.dot.gov/privacy.                     impaired cognitive function that                        Mr. Charette, 71, has had ITDM since
                                                  FOR FURTHER INFORMATION CONTACT:                        occurred without warning in the past 12               2014. His endocrinologist examined him
                                                  Christine A. Hydock, Chief, Medical                     months and no recurrent (2 or more)                   in 2016 and certified that he has had no
                                                  Programs Division, (202) 366–4001,                      severe hypoglycemic episodes in the                   severe hypoglycemic reactions resulting
                                                  fmcsamedical@dot.gov, FMCSA,                            last 5 years. His endocrinologist certifies           in loss of consciousness, requiring the
                                                  Department of Transportation, 1200                      that Mr. Blankenhorn understands                      assistance of another person, or
                                                  New Jersey Avenue SE., Room W64–                        diabetes management and monitoring,                   resulting in impaired cognitive function
                                                  113, Washington, DC 20590–0001.                         has stable control of his diabetes using              that occurred without warning in the
                                                  Office hours are 8:30 a.m. to 5 p.m., e.t.,             insulin, and is able to drive a CMV                   past 12 months and no recurrent (2 or
                                                  Monday through Friday, except Federal                   safely. Mr. Blankenhorn meets the                     more) severe hypoglycemic episodes in
                                                  holidays.                                               requirements of the vision standard at                the last 5 years. His endocrinologist
                                                  SUPPLEMENTARY INFORMATION:                              49 CFR 391.41(b)(10). His optometrist                 certifies that Mr. Charette understands
                                                                                                          examined him in 2016 and certified that               diabetes management and monitoring,
                                                  I. Background                                                                                                 has stable control of his diabetes using
                                                                                                          he does not have diabetic retinopathy.
                                                     Under 49 U.S.C. 31136(e) and 31315,                                                                        insulin, and is able to drive a CMV
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          He holds an operator’s license from
                                                  FMCSA may grant an exemption from                       Oregon.                                               safely. Mr. Charette meets the
                                                  the Federal Motor Carrier Safety                                                                              requirements of the vision standard at
                                                  Regulations for a 2-year period if it finds             Melvin J. Bowers                                      49 CFR 391.41(b)(10). His
                                                  ‘‘such exemption would likely achieve a                   Mr. Bowers, 69, has had ITDM since                  ophthalmologist examined him in 2016
                                                  level of safety that is equivalent to or                2014. His endocrinologist examined him                and certified that he does not have
                                                  greater than the level that would be                    in 2016 and certified that he has had no              diabetic retinopathy. He holds a Class B
                                                  achieved absent such exemption.’’ The                   severe hypoglycemic reactions resulting               CDL from Connecticut.


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                                                                                Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices                                          52507

                                                  Robert C. Davis                                         nonproliferative diabetic retinopathy.                49 CFR 391.41(b)(10). His optometrist
                                                    Mr. Davis, 61, has had ITDM since                     He holds a Class A CDL from                           examined him in 2016 and certified that
                                                  2013. His endocrinologist examined him                  Connecticut.                                          he does not have diabetic retinopathy.
                                                  in 2016 and certified that he has had no                                                                      He holds an operator’s license from
                                                                                                          Patrick J. Flynn
                                                  severe hypoglycemic reactions resulting                                                                       Tennessee.
                                                                                                            Mr. Flynn, 32, has had ITDM since
                                                  in loss of consciousness, requiring the                 2012. His endocrinologist examined him                Austin G. Granby
                                                  assistance of another person, or                        in 2016 and certified that he has had no                 Mr. Granby, 22, has had ITDM since
                                                  resulting in impaired cognitive function                severe hypoglycemic reactions resulting               2013. His endocrinologist examined him
                                                  that occurred without warning in the                    in loss of consciousness, requiring the               in 2016 and certified that he has had no
                                                  past 12 months and no recurrent (2 or                   assistance of another person, or                      severe hypoglycemic reactions resulting
                                                  more) severe hypoglycemic episodes in                   resulting in impaired cognitive function              in loss of consciousness, requiring the
                                                  the last 5 years. His endocrinologist                   that occurred without warning in the                  assistance of another person, or
                                                  certifies that Mr. Davis understands                    past 12 months and no recurrent (2 or                 resulting in impaired cognitive function
                                                  diabetes management and monitoring,                     more) severe hypoglycemic episodes in                 that occurred without warning in the
                                                  has stable control of his diabetes using                the last 5 years. His endocrinologist                 past 12 months and no recurrent (2 or
                                                  insulin, and is able to drive a CMV                     certifies that Mr. Flynn understands                  more) severe hypoglycemic episodes in
                                                  safely. Mr. Davis meets the requirements                diabetes management and monitoring,                   the last 5 years. His endocrinologist
                                                  of the vision standard at 49 CFR                        has stable control of his diabetes using              certifies that Mr. Granby understands
                                                  391.41(b)(10). His optometrist examined                 insulin, and is able to drive a CMV                   diabetes management and monitoring,
                                                  him in 2016 and certified that he does                  safely. Mr. Flynn meets the                           has stable control of his diabetes using
                                                  not have diabetic retinopathy. He holds                 requirements of the vision standard at                insulin, and is able to drive a CMV
                                                  a Class A CDL from Pennsylvania.                        49 CFR 391.41(b)(10). His optometrist                 safely. Mr. Granby meets the
                                                  Matthew P. Delaney                                      examined him in 2016 and certified that               requirements of the vision standard at
                                                                                                          he does not have diabetic retinopathy.                49 CFR 391.41(b)(10). His optometrist
                                                    Mr. Delaney, 30, has had ITDM since                   He holds a Class A CDL from Iowa.                     examined him in 2016 and certified that
                                                  2015. His endocrinologist examined him                                                                        he does not have diabetic retinopathy.
                                                  in 2016 and certified that he has had no                Tyson E. Frazier
                                                                                                                                                                He holds an operator’s license from
                                                  severe hypoglycemic reactions resulting                   Mr. Frazier, 34, has had ITDM since                 Illinois.
                                                  in loss of consciousness, requiring the                 2010. His endocrinologist examined him
                                                  assistance of another person, or                        in 2016 and certified that he has had no              Charles R. Hurston
                                                  resulting in impaired cognitive function                severe hypoglycemic reactions resulting                 Mr. Hurston, 55, has had ITDM since
                                                  that occurred without warning in the                    in loss of consciousness, requiring the               2014. His endocrinologist examined him
                                                  past 12 months and no recurrent (2 or                   assistance of another person, or                      in 2016 and certified that he has had no
                                                  more) severe hypoglycemic episodes in                   resulting in impaired cognitive function              severe hypoglycemic reactions resulting
                                                  the last 5 years. His endocrinologist                   that occurred without warning in the                  in loss of consciousness, requiring the
                                                  certifies that Mr. Delaney understands                  past 12 months and no recurrent (2 or                 assistance of another person, or
                                                  diabetes management and monitoring,                     more) severe hypoglycemic episodes in                 resulting in impaired cognitive function
                                                  has stable control of his diabetes using                the last 5 years. His endocrinologist                 that occurred without warning in the
                                                  insulin, and is able to drive a CMV                     certifies that Mr. Frazier understands                past 12 months and no recurrent (2 or
                                                  safely. Mr. Delaney meets the                           diabetes management and monitoring,                   more) severe hypoglycemic episodes in
                                                  requirements of the vision standard at                  has stable control of his diabetes using              the last 5 years. His endocrinologist
                                                  49 CFR 391.41(b)(10). His                               insulin, and is able to drive a CMV                   certifies that Mr. Hurston understands
                                                  ophthalmologist examined him in 2016                    safely. Mr. Frazier meets the                         diabetes management and monitoring,
                                                  and certified that he does not have                     requirements of the vision standard at                has stable control of his diabetes using
                                                  diabetic retinopathy. He holds a Class A                49 CFR 391.41(b)(10). His optometrist                 insulin, and is able to drive a CMV
                                                  CDL from Massachusetts.                                 examined him in 2016 and certified that               safely. Mr. Hurston meets the
                                                  Scot D. Dragon                                          he does not have diabetic retinopathy.                requirements of the vision standard at
                                                                                                          He holds a Class B CDL from New                       49 CFR 391.41(b)(10). His
                                                    Mr. Dragon, 56, has had ITDM since                    Hampshire.                                            ophthalmologist examined him in 2016
                                                  2013. His endocrinologist examined him                                                                        and certified that he has stable
                                                  in 2016 and certified that he has had no                Christopher G. Furlong
                                                                                                                                                                nonproliferative diabetic retinopathy.
                                                  severe hypoglycemic reactions resulting                   Mr. Furlong, 55, has had ITDM since                 He holds a Class A CDL from Louisiana.
                                                  in loss of consciousness, requiring the                 2013. His endocrinologist examined him
                                                  assistance of another person, or                        in 2016 and certified that he has had no              James E. Ingles
                                                  resulting in impaired cognitive function                severe hypoglycemic reactions resulting                 Mr. Ingles, 69, has had ITDM since
                                                  that occurred without warning in the                    in loss of consciousness, requiring the               2007. His endocrinologist examined him
                                                  past 12 months and no recurrent (2 or                   assistance of another person, or                      in 2016 and certified that he has had no
                                                  more) severe hypoglycemic episodes in                   resulting in impaired cognitive function              severe hypoglycemic reactions resulting
                                                  the last 5 years. His endocrinologist                   that occurred without warning in the                  in loss of consciousness, requiring the
                                                  certifies that Mr. Dragon understands                   past 12 months and no recurrent (2 or                 assistance of another person, or
                                                  diabetes management and monitoring,                     more) severe hypoglycemic episodes in                 resulting in impaired cognitive function
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                                                  has stable control of his diabetes using                the last 5 years. His endocrinologist                 that occurred without warning in the
                                                  insulin, and is able to drive a CMV                     certifies that Mr. Furlong understands                past 12 months and no recurrent (2 or
                                                  safely. Mr. Dragon meets the                            diabetes management and monitoring,                   more) severe hypoglycemic episodes in
                                                  requirements of the vision standard at                  has stable control of his diabetes using              the last 5 years. His endocrinologist
                                                  49 CFR 391.41(b)(10). His                               insulin, and is able to drive a CMV                   certifies that Mr. Ingles understands
                                                  ophthalmologist examined him in 2016                    safely. Mr. Furlong meets the                         diabetes management and monitoring,
                                                  and certified that he has stable                        requirements of the vision standard at                has stable control of his diabetes using


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                                                  52508                         Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices

                                                  insulin, and is able to drive a CMV                     diabetes management and monitoring,                   certifies that Mr. Kelly understands
                                                  safely. Mr. Ingles meets the                            has stable control of his diabetes using              diabetes management and monitoring,
                                                  requirements of the vision standard at                  insulin, and is able to drive a CMV                   has stable control of his diabetes using
                                                  49 CFR 391.41(b)(10). His                               safely. Mr. Jaynes meets the                          insulin, and is able to drive a CMV
                                                  ophthalmologist examined him in 2016                    requirements of the vision standard at                safely. Mr. Kelly meets the requirements
                                                  and certified that he does not have                     49 CFR 391.41(b)(10). His optometrist                 of the vision standard at 49 CFR
                                                  diabetic retinopathy. He holds an                       examined him in 2016 and certified that               391.41(b)(10). His optometrist examined
                                                  operator’s license from Kentucky.                       he does not have diabetic retinopathy.                him in 2016 and certified that he does
                                                                                                          He holds a Class A CDL from Maine.                    not have diabetic retinopathy. He holds
                                                  Lovie L. Ivory
                                                                                                                                                                a Class B CDL from New York.
                                                    Mr. Ivory, 65, has had ITDM since                     James J. Jopp
                                                  2015. His endocrinologist examined him                    Mr. Jopp, 53, has had ITDM since                    Mark A. Lewis
                                                  in 2016 and certified that he has had no                2016. His endocrinologist examined him                  Mr. Lewis, 59, has had ITDM since
                                                  severe hypoglycemic reactions resulting                 in 2016 and certified that he has had no              2012. His endocrinologist examined him
                                                  in loss of consciousness, requiring the                 severe hypoglycemic reactions resulting               in 2015 and certified that he has had no
                                                  assistance of another person, or                        in loss of consciousness, requiring the               severe hypoglycemic reactions resulting
                                                  resulting in impaired cognitive function                assistance of another person, or                      in loss of consciousness, requiring the
                                                  that occurred without warning in the                    resulting in impaired cognitive function              assistance of another person, or
                                                  past 12 months and no recurrent (2 or                   that occurred without warning in the                  resulting in impaired cognitive function
                                                  more) severe hypoglycemic episodes in                   past 12 months and no recurrent (2 or                 that occurred without warning in the
                                                  the last 5 years. His endocrinologist                   more) severe hypoglycemic episodes in                 past 12 months and no recurrent (2 or
                                                  certifies that Mr. Ivory understands                    the last 5 years. His endocrinologist                 more) severe hypoglycemic episodes in
                                                  diabetes management and monitoring,                     certifies that Mr. Jopp understands                   the last 5 years. His endocrinologist
                                                  has stable control of his diabetes using                diabetes management and monitoring,                   certifies that Mr. Lewis understands
                                                  insulin, and is able to drive a CMV                     has stable control of his diabetes using              diabetes management and monitoring,
                                                  safely. Mr. Ivory meets the requirements                insulin, and is able to drive a CMV                   has stable control of his diabetes using
                                                  of the vision standard at 49 CFR                        safely. Mr. Jopp meets the requirements               insulin, and is able to drive a CMV
                                                  391.41(b)(10). His optometrist examined                 of the vision standard at 49 CFR                      safely. Mr. Lewis meets the
                                                  him in 2016 and certified that he does                  391.41(b)(10). His optometrist examined               requirements of the vision standard at
                                                  not have diabetic retinopathy. He holds                 him in 2016 and certified that he does                49 CFR 391.41(b)(10). His optometrist
                                                  an operator’s license from Alabama.                     not have diabetic retinopathy. He holds               examined him in 2016 and certified that
                                                                                                          a Class A CDL from Minnesota.                         he does not have diabetic retinopathy.
                                                  Rodrigo Jackson
                                                                                                                                                                He holds a Class A CDL from South
                                                    Mr. Jackson, 46, has had ITDM since                   Evan D. Keese
                                                                                                                                                                Dakota.
                                                  2015. His endocrinologist examined him                    Mr. Keese, 32, has had ITDM since
                                                  in 2016 and certified that he has had no                2000. His endocrinologist examined him                Mitchell R. Loge
                                                  severe hypoglycemic reactions resulting                 in 2016 and certified that he has had no                Mr. Loge, 28, has had ITDM since
                                                  in loss of consciousness, requiring the                 severe hypoglycemic reactions resulting               2011. His endocrinologist examined him
                                                  assistance of another person, or                        in loss of consciousness, requiring the               in 2016 and certified that he has had no
                                                  resulting in impaired cognitive function                assistance of another person, or                      severe hypoglycemic reactions resulting
                                                  that occurred without warning in the                    resulting in impaired cognitive function              in loss of consciousness, requiring the
                                                  past 12 months and no recurrent (2 or                   that occurred without warning in the                  assistance of another person, or
                                                  more) severe hypoglycemic episodes in                   past 12 months and no recurrent (2 or                 resulting in impaired cognitive function
                                                  the last 5 years. His endocrinologist                   more) severe hypoglycemic episodes in                 that occurred without warning in the
                                                  certifies that Mr. Jackson understands                  the last 5 years. His endocrinologist                 past 12 months and no recurrent (2 or
                                                  diabetes management and monitoring,                     certifies that Mr. Keese understands                  more) severe hypoglycemic episodes in
                                                  has stable control of his diabetes using                diabetes management and monitoring,                   the last 5 years. His endocrinologist
                                                  insulin, and is able to drive a CMV                     has stable control of his diabetes using              certifies that Mr. Loge understands
                                                  safely. Mr. Jackson meets the                           insulin, and is able to drive a CMV                   diabetes management and monitoring,
                                                  requirements of the vision standard at                  safely. Mr. Keese meets the                           has stable control of his diabetes using
                                                  49 CFR 391.41(b)(10). His optometrist                   requirements of the vision standard at                insulin, and is able to drive a CMV
                                                  examined him in 2016 and certified that                 49 CFR 391.41(b)(10). His                             safely. Mr. Loge meets the requirements
                                                  he does not have diabetic retinopathy.                  ophthalmologist examined him in 2016                  of the vision standard at 49 CFR
                                                  He holds an operator’s license from                     and certified that he does not have                   391.41(b)(10). His optometrist examined
                                                  Texas.                                                  diabetic retinopathy. He holds an                     him in 2016 and certified that he does
                                                                                                          operator’s license from Tennessee.                    not have diabetic retinopathy. He holds
                                                  Keith L. Jaynes
                                                                                                                                                                an operator’s license from Colorado.
                                                    Mr. Jaynes, 37, has had ITDM since                    Michael J. Kelly
                                                  2016. His endocrinologist examined him                    Mr. Kelly, 39, has had ITDM since                   Lloyd I. Lynn
                                                  in 2016 and certified that he has had no                2010. His endocrinologist examined him                  Mr. Lynn, 69, has had ITDM since
                                                  severe hypoglycemic reactions resulting                 in 2016 and certified that he has had no              2011. His endocrinologist examined him
                                                  in loss of consciousness, requiring the                 severe hypoglycemic reactions resulting               in 2016 and certified that he has had no
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                                                  assistance of another person, or                        in loss of consciousness, requiring the               severe hypoglycemic reactions resulting
                                                  resulting in impaired cognitive function                assistance of another person, or                      in loss of consciousness, requiring the
                                                  that occurred without warning in the                    resulting in impaired cognitive function              assistance of another person, or
                                                  past 12 months and no recurrent (2 or                   that occurred without warning in the                  resulting in impaired cognitive function
                                                  more) severe hypoglycemic episodes in                   past 12 months and no recurrent (2 or                 that occurred without warning in the
                                                  the last 5 years. His endocrinologist                   more) severe hypoglycemic episodes in                 past 12 months and no recurrent (2 or
                                                  certifies that Mr. Jaynes understands                   the last 5 years. His endocrinologist                 more) severe hypoglycemic episodes in


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                                                                                Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices                                           52509

                                                  the last 5 years. His endocrinologist                   past 12 months and no recurrent (2 or                 that occurred without warning in the
                                                  certifies that Mr. Lynn understands                     more) severe hypoglycemic episodes in                 past 12 months and no recurrent (2 or
                                                  diabetes management and monitoring,                     the last 5 years. His endocrinologist                 more) severe hypoglycemic episodes in
                                                  has stable control of his diabetes using                certifies that Mr. McCoy understands                  the last 5 years. His endocrinologist
                                                  insulin, and is able to drive a CMV                     diabetes management and monitoring,                   certifies that Mr. O’Neal understands
                                                  safely. Mr. Lynn meets the requirements                 has stable control of his diabetes using              diabetes management and monitoring,
                                                  of the vision standard at 49 CFR                        insulin, and is able to drive a CMV                   has stable control of his diabetes using
                                                  391.41(b)(10). His optometrist examined                 safely. Mr. McCoy meets the                           insulin, and is able to drive a CMV
                                                  him in 2016 and certified that he does                  requirements of the vision standard at                safely. Mr. O’Neal meets the
                                                  not have diabetic retinopathy. He holds                 49 CFR 391.41(b)(10). His optometrist                 requirements of the vision standard at
                                                  a Class C CDL from Iowa.                                examined him in 2016 and certified that               49 CFR 391.41(b)(10). His optometrist
                                                                                                          he does not have diabetic retinopathy.                examined him in 2016 and certified that
                                                  Vincent Marino
                                                                                                          He holds a Class A CDL from Iowa.                     he does not have diabetic retinopathy.
                                                    Mr. Marino, 57, has had ITDM since                                                                          He holds an operator’s license from
                                                  2013. His endocrinologist examined him                  Bruce A. Miller
                                                                                                                                                                Maryland.
                                                  in 2016 and certified that he has had no                  Mr. Miller, 57, has had ITDM since
                                                  severe hypoglycemic reactions resulting                 2015. His endocrinologist examined him                Eugene E. Patterson, III
                                                  in loss of consciousness, requiring the                 in 2016 and certified that he has had no                Mr. Patterson, 46, has had ITDM since
                                                  assistance of another person, or                        severe hypoglycemic reactions resulting               2008. His endocrinologist examined him
                                                  resulting in impaired cognitive function                in loss of consciousness, requiring the               in 2016 and certified that he has had no
                                                  that occurred without warning in the                    assistance of another person, or                      severe hypoglycemic reactions resulting
                                                  past 12 months and no recurrent (2 or                   resulting in impaired cognitive function              in loss of consciousness, requiring the
                                                  more) severe hypoglycemic episodes in                   that occurred without warning in the                  assistance of another person, or
                                                  the last 5 years. His endocrinologist                   past 12 months and no recurrent (2 or                 resulting in impaired cognitive function
                                                  certifies that Mr. Marino understands                   more) severe hypoglycemic episodes in                 that occurred without warning in the
                                                  diabetes management and monitoring,                     the last 5 years. His endocrinologist                 past 12 months and no recurrent (2 or
                                                  has stable control of his diabetes using                certifies that Mr. Miller understands                 more) severe hypoglycemic episodes in
                                                  insulin, and is able to drive a CMV                     diabetes management and monitoring,                   the last 5 years. His endocrinologist
                                                  safely. Mr. Marino meets the                            has stable control of his diabetes using              certifies that Mr. Patterson understands
                                                  requirements of the vision standard at                  insulin, and is able to drive a CMV                   diabetes management and monitoring,
                                                  49 CFR 391.41(b)(10). His optometrist                   safely. Mr. Miller meets the                          has stable control of his diabetes using
                                                  examined him in 2016 and certified that                 requirements of the vision standard at                insulin, and is able to drive a CMV
                                                  he does not have diabetic retinopathy.                  49 CFR 391.41(b)(10). His optometrist                 safely. Mr. Patterson meets the
                                                  He holds a Class A CDL from West                        examined him in 2016 and certified that               requirements of the vision standard at
                                                  Virginia.                                               he does not have diabetic retinopathy.                49 CFR 391.41(b)(10). His optometrist
                                                                                                          He holds a Class A CDL from Iowa.                     examined him in 2016 and certified that
                                                  Pedro Mata, Jr.
                                                                                                                                                                he does not have diabetic retinopathy.
                                                    Mr. Mata, 43, has had ITDM since                      William C. Mirabello, III
                                                                                                                                                                He holds a Class B CDL from Texas.
                                                  2011. His endocrinologist examined him                    Mr. Mirabello, 48, has had ITDM
                                                  in 2016 and certified that he has had no                since 2012. His endocrinologist                       Luis A. Santiago
                                                  severe hypoglycemic reactions resulting                 examined him in 2016 and certified that                 Mr. Santiago, 47, has had ITDM since
                                                  in loss of consciousness, requiring the                 he has had no severe hypoglycemic                     2015. His endocrinologist examined him
                                                  assistance of another person, or                        reactions resulting in loss of                        in 2016 and certified that he has had no
                                                  resulting in impaired cognitive function                consciousness, requiring the assistance               severe hypoglycemic reactions resulting
                                                  that occurred without warning in the                    of another person, or resulting in                    in loss of consciousness, requiring the
                                                  past 12 months and no recurrent (2 or                   impaired cognitive function that                      assistance of another person, or
                                                  more) severe hypoglycemic episodes in                   occurred without warning in the past 12               resulting in impaired cognitive function
                                                  the last 5 years. His endocrinologist                   months and no recurrent (2 or more)                   that occurred without warning in the
                                                  certifies that Mr. Mata understands                     severe hypoglycemic episodes in the                   past 12 months and no recurrent (2 or
                                                  diabetes management and monitoring,                     last 5 years. His endocrinologist certifies           more) severe hypoglycemic episodes in
                                                  has stable control of his diabetes using                that Mr. Mirabello understands diabetes               the last 5 years. His endocrinologist
                                                  insulin, and is able to drive a CMV                     management and monitoring, has stable                 certifies that Mr. Santiago understands
                                                  safely. Mr. Mata meets the requirements                 control of his diabetes using insulin,                diabetes management and monitoring,
                                                  of the vision standard at 49 CFR                        and is able to drive a CMV safely. Mr.                has stable control of his diabetes using
                                                  391.41(b)(10). His ophthalmologist                      Mirabello meets the requirements of the               insulin, and is able to drive a CMV
                                                  examined him in 2016 and certified that                 vision standard at 49 CFR 391.41(b)(10).              safely. Mr. Santiago meets the
                                                  he has stable nonproliferative diabetic                 His optometrist examined him in 2016                  requirements of the vision standard at
                                                  retinopathy. He holds a CDL from                        and certified that he does not have                   49 CFR 391.41(b)(10). His optometrist
                                                  Michigan.                                               diabetic retinopathy. He holds an                     examined him in 2016 and certified that
                                                                                                          operator’s license from Maryland.                     he does not have diabetic retinopathy.
                                                  Dean A. McCoy
                                                                                                                                                                He holds an operator’s license from
                                                    Mr. McCoy, 61, has had ITDM since                     Eric J. O’Neal
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                                                                                                                                                                Connecticut.
                                                  2013. His endocrinologist examined him                    Mr. O’Neal, 43, has had ITDM since
                                                  in 2016 and certified that he has had no                2015. His endocrinologist examined him                Connor J. Sarmiento
                                                  severe hypoglycemic reactions resulting                 in 2016 and certified that he has had no                Mr. Sarmiento, 22, has had ITDM
                                                  in loss of consciousness, requiring the                 severe hypoglycemic reactions resulting               since 2008. His endocrinologist
                                                  assistance of another person, or                        in loss of consciousness, requiring the               examined him in 2016 and certified that
                                                  resulting in impaired cognitive function                assistance of another person, or                      he has had no severe hypoglycemic
                                                  that occurred without warning in the                    resulting in impaired cognitive function              reactions resulting in loss of


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                                                  52510                         Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices

                                                  consciousness, requiring the assistance                 Robert W. Shafer                                      and certified that he has stable
                                                  of another person, or resulting in                        Mr. Shafer, 67, has had ITDM since                  nonproliferative diabetic retinopathy.
                                                  impaired cognitive function that                        2016. His endocrinologist examined him                He holds an operator’s license from New
                                                  occurred without warning in the past 12                 in 2016 and certified that he has had no              York.
                                                  months and no recurrent (2 or more)                     severe hypoglycemic reactions resulting               Terry J. Southards
                                                  severe hypoglycemic episodes in the                     in loss of consciousness, requiring the
                                                  last 5 years. His endocrinologist certifies                                                                     Mr. Southards, 59, has had ITDM
                                                                                                          assistance of another person, or                      since 2015. His endocrinologist
                                                  that Mr. Sarmiento understands diabetes                 resulting in impaired cognitive function
                                                  management and monitoring, has stable                                                                         examined him in 2016 and certified that
                                                                                                          that occurred without warning in the                  he has had no severe hypoglycemic
                                                  control of his diabetes using insulin,                  past 12 months and no recurrent (2 or
                                                  and is able to drive a CMV safely. Mr.                                                                        reactions resulting in loss of
                                                                                                          more) severe hypoglycemic episodes in                 consciousness, requiring the assistance
                                                  Sarmiento meets the requirements of the                 the last 5 years. His endocrinologist
                                                  vision standard at 49 CFR 391.41(b)(10).                                                                      of another person, or resulting in
                                                                                                          certifies that Mr. Shafer understands                 impaired cognitive function that
                                                  His optometrist examined him in 2016                    diabetes management and monitoring,                   occurred without warning in the past 12
                                                  and certified that he does not have                     has stable control of his diabetes using              months and no recurrent (2 or more)
                                                  diabetic retinopathy. He holds an                       insulin, and is able to drive a CMV                   severe hypoglycemic episodes in the
                                                  operator’s license from Montana.                        safely. Mr. Shafer meets the                          last 5 years. His endocrinologist certifies
                                                  Michael G. Schleining                                   requirements of the vision standard at                that Mr. Southards understands diabetes
                                                                                                          49 CFR 391.41(b)(10). His optometrist                 management and monitoring, has stable
                                                    Mr. Schleining, 54, has had ITDM                      examined him in 2016 and certified that               control of his diabetes using insulin,
                                                  since 2013. His endocrinologist                         he does not have diabetic retinopathy.                and is able to drive a CMV safely. Mr.
                                                  examined him in 2016 and certified that                 He holds a Class A CDL from South                     Southards meets the requirements of the
                                                  he has had no severe hypoglycemic                       Dakota.                                               vision standard at 49 CFR 391.41(b)(10).
                                                  reactions resulting in loss of                          Francisco Simental, Jr.                               His optometrist examined him in 2016
                                                  consciousness, requiring the assistance                                                                       and certified that he does not have
                                                  of another person, or resulting in                        Mr. Simental, 41, has had ITDM since                diabetic retinopathy. He holds a Class A
                                                  impaired cognitive function that                        2012. His endocrinologist examined him                CDL from Kansas.
                                                  occurred without warning in the past 12                 in 2016 and certified that he has had no
                                                                                                          severe hypoglycemic reactions resulting               Timothy T. Stanton
                                                  months and no recurrent (2 or more)
                                                  severe hypoglycemic episodes in the                     in loss of consciousness, requiring the                 Mr. Stanton, 47, has had ITDM since
                                                  last 5 years. His endocrinologist certifies             assistance of another person, or                      2014. His endocrinologist examined him
                                                  that Mr. Schleining understands                         resulting in impaired cognitive function              in 2016 and certified that he has had no
                                                  diabetes management and monitoring,                     that occurred without warning in the                  severe hypoglycemic reactions resulting
                                                  has stable control of his diabetes using                past 12 months and no recurrent (2 or                 in loss of consciousness, requiring the
                                                  insulin, and is able to drive a CMV                     more) severe hypoglycemic episodes in                 assistance of another person, or
                                                  safely. Mr. Schleining meets the                        the last 5 years. His endocrinologist                 resulting in impaired cognitive function
                                                  requirements of the vision standard at                  certifies that Mr. Simental understands               that occurred without warning in the
                                                  49 CFR 391.41(b)(10). His                               diabetes management and monitoring,                   past 12 months and no recurrent (2 or
                                                  ophthalmologist examined him in 2016                    has stable control of his diabetes using              more) severe hypoglycemic episodes in
                                                  and certified that he has stable                        insulin, and is able to drive a CMV                   the last 5 years. His endocrinologist
                                                  nonproliferative diabetic retinopathy.                  safely. Mr. Simental meets the                        certifies that Mr. Stanton understands
                                                  He holds a Class A CDL from                             requirements of the vision standard at                diabetes management and monitoring,
                                                  Washington.                                             49 CFR 391.41(b)(10). His                             has stable control of his diabetes using
                                                                                                          ophthalmologist examined him in 2016                  insulin, and is able to drive a CMV
                                                  Ryan A. Scopino                                         and certified that he has stable                      safely. Mr. Stanton meets the
                                                                                                          nonproliferative diabetic retinopathy.                requirements of the vision standard at
                                                    Mr. Scopino, 23, has had ITDM since                   He holds a Class A CDL from Texas.                    49 CFR 391.41(b)(10). His optometrist
                                                  2014. His endocrinologist examined him                                                                        examined him in 2016 and certified that
                                                  in 2016 and certified that he has had no                Ronald C. Snide
                                                                                                                                                                he does not have diabetic retinopathy.
                                                  severe hypoglycemic reactions resulting                   Mr. Snide, 29, has had ITDM since                   He holds an operator’s license from
                                                  in loss of consciousness, requiring the                 2003. His endocrinologist examined him                Minnesota.
                                                  assistance of another person, or                        in 2016 and certified that he has had no
                                                  resulting in impaired cognitive function                severe hypoglycemic reactions resulting               Eric W. Thomason
                                                  that occurred without warning in the                    in loss of consciousness, requiring the                 Mr. Thomason, 44, has had ITDM
                                                  past 12 months and no recurrent (2 or                   assistance of another person, or                      since 2012. His endocrinologist
                                                  more) severe hypoglycemic episodes in                   resulting in impaired cognitive function              examined him in 2016 and certified that
                                                  the last 5 years. His endocrinologist                   that occurred without warning in the                  he has had no severe hypoglycemic
                                                  certifies that Mr. Scopino understands                  past 12 months and no recurrent (2 or                 reactions resulting in loss of
                                                  diabetes management and monitoring,                     more) severe hypoglycemic episodes in                 consciousness, requiring the assistance
                                                  has stable control of his diabetes using                the last 5 years. His endocrinologist                 of another person, or resulting in
                                                  insulin, and is able to drive a CMV                     certifies that Mr. Snide understands                  impaired cognitive function that
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                                                  safely. Mr. Scopino meets the                           diabetes management and monitoring,                   occurred without warning in the past 12
                                                  requirements of the vision standard at                  has stable control of his diabetes using              months and no recurrent (2 or more)
                                                  49 CFR 391.41(b)(10). His optometrist                   insulin, and is able to drive a CMV                   severe hypoglycemic episodes in the
                                                  examined him in 2016 and certified that                 safely. Mr. Snide meets the                           last 5 years. His endocrinologist certifies
                                                  he does not have diabetic retinopathy.                  requirements of the vision standard at                that Mr. Thomason understands
                                                  He holds an operator’s license from                     49 CFR 391.41(b)(10). His                             diabetes management and monitoring,
                                                  Maine.                                                  ophthalmologist examined him in 2016                  has stable control of his diabetes using


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                                                                                Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices                                                      52511

                                                  insulin, and is able to drive a CMV                     the last 5 years. His endocrinologist                 impaired cognitive function that
                                                  safely. Mr. Thomason meets the                          certifies that Mr. Wallace understands                occurred without warning in the past 12
                                                  requirements of the vision standard at                  diabetes management and monitoring,                   months and no recurrent (2 or more)
                                                  49 CFR 391.41(b)(10). His optometrist                   has stable control of his diabetes using              severe hypoglycemic episodes in the
                                                  examined him in 2016 and certified that                 insulin, and is able to drive a CMV                   last 5 years. His endocrinologist certifies
                                                  he does not have diabetic retinopathy.                  safely. Mr. Wallace meets the                         that Mr. Zamarche understands diabetes
                                                  He holds a Class A CDL from Kansas.                     requirements of the vision standard at                management and monitoring, has stable
                                                                                                          49 CFR 391.41(b)(10). His optometrist                 control of his diabetes using insulin,
                                                  Grady R. Thompson
                                                                                                          examined him in 2016 and certified that               and is able to drive a CMV safely. Mr.
                                                    Mr. Thompson, 34, has had ITDM                        he does not have diabetic retinopathy.                Zamarche meets the requirements of the
                                                  since 1992. His endocrinologist                         He holds an operator’s license from                   vision standard at 49 CFR 391.41(b)(10).
                                                  examined him in 2016 and certified that                 Massachusetts.                                        His optometrist examined him in 2016
                                                  he has had no severe hypoglycemic                                                                             and certified that he does not have
                                                  reactions resulting in loss of                          Randy R. Wallace
                                                                                                                                                                diabetic retinopathy. He holds an
                                                  consciousness, requiring the assistance                   Mr. Wallace, 56, has had ITDM since                 operator’s license from Utah.
                                                  of another person, or resulting in                      2010. His endocrinologist examined him
                                                  impaired cognitive function that                        in 2016 and certified that he has had no              III. Request for Comments
                                                  occurred without warning in the past 12                 severe hypoglycemic reactions resulting                  In accordance with 49 U.S.C. 31136(e)
                                                  months and no recurrent (2 or more)                     in loss of consciousness, requiring the               and 31315, FMCSA requests public
                                                  severe hypoglycemic episodes in the                     assistance of another person, or                      comment from all interested persons on
                                                  last 5 years. His endocrinologist certifies             resulting in impaired cognitive function              the exemption petitions described in
                                                  that Mr. Thompson understands                           that occurred without warning in the                  this notice. We will consider all
                                                  diabetes management and monitoring,                     past 12 months and no recurrent (2 or                 comments received before the close of
                                                  has stable control of his diabetes using                more) severe hypoglycemic episodes in                 business on the closing date indicated
                                                  insulin, and is able to drive a CMV                     the last 5 years. His endocrinologist                 in the date section of the notice.
                                                  safely. Mr. Thompson meets the                          certifies that Mr. Wallace understands                   FMCSA notes that section 4129 of the
                                                  requirements of the vision standard at                  diabetes management and monitoring,                   Safe, Accountable, Flexible and
                                                  49 CFR 391.41(b)(10). His                               has stable control of his diabetes using              Efficient Transportation Equity Act: A
                                                  ophthalmologist examined him in 2016                    insulin, and is able to drive a CMV                   Legacy for Users requires the Secretary
                                                  and certified that he has stable                        safely. Mr. Wallace meets the                         to revise its diabetes exemption program
                                                  nonproliferative diabetic retinopathy.                  requirements of the vision standard at                established on September 3, 2003 (68 FR
                                                  He holds an operator’s license from                     49 CFR 391.41(b)(10). His                             52441) 1. The revision must provide for
                                                  Oklahoma.                                               ophthalmologist examined him in 2016                  individual assessment of drivers with
                                                                                                          and certified that he does not have                   diabetes mellitus, and be consistent
                                                  Glenn M. Turley                                                                                               with the criteria described in section
                                                                                                          diabetic retinopathy. He holds an
                                                    Mr. Turley, 63, has had ITDM since                    operator’s license from Missouri.                     4018 of the Transportation Equity Act
                                                  2009. His endocrinologist examined him                                                                        for the 21st Century (49 U.S.C. 31305).
                                                  in 2016 and certified that he has had no                Merle L. Weyer                                           Section 4129 requires: (1) Elimination
                                                  severe hypoglycemic reactions resulting                   Mr. Weyer, 42, has had ITDM since                   of the requirement for 3 years of
                                                  in loss of consciousness, requiring the                 2012. His endocrinologist examined him                experience operating CMVs while being
                                                  assistance of another person, or                        in 2016 and certified that he has had no              treated with insulin; and (2)
                                                  resulting in impaired cognitive function                severe hypoglycemic reactions resulting               establishment of a specified minimum
                                                  that occurred without warning in the                    in loss of consciousness, requiring the               period of insulin use to demonstrate
                                                  past 12 months and no recurrent (2 or                   assistance of another person, or                      stable control of diabetes before being
                                                  more) severe hypoglycemic episodes in                   resulting in impaired cognitive function              allowed to operate a CMV.
                                                  the last 5 years. His endocrinologist                   that occurred without warning in the                     In response to section 4129, FMCSA
                                                  certifies that Mr. Turley understands                   past 12 months and no recurrent (2 or                 made immediate revisions to the
                                                  diabetes management and monitoring,                     more) severe hypoglycemic episodes in                 diabetes exemption program established
                                                  has stable control of his diabetes using                the last 5 years. His endocrinologist                 by the September 3, 2003 notice.
                                                  insulin, and is able to drive a CMV                     certifies that Mr. Weyer understands                  FMCSA discontinued use of the 3-year
                                                  safely. Mr. Turley meets the                            diabetes management and monitoring,                   driving experience and fulfilled the
                                                  requirements of the vision standard at                  has stable control of his diabetes using              requirements of section 4129 while
                                                  49 CFR 391.41(b)(10). His optometrist                   insulin, and is able to drive a CMV                   continuing to ensure that operation of
                                                  examined him in 2016 and certified that                 safely. Mr. Weyer meets the                           CMVs by drivers with ITDM will
                                                  he does not have diabetic retinopathy.                  requirements of the vision standard at                achieve the requisite level of safety
                                                  He holds a Class A CDL from West                        49 CFR 391.41(b)(10). His optometrist                 required of all exemptions granted
                                                  Virginia.                                               examined him in 2016 and certified that               under 49 U.S.C. 31136(e).
                                                                                                          he does not have diabetic retinopathy.                   Section 4129(d) also directed FMCSA
                                                  John V. Wallace                                                                                               to ensure that drivers of CMVs with
                                                                                                          He holds a Class A CDL from South
                                                    Mr. Wallace, 47, has had ITDM since                   Dakota.                                               ITDM are not held to a higher standard
                                                  2006. His endocrinologist examined him                                                                        than other drivers, with the exception of
                                                  in 2016 and certified that he has had no                Norman D. Zamarche                                    limited operating, monitoring and
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                                                  severe hypoglycemic reactions resulting                   Mr. Zamarche, 55, has had ITDM                      medical requirements that are deemed
                                                  in loss of consciousness, requiring the                 since 2012. His endocrinologist                       medically necessary.
                                                  assistance of another person, or                        examined him in 2016 and certified that
                                                                                                                                                                   1 Section 4129(a) refers to the 2003 notice as a
                                                  resulting in impaired cognitive function                he has had no severe hypoglycemic
                                                                                                                                                                ‘‘final rule.’’ However, the 2003 notice did not issue
                                                  that occurred without warning in the                    reactions resulting in loss of                        a ‘‘final rule’’ but did establish the procedures and
                                                  past 12 months and no recurrent (2 or                   consciousness, requiring the assistance               standards for issuing exemptions for drivers with
                                                  more) severe hypoglycemic episodes in                   of another person, or resulting in                    ITDM.



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                                                  52512                         Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices

                                                    The FMCSA concluded that all of the                   DEPARTMENT OF TRANSPORTATION                          a.m. and 5 p.m., Monday through
                                                  operating, monitoring and medical                                                                             Friday, except Federal holidays. The
                                                  requirements set out in the September 3,                Federal Motor Carrier Safety                          FDMS is available 24 hours each day,
                                                  2003 notice, except as modified, were in                Administration                                        365 days each year. If you want
                                                  compliance with section 4129(d).                                                                              acknowledgment that we received your
                                                                                                          [Docket No. FMCSA–2016–0175]
                                                  Therefore, all of the requirements set                                                                        comments, please include a self-
                                                  out in the September 3, 2003 notice,                    Qualification of Drivers; Exemption                   addressed, stamped envelope or
                                                  except as modified by the notice in the                 Applications; Implantable Cardioverter                postcard or print the acknowledgement
                                                  Federal Register on November 8, 2005                    Defibrillators                                        page that appears after submitting
                                                                                                                                                                comments online.
                                                  (70 FR 67777), remain in effect.
                                                                                                          AGENCY: Federal Motor Carrier Safety                     Privacy Act: In accordance with 5
                                                  IV. Submitting Comments                                 Administration (FMCSA), DOT.                          U.S.C. 553(c), DOT solicits comments
                                                                                                          ACTION: Notice of applications for                    from the public to better inform its
                                                     You may submit your comments and                     exemption; request for comments.                      rulemaking process. DOT posts these
                                                  material online or by fax, mail, or hand                                                                      comments, without edit, including any
                                                  delivery, but please use only one of                    SUMMARY:    FMCSA announces receipt of                personal information the commenter
                                                  these means. FMCSA recommends that                      applications from eleven individuals for              provides, to http://www.regulations.gov,
                                                  you include your name and a mailing                     exemptions from the rules prohibiting                 as described in the system records
                                                  address, an email address, or a phone                   operation of a commercial motor vehicle               notice (DOT/ALL–14 FDMS), which can
                                                  number in the body of your document                     (CMV) by persons with a current                       be reviewed at http://www.dot.gov/
                                                  so that FMCSA can contact you if there                  clinical diagnosis of myocardial                      privacy.
                                                  are questions regarding your                            infarction, angina pectoris, coronary                 FOR FURTHER INFORMATION CONTACT:
                                                  submission.                                             insufficiency, thrombosis, or any other               Christine A. Hydock, Chief, Medical
                                                                                                          cardiovascular disease of a variety                   Programs Division, (202) 366–4001,
                                                     To submit your comment online, go to
                                                                                                          known to be accompanied by syncope,                   fmcsamedical@dot.gov, FMCSA,
                                                  http://www.regulations.gov and in the                   dyspnea, collapse, or congestive heart
                                                  search box insert the docket number                                                                           Department of Transportation, 1200
                                                                                                          failure. If granted, the exemptions                   New Jersey Avenue SE., Room W64–
                                                  FMCSA–2016–0218 and click the search                    would enable these individuals to                     113, Washington, DC 20590–0001.
                                                  button. When the new screen appears,                    operate CMVs for up to two years in                   Office hours are from 8:30 a.m. to 5
                                                  click on the blue ‘‘Comment Now!’’                      interstate commerce.                                  p.m., e.t., Monday through Friday,
                                                  button on the right hand side of the                    DATES: Comments must be received on                   except Federal holidays.
                                                  page. On the new page, enter                            or before September 7, 2016.
                                                  information required including the                                                                            I. Background
                                                                                                          ADDRESSES: You may submit comments
                                                  specific section of this document to                                                                             Under 49 U.S.C. 31136(e) and 31315,
                                                                                                          bearing the Federal Docket Management
                                                  which each comment applies, and                         System (FDMS) Docket ID FMCSA–                        FMCSA may grant an exemption from
                                                  provide a reason for each suggestion or                                                                       the Federal Motor Carrier Safety
                                                                                                          2016–0175 using any of the following
                                                  recommendation. If you submit your                                                                            Regulations (FMCSRs) for a two-year
                                                                                                          methods:
                                                  comments by mail or hand delivery,                                                                            period if it finds ‘‘such exemption
                                                                                                             • Federal eRulemaking Portal: Go to
                                                  submit them in an unbound format, no                                                                          would likely achieve a level of safety
                                                                                                          www.regulations.gov. Follow the online
                                                  larger than 81⁄2 by 11 inches, suitable for                                                                   that is equivalent to or greater than the
                                                                                                          instructions for submitting comments.
                                                                                                                                                                level that would be achieved absent
                                                  copying and electronic filing. If you                      • Mail: Docket Management Facility;
                                                  submit comments by mail and would                                                                             such exemption.’’ The statute also
                                                                                                          U.S. Department of Transportation, 1200
                                                  like to know that they reached the                                                                            allows the Agency to renew exemptions
                                                                                                          New Jersey Avenue SE., West Building
                                                  facility, please enclose a stamped, self-                                                                     at the end of the two-year period. The
                                                                                                          Ground Floor, Room W12–140,
                                                  addressed postcard or envelope.                                                                               eleven individuals listed in this notice
                                                                                                          Washington, DC 20590–0001.
                                                                                                                                                                have requested an exemption from 49
                                                     We will consider all comments and                       • Hand Delivery or Courier: West
                                                                                                                                                                CFR 391.41(b)(4), which applies to
                                                  material received during the comment                    Building Ground Floor, Room W12–140,
                                                                                                                                                                drivers who operates CMVs in interstate
                                                  period. FMCSA may issue a final                         1200 New Jersey Avenue SE.,
                                                                                                                                                                commerce. Accordingly, the Agency
                                                  determination at any time after the close               Washington, DC, between 9 a.m. and 5
                                                                                                                                                                will evaluate the qualifications of each
                                                  of the comment period.                                  p.m., Monday through Friday, except
                                                                                                                                                                applicant to determine whether granting
                                                                                                          Federal Holidays.
                                                                                                                                                                the exemption will achieve the required
                                                  V. Viewing Comments and Documents                          • Fax: 1–202–493–2251.
                                                                                                                                                                level of safety mandated by statute.
                                                                                                             Instructions: Each submission must                    The physical qualification standard
                                                    To view comments, as well as any                      include the Agency name and the
                                                  documents mentioned in this preamble,                                                                         found in 49 CFR 391.41(b)(4) states that
                                                                                                          docket ID for this Notice. Note that all              a person is physically qualified to drive
                                                  go to http://www.regulations.gov and in                 comments received will be posted
                                                  the search box insert the docket number                                                                       a CMV if that person
                                                                                                          without change to http://
                                                  FMCSA–2016–0218 and click ‘‘Search.’’                   www.regulations.gov, including any                       Has no current clinical diagnosis of
                                                  Next, click ‘‘Open Docket Folder’’ and                                                                        myocardial infarction, angina pectoris,
                                                                                                          personal information provided. Please
                                                                                                                                                                coronary insufficiency, thrombosis, or any
                                                  you will find all documents and                         see the Privacy Act heading below for                 other cardiovascular disease of a variety
                                                  comments related to this notice.                        further information.
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                                                                                                                                                                known to be accompanied by syncope,
                                                    Issued on: July 27, 2016.                                Docket: For access to the docket to                dyspnea, collapse, or congestive cardiac
                                                                                                          read background documents or                          failure.
                                                  Larry W. Minor,
                                                                                                          comments, go to http://                                 In addition to the regulations, FMCSA
                                                  Associate Administrator for Policy.                     www.regulations.gov, at any time or                   has published advisory criteria 1 to
                                                  [FR Doc. 2016–18734 Filed 8–5–16; 8:45 am]              Room W12–140 on the ground level of
                                                  BILLING CODE 4910–EX–P                                  the West Building, 1200 New Jersey                      1 See http://www.ecfr.gov/cgi-bin/text-idx?SID=

                                                                                                          Avenue SE., Washington, DC, between 9                 e47b48a9ea42dd67d999246e23d97



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Document Created: 2016-08-06 03:08:17
Document Modified: 2016-08-06 03:08:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of applications for exemptions; request for comments.
DatesComments must be received on or before September 7, 2016.
ContactChristine 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 Citation81 FR 52505 

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