81 FR 59718 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 168 (August 30, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 168 (August 30, 2016)
| Page Range | 59718-59723 | |
| FR Document | 2016-20777 |
[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)] [Notices] [Pages 59718-59723] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20777] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0219] Qualification of Drivers; Exemption Applications; Diabetes Mellitus AGENCY: Federal Motor Carrier Safety Administration (FMCSA). ACTION: Notice of applications for exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from 37 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 29, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2016-0219 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket numbers for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want 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 37 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 Scott G. Barr Mr. Barr, 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. Barr understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Barr 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 Florida. John L. Bauers Mr. Bauers, 56, has had ITDM since 2001. 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. Bauers understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Bauers 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 Nebraska. Robert J. Borgese Mr. Borgese, 68, 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. Borgese understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Borgese 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 Jersey. Rodger L. Bratton Mr. Bratton, 68, has had ITDM since 2015. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting [[Page 59719]] 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. Bratton understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Bratton 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 Louisiana. John T. Brecken Mr. Brecken, 66, 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. Brecken understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Brecken 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 CDL from Michigan. Ross L. Christenson Mr. Christenson, 72, 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. Christenson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Christenson 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. Daniel B. Cox Mr. Cox, 50, 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. Cox understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Cox 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 Washington. Raymond Davila, Jr. Mr. Davila, 42, 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. Davila understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Davila 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 proliferative diabetic retinopathy. He holds a Class A CDL from New Jersey. Craig W. Dennis Mr. Dennis, 57, 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. Dennis understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Dennis 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 Minnesota. Lawrence M. Duffy, III Mr. Duffy, 68, 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. Duffy understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Duffy 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. Douglas Endicott Mr. Endicott, 71, 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. Endicott understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Endicott 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 Virginia. Carmine Ferraro Mr. Ferraro, 57, 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. Ferraro understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Ferraro meets the requirements of the vision standard at [[Page 59720]] 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 Connecticut. Thomas P. Fogerty Mr. Fogerty, 58, 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. Fogerty understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Fogerty 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 Massachusetts. M.A. Gandolfo, Jr. Mr. Gandolfo, 43, 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. Gandolfo understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Gandolfo 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 New York. Merlyn C. Gerdes Mr. Gerdes, 58, has had ITDM since 1987. 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. Gerdes understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Gerdes 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 Iowa. Fabian Guerrero-Rodriguez Mr. Guerrero-Rodriguez, 29, 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. Guerrero-Rodriguez understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Guerrero-Rodriguez 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 Nevada. Loren T. Hall Mr. Hall, 49, 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. Hall understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hall 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 New York. Mark A. Hersh Mr. Hersh, 50, 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. Hersh understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hersh 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 Pennsylvania. James C. Holcomb Mr. Holcomb, 43, has had ITDM since 1986. 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. Holcomb understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Holcomb 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 Louisiana. Eric E. Humphrey Mr. Humphrey, 54, 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. Humphrey understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Humphrey 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. Troy M. Keller Mr. Keller, 46, 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 [[Page 59721]] past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Keller understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Keller 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. Ronald C. Kolb Mr. Kolb, 63, 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. Kolb understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Kolb 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 Montana. Robert J. Lockwood Mr. Lockwood, 55, 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. Lockwood understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Lockwood 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 Connecticut. Kenneth R. Logan, Sr. Mr. Logan, 61, 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. Logan understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Logan 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 B CDL from Illinois. Adam W. Martin Mr. Martin, 29, has had ITDM since 1994. 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. Martin understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Martin 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 Michigan. Michael L. Mitchell Mr. Mitchell, 43, 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. Mitchell understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Mitchell 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 Iowa. Clarence H. Mitchell 3rd Mr. Mitchell, 52, 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. Mitchell understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Mitchell 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. Lucas J. Preston Mr. Preston, 23, has had ITDM since 1998. 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. Preston understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Preston 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 North Dakota. William B. L. Robinson Mr. Robinson, 28, has had ITDM since 1989. 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. Robinson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Robinson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that [[Page 59722]] he does not have diabetic retinopathy. He holds an operator's license from Arkansas. Michael T. Salsedo Mr. Salsedo, 60, 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. Salsedo understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Salsedo 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 Hawaii. F. Marino M. Sanchez Mr. Sanchez, 53, 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. Sanchez understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Sanchez 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 B CDL from New York. Andrew D. Sanford Mr. Sanford, 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. Sanford understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Sanford 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 proliferative diabetic retinopathy. He holds an operator's license from Tennessee. Jeffery J. Stricherz Mr. Stricherz, 57, has had ITDM since 1973. 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. Stricherz understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Stricherz 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. Michael A. Taylor Mr. Taylor, 60, 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. Taylor understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Taylor 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 Connecticut. Jerry W. Thomas Mr. Thomas, 65, 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. Thomas understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Thomas 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 North Carolina. Ray E. Vaughan Mr. Vaughan, 77, 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. Vaughan understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Vaughan 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 B CDL from Minnesota. Ronald L. Yeager Mr. Yeager, 73, 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. Yeager understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Yeager 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. 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. [[Page 59723]] 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. 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-2016-0219 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-2016-0219 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: August 19, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-20777 Filed 8-29-16; 8:45 am] BILLING CODE 4910-EX-P
![59718 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Notices
and best practices collected through this comments, go to http:// resulting in impaired cognitive function
public notice and comment process. www.regulations.gov at any time or that occurred without warning in the
Issued on: August 22, 2016. Room W12–140 on the ground level of past 12 months and no recurrent (2 or
Gregory G. Nadeau,
the West Building, 1200 New Jersey more) severe hypoglycemic episodes in
Avenue SE., Washington, DC, between 9 the last 5 years. His endocrinologist
Administrator, Federal Highway
a.m. and 5 p.m., Monday through certifies that Mr. Barr understands
Administration.
Friday, except Federal holidays. The diabetes management and monitoring,
[FR Doc. 2016–20814 Filed 8–29–16; 8:45 am]
Federal Docket Management System has stable control of his diabetes using
BILLING CODE 4910–22–P
(FDMS) is available 24 hours each day, insulin, and is able to drive a CMV
365 days each year. If you want safely. Mr. Barr meets the requirements
acknowledgment that we received your of the vision standard at 49 CFR
DEPARTMENT OF TRANSPORTATION
comments, please include a self- 391.41(b)(10). His optometrist examined
Federal Motor Carrier Safety addressed, stamped envelope or him in 2016 and certified that he does
Administration postcard or print the acknowledgement not have diabetic retinopathy. He holds
page that appears after submitting an operator’s license from Florida.
[Docket No. FMCSA–2016–0219] comments on-line. John L. Bauers
Privacy Act: In accordance with 5
Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments Mr. Bauers, 56, has had ITDM since
Applications; Diabetes Mellitus from the public to better inform its 2001. His endocrinologist examined him
AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these in 2016 and certified that he has had no
Administration (FMCSA). comments, without edit, including any severe hypoglycemic reactions resulting
personal information the commenter in loss of consciousness, requiring the
ACTION: Notice of applications for
provides, to www.regulations.gov, as assistance of another person, or
exemptions; request for comments. resulting in impaired cognitive function
described in the system of records
SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can that occurred without warning in the
applications from 37 individuals for be reviewed at www.dot.gov/privacy. past 12 months and no recurrent (2 or
exemption from the prohibition against FOR FURTHER INFORMATION CONTACT:
more) severe hypoglycemic episodes in
persons with insulin-treated diabetes Christine A. Hydock, Chief, Medical the last 5 years. His endocrinologist
mellitus (ITDM) operating commercial Programs Division, (202) 366–4001, certifies that Mr. Bauers understands
motor vehicles (CMVs) in interstate fmcsamedical@dot.gov, FMCSA, diabetes management and monitoring,
commerce. If granted, the exemptions Department of Transportation, 1200 has stable control of his diabetes using
would enable these individuals with New Jersey Avenue SE., Room W64– insulin, and is able to drive a CMV
ITDM to operate CMVs in interstate 113, Washington, DC 20590–0001. safely. Mr. Bauers meets the
commerce. Office hours are 8:30 a.m. to 5 p.m., e.t., requirements of the vision standard at
Monday through Friday, except Federal 49 CFR 391.41(b)(10). His
DATES: Comments must be received on ophthalmologist examined him in 2016
or before September 29, 2016. holidays.
and certified that he has stable
ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION:
nonproliferative diabetic retinopathy.
bearing the Federal Docket Management I. Background He holds a Class A CDL from Nebraska.
System (FDMS) Docket No. FMCSA–
Under 49 U.S.C. 31136(e) and 31315, Robert J. Borgese
2016–0219 using any of the following
FMCSA may grant an exemption from
methods: Mr. Borgese, 68, has had ITDM since
• Federal eRulemaking Portal: Go to the Federal Motor Carrier Safety
2014. His endocrinologist examined him
http://www.regulations.gov. Follow the Regulations for a 2-year period if it finds
in 2016 and certified that he has had no
on-line instructions for submitting ‘‘such exemption would likely achieve a
severe hypoglycemic reactions resulting
comments. level of safety that is equivalent to or
in loss of consciousness, requiring the
• Mail: Docket Management Facility; greater than the level that would be
assistance of another person, or
U.S. Department of Transportation, 1200 achieved absent such exemption.’’ The
resulting in impaired cognitive function
New Jersey Avenue SE., West Building statute also allows the Agency to renew
that occurred without warning in the
Ground Floor, Room W12–140, exemptions at the end of the 2-year
past 12 months and no recurrent (2 or
Washington, DC 20590–0001. period. The 37 individuals listed in this
more) severe hypoglycemic episodes in
• Hand Delivery: West Building notice have recently requested such an
the last 5 years. His endocrinologist
Ground Floor, Room W12–140, 1200 exemption from the diabetes prohibition
certifies that Mr. Borgese understands
New Jersey Avenue SE., Washington, in 49 CFR 391.41(b) (3), which applies
diabetes management and monitoring,
DC, between 9 a.m. and 5 p.m., Monday to drivers of CMVs in interstate
has stable control of his diabetes using
through Friday, except Federal commerce. Accordingly, the Agency
insulin, and is able to drive a CMV
Holidays. will evaluate the qualifications of each
safely. Mr. Borgese meets the
• Fax: 1–202–493–2251. applicant to determine whether granting
requirements of the vision standard at
Instructions: Each submission must the exemption will achieve the required
49 CFR 391.41(b)(10). His optometrist
include the Agency name and the level of safety mandated by statute.
examined him in 2016 and certified that
docket numbers for this notice. Note II. Qualifications of Applicants he does not have diabetic retinopathy.
that all comments received will be
mstockstill on DSK3G9T082PROD with NOTICES
He holds a Class B CDL from New
posted without change to http:// Scott G. Barr
Jersey.
www.regulations.gov, including any Mr. Barr, 47, has had ITDM since
personal information provided. Please 2014. His endocrinologist examined him Rodger L. Bratton
see the Privacy Act heading below for in 2016 and certified that he has had no Mr. Bratton, 68, has had ITDM since
further information. severe hypoglycemic reactions resulting 2015. His endocrinologist examined him
Docket: For access to the docket to in loss of consciousness, requiring the in 2016 and certified that he has had no
read background documents or assistance of another person, or severe hypoglycemic reactions resulting
VerDate Sep<11>2014 20:04 Aug 29, 2016 Jkt 238001 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\30AUN1.SGM 30AUN1](https://thefederalregister.org/doc/81_FR_59886/page/1.svg)
![Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Notices 59723
FMCSA notes that section 4129 of the FMCSA–2016–0219 and click the search Department of Transportation, 1200
Safe, Accountable, Flexible and button. When the new screen appears, New Jersey Avenue SE., Room W64–
Efficient Transportation Equity Act: A click on the blue ‘‘Comment Now!’’ 113, Washington, DC 20590–0001.
Legacy for Users requires the Secretary button on the right hand side of the Office hours are from 8:30 a.m. to 5 p.m.
to revise its diabetes exemption program page. On the new page, enter e.t., Monday through Friday, except
established on September 3, 2003 (68 FR information required including the Federal holidays.
52441).1 The revision must provide for specific section of this document to SUPPLEMENTARY INFORMATION:
individual assessment of drivers with which each comment applies, and
diabetes mellitus, and be consistent provide a reason for each suggestion or I. Electronic Access
with the criteria described in section recommendation. If you submit your You may see all the comments online
4018 of the Transportation Equity Act comments by mail or hand delivery, through the Federal Document
for the 21st Century (49 U.S.C. 31305). submit them in an unbound format, no Management System (FDMS) at: http://
Section 4129 requires: (1) Elimination larger than 81⁄2 by 11 inches, suitable for www.regulations.gov.
of the requirement for 3 years of copying and electronic filing. If you Docket: For access to the docket to
experience operating CMVs while being submit comments by mail and would read background documents or
treated with insulin; and (2) like to know that they reached the comments, go to http://
establishment of a specified minimum facility, please enclose a stamped, self- www.regulations.gov and/or Room
period of insulin use to demonstrate addressed postcard or envelope. W12–140 on the ground level of the
stable control of diabetes before being We will consider all comments and West Building, 1200 New Jersey Avenue
allowed to operate a CMV. material received during the comment SE., Washington, DC, between 9 a.m.
In response to section 4129, FMCSA period. FMCSA may issue a final and 5 p.m., Monday through Friday,
made immediate revisions to the determination at any time after the close except Federal holidays.
diabetes exemption program established of the comment period. Privacy Act: In accordance with 5
by the September 3, 2003 notice. U.S.C. 553(c), DOT solicits comments
FMCSA discontinued use of the 3-year V. Viewing Comments and Documents from the public to better inform its
driving experience and fulfilled the To view comments, as well as any rulemaking process. DOT posts these
requirements of section 4129 while documents mentioned in this preamble, comments, without edit, including any
continuing to ensure that operation of go to http://www.regulations.gov and in personal information the commenter
CMVs by drivers with ITDM will the search box insert the docket number provides, to www.regulations.gov, as
achieve the requisite level of safety FMCSA–2016–0219 and click ‘‘Search.’’ described in the system of records
required of all exemptions granted Next, click ‘‘Open Docket Folder’’ and notice (DOT/ALL–14 FDMS), which can
under 49 U.S.C.. 31136 (e). you will find all documents and be reviewed at www.dot.gov/privacy.
Section 4129(d) also directed FMCSA comments related to this notice.
to ensure that drivers of CMVs with II. Background
ITDM are not held to a higher standard Issued on: August 19, 2016.
On April 25, 2016, FMCSA published
than other drivers, with the exception of Larry W. Minor, a notice of receipt of Federal diabetes
limited operating, monitoring and Associate Administrator for Policy. exemption applications from 68
medical requirements that are deemed [FR Doc. 2016–20777 Filed 8–29–16; 8:45 am] individuals and requested comments
medically necessary. BILLING CODE 4910–EX–P from the public (81 FR 24161. The
The FMCSA concluded that all of the public comment period closed on May
operating, monitoring and medical 25, 2016, and no comments were
requirements set out in the September 3, DEPARTMENT OF TRANSPORTATION received.
2003 notice, except as modified, were in FMCSA has evaluated the eligibility
compliance with section 4129(d). Federal Motor Carrier Safety of the 68 applicants and determined that
Therefore, all of the requirements set Administration granting the exemptions to these
out in the September 3, 2003 notice, [FMCSA Docket No. FMCSA–[2016–0036] individuals would achieve a level of
except as modified by the notice in the safety equivalent to or greater than the
Federal Register on November 8, 2005 Qualification of Drivers; Exemption level that would be achieved by
(70 FR 67777), remain in effect. Applications; Diabetes Mellitus complying with the current regulation
IV. Submitting Comments 49 CFR 391.41(b)(3).
AGENCY: Federal Motor Carrier Safety
You may submit your comments and Administration (FMCSA), DOT Diabetes Mellitus and Driving
material online or by fax, mail, or hand ACTION: Notice of final disposition. Experience of the Applicants
delivery, but please use only one of The Agency established the current
these means. FMCSA recommends that SUMMARY: FMCSA confirms its decision requirement for diabetes in 1970
you include your name and a mailing to exempt 68 individuals from its rule because several risk studies indicated
address, an email address, or a phone prohibiting persons with insulin-treated that drivers with diabetes had a higher
number in the body of your document diabetes mellitus (ITDM) from operating rate of crash involvement than the
so that FMCSA can contact you if there commercial motor vehicles (CMVs) in general population. The diabetes rule
are questions regarding your interstate commerce. The exemptions provides that ‘‘A person is physically
submission. enable these individuals to operate qualified to drive a commercial motor
To submit your comment online, go to CMVs in interstate commerce. vehicle if that person has no established
mstockstill on DSK3G9T082PROD with NOTICES
http://www.regulations.gov and in the DATES: The exemptions were effective medical history or clinical diagnosis of
search box insert the docket number on May 26, 2016. The exemptions diabetes mellitus currently requiring
expire on May 26, 2018. insulin for control’’ (49 CFR
1 Section 4129(a) refers to the 2003 notice as a
FOR FURTHER INFORMATION CONTACT: 391.41(b)(3)).
‘‘final rule.’’ However, the 2003 notice did not issue
a ‘‘final rule’’ but did establish the procedures and
Christine A. Hydock, Chief, Medical FMCSA established its diabetes
standards for issuing exemptions for drivers with Programs Division, (202) 366–4001, exemption program, based on the
ITDM. fmcsamedical@dot.gov, FMCSA, Agency’s July 2000 study entitled ‘‘A
VerDate Sep<11>2014 20:04 Aug 29, 2016 Jkt 238001 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\30AUN1.SGM 30AUN1](https://thefederalregister.org/doc/81_FR_59886/page/6.svg)
Document Created: 2018-02-09 11:42:00
Document Modified: 2018-02-09 11:42:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of applications for exemptions; request for comments. | |
| Dates | Comments must be received on or before September 29, 2016. | |
| Contact | Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. | |
| FR Citation | 81 FR 59718 |
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