81 FR 59726 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 168 (August 30, 2016)

Page Range		59726-59727
FR Document		2016-20782

FMCSA confirms its decision to exempt 70 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals to operate CMVs in interstate commerce.

Federal Register, Volume 81 Issue 168 (Tuesday, August 30, 2016)

[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Notices]
[Pages 59726-59727]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20782]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-[2016-0040]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT

ACTION: Notice of final disposition.

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SUMMARY: FMCSA confirms its decision to exempt 70 individuals from its 
rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) 
from operating commercial motor vehicles (CMVs) in interstate commerce. 
The exemptions enable these individuals to operate CMVs in interstate 
commerce.

DATES: The exemptions were effective on July 22, 2016. The exemptions 
expire on July 22, 2018.

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 from 8:30 a.m. to 5 p.m. 
e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

I. Electronic Access

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

II. Background

    On June 22, 2016, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from 70 individuals and requested 
comments from the public (81 FR 40746. The public comment period closed 
on July 22, 2016, and four comments were received.
    FMCSA has evaluated the eligibility of the 70 applicants and 
determined that granting the exemptions to these individuals would 
achieve a level of safety equivalent to or greater than the level that 
would be achieved by complying with the current regulation 49 CFR 
391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current requirement for diabetes in 1970 
because several risk studies indicated that drivers with diabetes had a 
higher rate of crash involvement than the general population. The 
diabetes rule provides that ``A person is physically qualified to drive 
a commercial motor vehicle if that person has no established medical 
history or clinical diagnosis of diabetes mellitus currently requiring 
insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the 
Agency's July 2000 study entitled ``A Report to Congress on the 
Feasibility of a Program to Qualify Individuals with Insulin-Treated 
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the 
Transportation Act for the 21st Century.'' The report concluded that a 
safe and practicable protocol to allow some drivers with ITDM to 
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal 
Register notice in conjunction with the November 8, 2005 (70 FR 67777), 
Federal Register notice provides the current protocol for allowing such 
drivers to operate CMVs in interstate commerce.
    These 70 applicants have had ITDM over a range of 1 to 35 years. 
These

[[Page 59727]]

applicants report no severe hypoglycemic reactions resulting in loss of 
consciousness or seizure, requiring the assistance of another person, 
or resulting in impaired cognitive function that occurred without 
warning symptoms, in the past 12 months and no recurrent (2 or more) 
severe hypoglycemic episodes in the past 5 years. In each case, an 
endocrinologist verified that the driver has demonstrated a willingness 
to properly monitor and manage his/her diabetes mellitus, received 
education related to diabetes management, and is on a stable insulin 
regimen. These drivers report no other disqualifying conditions, 
including diabetes-related complications. Each meets the vision 
requirement at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were 
stated and discussed in detail in the June 22, 2016, Federal Register 
notice and they will not be repeated in this notice.

III. Discussion of Comments

    FMCSA received 4 comments in this proceeding. Two anonymous 
commenters are in favor of granting the exemptions to all drivers 
listed in the notice. Deb Carlson stated that the state of Minnesota is 
in favor of granting the exemptions to Samuel B. Morris and Lloyd E. 
Schrunk, both of whom are drivers licensed in Minnesota. Ryan Root 
stated he is in favor of granting Zachary J.F. Kinsey an exemption. Mr. 
Root has been Mr. Kinsey's supervisor since 2013 and believes Mr. 
Kinsey properly manages his condition.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption 
is likely to achieve an equivalent or greater level of safety than 
would be achieved without the exemption. The exemption allows the 
applicants to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA 
considered medical reports about the applicants' ITDM and vision, and 
reviewed the treating endocrinologists' medical opinion related to the 
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these 
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is 
likely to achieve a level of safety equal to that existing without the 
exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption will be provided to the 
applicants in the exemption document and they include the following: 
(1) That each individual submit a quarterly monitoring checklist 
completed by the treating endocrinologist as well as an annual 
checklist with a comprehensive medical evaluation; (2) that each 
individual reports within 2 business days of occurrence, all episodes 
of severe hypoglycemia, significant complications, or inability to 
manage diabetes; also, any involvement in an accident or any other 
adverse event in a CMV or personal vehicle, whether or not it is 
related to an episode of hypoglycemia; (3) that each individual provide 
a copy of the ophthalmologist's or optometrist's report to the medical 
examiner at the time of the annual medical examination; and (4) that 
each individual provide a copy of the annual medical certification to 
the employer for retention in the driver's qualification file, or keep 
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when 
driving, for presentation to a duly authorized Federal, State, or local 
enforcement official.

VI. Conclusion

    Based upon its evaluation of the 70 exemption applications, FMCSA 
exempts the following drivers from the diabetes requirement in 49 CFR 
391.41(b)(10), subject to the requirements cited above 49 CFR 
391.64(b)):

Michael J. Andries (WI)
Appiah T. Ankrah (M)
Gregory P. Austin (CA)
David F. Banko (CO)
John T. Bardin (NY)
Joseph Berta IV (OK)
John C. Birmingham (IA)
Brett C. Brayton (IA)
Robert G. Canelo (NM)
Christoph A. Chiappa
Johnny L. Cloy Sr. (TN)
Jon W. Collett (OH)
Joel A. Cote (ME)
Donald E. Cowell (CA)
Raymond J. Crosbie (NH)
Elmer W. Danley (PA)
Kenneth Dennis Jr. (KY)
Robert D. Diefenbaugh (NE)
Ronald A. Fancelli (OH)
Eduard Fontes (IA)
William J. Gangloff (NY)
Spencer J. Gruba (ND)
Phillip K. Guidice (WA)
Darin K. Hansen (IA)
James A. Hanson (OH)
William M. Haralson (TN)
Alejandro R. Hernandez (FL)
Stephen R. Hill (PA)
James A. Hutson (NY)
Jon W. Jernigan (OK)
Denise D. Johnston (IA)
Mark A. Johnston (PA)
Zachary J.F. Kinsey (CA)
Steven J. Korb (OH)
Jongsub Lee (PA)
Ramon Lopez (TX)
David C. Love (IL)
Cody J. Makuski (WI)
John T. McEntire III (SC)
Billy J. McNealy (MI)
Carlos Medellin (TX)
Harry E. Miller (PA)
Christopher K. Moore (AZ)
Samuel B. Morris (MN)
Bryan C. Mullins (TX)
Zachary Nechi (IL)
Toriano T. Neely (AL)
Orlando Padilla (TX)
Michael P. Pattie (RI)
Tony L. Pennywell (FL)
Brian K. Porter (KY)
Oscar L. Quezada (CA)
Kenneth G. Reesman (PA)
Walter D. Richardson (MA)
Karla Robles (FL)
Tracy A. Rowland (WA)
Michael J. Russell (MA)
Jeffrey M. Sandler (CA)
Paul A. Schaus (IL)
Lloyd E. Schrunk (MN)
Evan C. Sebastian (TX)
Nyanate F. Senyon (NJ)
Burton D. Shellabarger (IA)
John M. Suttles (OH)
John R. Tupper (ID)
Thomas W. Upton (NY)
James M. Walsh (WI)
Billy J. Webb, Jr. (MS)
Steven R. Williams (MO)
James A. Yates (IA)

    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is 
valid for two years unless revoked earlier by FMCSA. The exemption will 
be revoked if the following occurs: (1) The person fails to comply with 
the terms and conditions of the exemption; (2) the exemption has 
resulted in a lower level of safety than was maintained before it was 
granted; or (3) continuation of the exemption would not be consistent 
with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the 
exemption is still effective at the end of the 2-year period, the 
person may apply to FMCSA for a renewal under procedures in effect at 
that time.

    Issued on: August 17, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-20782 Filed 8-29-16; 8:45 am]
BILLING CODE 4910-EX-P

59726 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Notices

Federal, State, or local enforcement two years unless revoked earlier by West Building, 1200 New Jersey Avenue
official. FMCSA. The exemption will be revoked SE., Washington, DC, between 9 a.m.
if the following occurs: (1) The person and 5 p.m., Monday through Friday,
VI. Conclusion
fails to comply with the terms and except Federal holidays.
Based upon its evaluation of the 57 conditions of the exemption; (2) the Privacy Act: In accordance with 5
exemption applications, FMCSA exemption has resulted in a lower level U.S.C. 553(c), DOT solicits comments
exempts the following drivers from the of safety than was maintained before it from the public to better inform its
diabetes requirement in 49 CFR was granted; or (3) continuation of the rulemaking process. DOT posts these
391.41(b)(10), subject to the exemption would not be consistent with comments, without edit, including any
requirements cited above 49 CFR the goals and objectives of 49 U.S.C. personal information the commenter
391.64(b)): 31136(e) and 31315. If the exemption is provides, to www.regulations.gov, as
David J. Ahlers (MN) still effective at the end of the 2-year described in the system of records
George M. Antonopoulos (MA) period, the person may apply to FMCSA notice (DOT/ALL–14 FDMS), which can
Louis G. Babich (NJ) for a renewal under procedures in effect be reviewed at www.dot.gov/privacy.
Scott R. Bailey (MA) at that time. II. Background
Michael J. Beaver (MN) Issued on: August 17, 2016.
Jason C. Bradley (NY) On June 22, 2016, FMCSA published
Joel P. Brown (PA) Larry W. Minor, a notice of receipt of Federal diabetes
Larry D. Brown (LA) Associate Administrator for Policy. exemption applications from 70
Garret L. Carter (MO) [FR Doc. 2016–20776 Filed 8–29–16; 8:45 am] individuals and requested comments
Christopher D. Chapman (IA) BILLING CODE 4910–EX–P from the public (81 FR 40746. The
Robert J. Chapman (OH) public comment period closed on July
Steven A. Crain (LA) 22, 2016, and four comments were
Phillip Daquila III (IL) DEPARTMENT OF TRANSPORTATION received.
Robert N. Drake (TX) FMCSA has evaluated the eligibility
Kirk A. Erickson (MN) Federal Motor Carrier Safety of the 70 applicants and determined that
Raymond E. Fisher, Jr. (PA) Administration granting the exemptions to these
Richard M. Frostig (CT) [FMCSA Docket No. FMCSA–[2016–0040] individuals would achieve a level of
Lawrence M. Gates (NY) safety equivalent to or greater than the
Alva E. Gladney (LA) Qualification of Drivers; Exemption level that would be achieved by
John J. Gonzalez (CT) Applications; Diabetes Mellitus complying with the current regulation
James M. Haight (NC) 49 CFR 391.41(b)(3).
Bradley T. Hall (AL) AGENCY: Federal Motor Carrier Safety
William C. Higgins (NC) Administration (FMCSA), DOT Diabetes Mellitus and Driving
David R. Hodge (MI) ACTION: Notice of final disposition. Experience of the Applicants
James Holman (PA) The Agency established the current
Kevin R. Holz (MN) SUMMARY: FMCSA confirms its decision requirement for diabetes in 1970
Jaemin Hwang (NY) to exempt 70 individuals from its rule because several risk studies indicated
Willis A. Jergenson (IA) prohibiting persons with insulin-treated that drivers with diabetes had a higher
Steven C. Jordan, Jr. (MD) diabetes mellitus (ITDM) from operating rate of crash involvement than the
Craig S. Kozlowski (NY) commercial motor vehicles (CMVs) in general population. The diabetes rule
Alan D. Kozy (FL) interstate commerce. The exemptions
Duane A. Leazott (MN) provides that ‘‘A person is physically
enable these individuals to operate qualified to drive a commercial motor
Mark D. Lema (CA) CMVs in interstate commerce.
Robert A. Lewis (PA) vehicle if that person has no established
DATES: The exemptions were effective medical history or clinical diagnosis of
David A. Luchansky (PA) on July 22, 2016. The exemptions expire
Jacob T. Marsee (OH) diabetes mellitus currently requiring
on July 22, 2018. insulin for control’’ (49 CFR
Richard E. Mellors (NY)
Ronald L. Mills (VA) FOR FURTHER INFORMATION CONTACT: 391.41(b)(3)).
Colton J. Nefzger (ND) Christine A. Hydock, Chief, Medical FMCSA established its diabetes
Dorian T. Papazikos (AL) Programs Division, (202) 366–4001, exemption program, based on the
Kurt A. Payne (CA) fmcsamedical@dot.gov, FMCSA, Agency’s July 2000 study entitled ‘‘A
Carson A. Penny (CA) Department of Transportation, 1200 Report to Congress on the Feasibility of
Wayne F. Pohlmeier (NE) New Jersey Avenue SE., Room W64– a Program to Qualify Individuals with
Santos R. Rodriquez, Jr. (NE) 113, Washington, DC 20590–0001. Insulin-Treated Diabetes Mellitus to
David E. Roth (MN) Office hours are from 8:30 a.m. to 5 p.m. Operate in Interstate Commerce as
Kenneth R. Schleppy (PA) e.t., Monday through Friday, except Directed by the Transportation Act for
John J. Shedlock (PA) Federal holidays. the 21st Century.’’ The report concluded
Jonathan W. Simoneau (NH) SUPPLEMENTARY INFORMATION: that a safe and practicable protocol to
Kenneth R. Stephenson (TX) allow some drivers with ITDM to
Jeffrey S. Toler (IN) I. Electronic Access operate CMVs is feasible. The
Herbert L. Turner (FL) You may see all the comments online September 3, 2003 (68 FR 52441),
Louis D. Valente (MA) through the Federal Document Federal Register notice in conjunction
mstockstill on DSK3G9T082PROD with NOTICES

Robert L. Westergaard (NJ) Management System (FDMS) at: http:// with the November 8, 2005 (70 FR
Mark A. Williams (IN) www.regulations.gov. 67777), Federal Register notice provides
Douglas J. Wood (KY) Docket: For access to the docket to the current protocol for allowing such
Robert A. Yerges (WI) read background documents or drivers to operate CMVs in interstate
Kyle S. Yount (KY) comments, go to http:// commerce.
In accordance with 49 U.S.C. 31136(e) www.regulations.gov and/or Room These 70 applicants have had ITDM
and 31315 each exemption is valid for W12–140 on the ground level of the over a range of 1 to 35 years. These

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Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Notices 59727

applicants report no severe V. Conditions and Requirements Alejandro R. Hernandez (FL)
hypoglycemic reactions resulting in loss The terms and conditions of the Stephen R. Hill (PA)
of consciousness or seizure, requiring exemption will be provided to the James A. Hutson (NY)
the assistance of another person, or applicants in the exemption document Jon W. Jernigan (OK)
resulting in impaired cognitive function and they include the following: (1) That Denise D. Johnston (IA)
that occurred without warning each individual submit a quarterly Mark A. Johnston (PA)
symptoms, in the past 12 months and no monitoring checklist completed by the Zachary J.F. Kinsey (CA)
recurrent (2 or more) severe treating endocrinologist as well as an Steven J. Korb (OH)
hypoglycemic episodes in the past 5 annual checklist with a comprehensive Jongsub Lee (PA)
years. In each case, an endocrinologist medical evaluation; (2) that each Ramon Lopez (TX)
verified that the driver has individual reports within 2 business David C. Love (IL)
demonstrated a willingness to properly days of occurrence, all episodes of Cody J. Makuski (WI)
monitor and manage his/her diabetes severe hypoglycemia, significant John T. McEntire III (SC)
mellitus, received education related to complications, or inability to manage Billy J. McNealy (MI)
diabetes management, and is on a stable diabetes; also, any involvement in an Carlos Medellin (TX)
insulin regimen. These drivers report no accident or any other adverse event in Harry E. Miller (PA)
other disqualifying conditions, a CMV or personal vehicle, whether or Christopher K. Moore (AZ)
including diabetes-related not it is related to an episode of Samuel B. Morris (MN)
complications. Each meets the vision hypoglycemia; (3) that each individual Bryan C. Mullins (TX)
requirement at 49 CFR 391.41(b)(10). provide a copy of the ophthalmologist’s Zachary Nechi (IL)
The qualifications and medical or optometrist’s report to the medical Toriano T. Neely (AL)
condition of each applicant were stated examiner at the time of the annual Orlando Padilla (TX)
and discussed in detail in the June 22, medical examination; and (4) that each Michael P. Pattie (RI)
2016, Federal Register notice and they individual provide a copy of the annual Tony L. Pennywell (FL)
will not be repeated in this notice. medical certification to the employer for Brian K. Porter (KY)
retention in the driver’s qualification Oscar L. Quezada (CA)
III. Discussion of Comments file, or keep a copy in his/her driver’s Kenneth G. Reesman (PA)
qualification file if he/she is self- Walter D. Richardson (MA)
FMCSA received 4 comments in this employed. The driver must also have a
proceeding. Two anonymous Karla Robles (FL)
copy of the certification when driving, Tracy A. Rowland (WA)
commenters are in favor of granting the for presentation to a duly authorized
exemptions to all drivers listed in the Michael J. Russell (MA)
Federal, State, or local enforcement Jeffrey M. Sandler (CA)
notice. Deb Carlson stated that the state official.
of Minnesota is in favor of granting the Paul A. Schaus (IL)
exemptions to Samuel B. Morris and VI. Conclusion Lloyd E. Schrunk (MN)
Lloyd E. Schrunk, both of whom are Based upon its evaluation of the 70 Evan C. Sebastian (TX)
drivers licensed in Minnesota. Ryan exemption applications, FMCSA Nyanate F. Senyon (NJ)
Root stated he is in favor of granting exempts the following drivers from the Burton D. Shellabarger (IA)
Zachary J.F. Kinsey an exemption. Mr. diabetes requirement in 49 CFR John M. Suttles (OH)
Root has been Mr. Kinsey’s supervisor 391.41(b)(10), subject to the John R. Tupper (ID)
since 2013 and believes Mr. Kinsey requirements cited above 49 CFR Thomas W. Upton (NY)
properly manages his condition. 391.64(b)): James M. Walsh (WI)
Billy J. Webb, Jr. (MS)
IV. Basis for Exemption Determination Michael J. Andries (WI) Steven R. Williams (MO)
Appiah T. Ankrah (M) James A. Yates (IA)
Under 49 U.S.C. 31136(e) and 31315, Gregory P. Austin (CA)
FMCSA may grant an exemption from David F. Banko (CO) In accordance with 49 U.S.C. 31136(e)
the diabetes requirement in 49 CFR John T. Bardin (NY) and 31315 each exemption is valid for
391.41(b)(3) if the exemption is likely to Joseph Berta IV (OK) two years unless revoked earlier by
achieve an equivalent or greater level of John C. Birmingham (IA) FMCSA. The exemption will be revoked
safety than would be achieved without Brett C. Brayton (IA) if the following occurs: (1) The person
the exemption. The exemption allows Robert G. Canelo (NM) fails to comply with the terms and
the applicants to operate CMVs in Christoph A. Chiappa conditions of the exemption; (2) the
interstate commerce. Johnny L. Cloy Sr. (TN) exemption has resulted in a lower level
To evaluate the effect of these Jon W. Collett (OH) of safety than was maintained before it
exemptions on safety, FMCSA Joel A. Cote (ME) was granted; or (3) continuation of the
considered medical reports about the Donald E. Cowell (CA) exemption would not be consistent with
applicants’ ITDM and vision, and Raymond J. Crosbie (NH) the goals and objectives of 49 U.S.C.
Elmer W. Danley (PA) 31136(e) and 31315. If the exemption is
reviewed the treating endocrinologists’
Kenneth Dennis Jr. (KY) still effective at the end of the 2-year
medical opinion related to the ability of
Robert D. Diefenbaugh (NE) period, the person may apply to FMCSA
the driver to safely operate a CMV while
Ronald A. Fancelli (OH)
mstockstill on DSK3G9T082PROD with NOTICES

using insulin. for a renewal under procedures in effect
Eduard Fontes (IA) at that time.
Consequently, FMCSA finds that in William J. Gangloff (NY)
each case exempting these applicants Issued on: August 17, 2016.
Spencer J. Gruba (ND)
from the diabetes requirement in 49 CFR Phillip K. Guidice (WA) Larry W. Minor,
391.41(b)(3) is likely to achieve a level Darin K. Hansen (IA) Associate Administrator for Policy.
of safety equal to that existing without James A. Hanson (OH) [FR Doc. 2016–20782 Filed 8–29–16; 8:45 am]
the exemption. William M. Haralson (TN) BILLING CODE 4910–EX–P

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Document Created: 2018-02-09 11:42:42
Document Modified: 2018-02-09 11:42:42

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 final disposition.
Dates		The exemptions were effective on July 22, 2016. The exemptions expire on July 22, 2018.
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 from 8:30 a.m. to 5 p.m. e.t., Monday through Friday, except Federal holidays.
FR Citation		81 FR 59726

81 FR 59726 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 168 (August 30, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration