81 FR 67425 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 190 (September 30, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 190 (September 30, 2016)
| Page Range | 67425-67430 | |
| FR Document | 2016-23656 |
[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)] [Notices] [Pages 67425-67430] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23656] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0221] 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 39 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 October 31, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2016-0221 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: Ms. 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 39 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 Thomas A. Alcon Mr. Alcon, 32, 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. Alcon understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Alcon 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 Mexico. John K. Bottkol Mr. Bottkol, 51, has had ITDM since 2014. His endocrinologist examined him in 2016 and certified that he has had no [[Page 67426]] 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. Bottkol understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Bottkol 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 Florida. Donald J. Brinkman Mr. Brinkman, 61, 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. Brinkman understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Brinkman 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 Colorado. John D. Cline Mr. Cline, 59, 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. Cline understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Cline 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 Arizona. Paul H. Coleman, Jr. Mr. Coleman, 50, 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. Coleman understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Coleman 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. John D. Colpitts Mr. Colpitts, 35, has had ITDM since 1984. 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. Colpitts understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Colpitts 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 Carolina. Salvatore A. Corrao Mr. Corrao, 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. Corrao understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Corrao 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 Massachusetts. Patrick R. Dawson Mr. Dawson, 52, 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. Dawson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Dawson 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 New York. Kevin A. Dietz Mr. Dietz, 39, has had ITDM since 1997. 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. Dietz understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Dietz 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 Illinois. Steven M. Dunham Mr. Dunham, 58, 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. Dunham understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Dunham 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. [[Page 67427]] He holds an operator's license from New Hampshire. James H. Elliott Mr. Elliott, 46, has had ITDM since 1980. 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. Elliott understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Elliott 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 Ohio. Frank A.W. Emrath Mr. Emrath, 61, 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. Emrath understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Emrath 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 Wisconsin. Kirk M. Faria Mr. Faria, 24, has had ITDM since 1993. 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. Faria understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Faria 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. Richard L. Farris Mr. Farris, 60, 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. Farris understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Farris 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. Alex J. Gerena-Santiago Mr. Gerena-Santiago, 39, 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. Gerena-Santiago understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Gerena-Santiago 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 Pennsylvania. Matthew D. Homan Mr. Homan, 38, 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. Homan understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Homan 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 Michigan. Donna J. Jones Ms. Jones, 59, has had ITDM since 2016. Her endocrinologist examined her in 2016 and certified that she has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. Her endocrinologist certifies that Ms. Jones understands diabetes management and monitoring has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Jones meets the requirements of the vision standard at 49 CFR 391.41(b)(10). Her optometrist examined her in 2016 and certified that she does not have diabetic retinopathy. She holds a Class B CDL from Illinois. Jamison G. Land Mr. Land, 37, 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. Land understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Land 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. Richard H. Leger Mr. Leger, 43, 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 [[Page 67428]] more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Leger understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Leger 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. Solomon J. Mayfield Mr. Mayfield, 45, 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. Mayfield understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Mayfield 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 Georgia. Calvin W. McDaniel Mr. McDaniel, 62, 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. McDaniel understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. McDaniel 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. Clay A. McDaniel Mr. McDaniel, 21, has had ITDM since 1997. 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. McDaniel understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. McDaniel 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 Missouri. Steven D. Mellott Mr. Mellott, 68, 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. Mellott understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Mellott 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 Ohio. Sean R.T. Murray Mr. Murray, 43, 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. Murray understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Murray 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. Chris A. Perez Mr. Perez, 33, has had ITDM since 1991. 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. Perez understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Perez 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 Illinois. Luther S. Pickell Mr. Pickell, 74, 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. Pickell understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Pickell 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 Kansas. Michael K. Piirto Mr. Piirto, 49, 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. Piirto understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Piirto 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 Indiana. William A. Pope, Jr. Mr. Pope, 45, has had ITDM since 2016. His endocrinologist examined him [[Page 67429]] 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. Pope understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Pope 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. Jeffrey E. Prevost Mr. Prevost, 61, 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. Prevost understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Prevost 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. Eric W. Ransom Mr. Ransom, 53, 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. Ransom understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Ransom 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 Wyoming. Phillip A. Rentschler Mr. Rentschler, 59, 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. Rentschler understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Rentschler 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 Indiana. Steven L. Saddler Mr. Saddler, 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. Saddler understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Saddler 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. Allan C. Smith Mr. Smith, 57, 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. Smith understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Smith 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 Iowa. Craig A. Squib Mr. Squib, 54, 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. Squib understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Squib 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. Timothy B. Suck Mr. Suck, 49, 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. Suck understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Suck 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. Tyrel J. Turner Mr. Turner, 31, 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. Turner understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Turner 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. [[Page 67430]] He holds an operator's license from Idaho. Daniel R. Violette Mr. Violette, 60, 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. Violette understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Violette 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 Oregon. Robert C. Williams Mr. Williams, 43, 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. Williams understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Williams 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 Oregon. David W. Wiltrout Mr. Wiltrout, 64, 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. Wiltrout understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Wiltrout 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 Pennsylvania. III. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the date section of the notice. FMCSA notes that section 4129 of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users requires the Secretary to revise its diabetes exemption program established on September 3, 2003 (68 FR 52441).\1\ The revision must provide for individual assessment of drivers with diabetes mellitus, and be consistent 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-2016-0221 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-2016-0221 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: September 22, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-23656 Filed 9-29-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices 67425
treatment regimen and the duration of ACTION:Notice of applications for personal information the commenter
time on or off of anti-seizure exemptions; request for comments. provides, to www.regulations.gov, as
medication. The Agency considered the described in the system of records
2007 recommendations of the Agency’s SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can
Medical Expert Panel (MEP). The applications from 39 individuals for be reviewed at www.dot.gov/privacy.
January 15, 2013, Federal Register exemption from the prohibition against FOR FURTHER INFORMATION CONTACT: Ms.
notice (78 FR 3069) provides the current persons with insulin-treated diabetes Christine A. Hydock, Chief, Medical
MEP recommendations which is the mellitus (ITDM) operating commercial Programs Division, (202) 366–4001,
criteria the Agency uses to make motor vehicles (CMVs) in interstate fmcsamedical@dot.gov, FMCSA,
decisions regarding seizure exemptions. commerce. If granted, the exemptions Department of Transportation, 1200
would enable these individuals with New Jersey Avenue SE., Room W64–
IV. Conclusion ITDM to operate CMVs in interstate 113, Washington, DC 20590–0001.
The Agency has determined that these commerce. Office hours are 8:30 a.m. to 5 p.m., e.t.,
10 applicants do not satisfy the criteria DATES: Comments must be received on Monday through Friday, except Federal
eligibility or meet the terms and or before October 31, 2016. holidays.
conditions for a Federal exemption and ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION:
granting these exemptions would not bearing the Federal Docket Management
provide a level of safety that would be I. Background
System (FDMS) Docket No. FMCSA–
equivalent to or greater than, the level 2016–0221 using any of the following Under 49 U.S.C. 31136(e) and 31315,
of safety that would be obtained by methods: FMCSA may grant an exemption from
complying with the regulation 49 CFR • Federal eRulemaking Portal: Go to the Federal Motor Carrier Safety
391.41(b)(8). Therefore, the applicants http://www.regulations.gov. Follow the Regulations for a 2-year period if it finds
in this notice have been denied an on-line instructions for submitting ‘‘such exemption would likely achieve a
exemption from the physical comments. level of safety that is equivalent to or
qualification standards in 49 CFR • Mail: Docket Management Facility; greater than the level that would be
391.41(b)(8). U.S. Department of Transportation, 1200 achieved absent such exemption.’’ The
Each applicant has, prior to this New Jersey Avenue SE., West Building statute also allows the Agency to renew
notice, received a letter of final Ground Floor, Room W12–140, exemptions at the end of the 2-year
disposition regarding his/her exemption Washington, DC 20590–0001. period. The 39 individuals listed in this
request. Those decision letters fully • Hand Delivery: West Building notice have recently requested such an
outlined the basis for the denial and Ground Floor, Room W12–140, 1200 exemption from the diabetes prohibition
constitutes final action by the Agency. New Jersey Avenue SE., Washington, in 49 CFR 391.41(b)(3), which applies to
This notice summarizes the Agency’s DC, between 9 a.m. and 5 p.m., Monday drivers of CMVs in interstate commerce.
recent denials as required under 49 through Friday, except Federal Accordingly, the Agency will evaluate
U.S.C. 31315(b)(4) by publishing names Holidays. the qualifications of each applicant to
periodically and reasons for denial. The • Fax: 1–202–493–2251. determine whether granting the
following 10 applicants do not meet the Instructions: Each submission must exemption will achieve the required
minimum time requirement for being include the Agency name and the level of safety mandated by statute.
seizure-free, either on or off of anti- docket numbers for this notice. Note
seizure medication: II. Qualifications of Applicants
that all comments received will be
William E. Beaver posted without change to http:// Thomas A. Alcon
Paul V. Carlson www.regulations.gov, including any Mr. Alcon, 32, has had ITDM since
Tommy Joe Cox personal information provided. Please 2016. His endocrinologist examined him
William Garvin see the Privacy Act heading below for in 2016 and certified that he has had no
Jeremiah Gonzales further information. severe hypoglycemic reactions resulting
Roderick Haslip Docket: For access to the docket to in loss of consciousness, requiring the
Doug William Outfleet read background documents or assistance of another person, or
David J. Parris comments, go to http:// resulting in impaired cognitive function
Shawn E. Sands www.regulations.gov at any time or that occurred without warning in the
Robert B. Skinner Room W12–140 on the ground level of past 12 months and no recurrent (2 or
Issued on: September 22, 2016. the West Building, 1200 New Jersey more) severe hypoglycemic episodes in
Larry W. Minor, Avenue SE., Washington, DC, between 9 the last 5 years. His endocrinologist
Associate Administrator for Policy. a.m. and 5 p.m., Monday through certifies that Mr. Alcon understands
[FR Doc. 2016–23651 Filed 9–29–16; 8:45 am]
Friday, except Federal holidays. The diabetes management and monitoring,
Federal Docket Management System has stable control of his diabetes using
BILLING CODE 4910–EX–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. Alcon meets the
DEPARTMENT OF TRANSPORTATION acknowledgment that we received your requirements of the vision standard at
comments, please include a self- 49 CFR 391.41(b)(10). His optometrist
Federal Motor Carrier Safety addressed, stamped envelope or examined him in 2016 and certified that
postcard or print the acknowledgement
mstockstill on DSK3G9T082PROD with NOTICES
Administration he does not have diabetic retinopathy.
page that appears after submitting He holds a Class A CDL from New
[Docket No. FMCSA–2016–0221]
comments on-line. Mexico.
Qualification of Drivers; Exemption Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments John K. Bottkol
Applications; Diabetes Mellitus
from the public to better inform its Mr. Bottkol, 51, has had ITDM since
AGENCY:Federal Motor Carrier Safety rulemaking process. DOT posts these 2014. His endocrinologist examined him
Administration (FMCSA). comments, without edit, including any in 2016 and certified that he has had no
VerDate Sep<11>2014 20:49 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 E:\FR\FM\30SEN1.SGM 30SEN1](https://thefederalregister.org/doc/81_FR_67615/page/1.svg)
![67430 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices
He holds an operator’s license from examined him in 2016 and certified that IV. Submitting Comments
Idaho. he does not have diabetic retinopathy. You may submit your comments and
He holds an operator’s license from material online or by fax, mail, or hand
Daniel R. Violette
Pennsylvania. delivery, but please use only one of
Mr. Violette, 60, has had ITDM since
III. Request for Comments these means. FMCSA recommends that
2015. His endocrinologist examined him
you include your name and a mailing
in 2016 and certified that he has had no In accordance with 49 U.S.C. 31136(e) address, an email address, or a phone
severe hypoglycemic reactions resulting and 31315, FMCSA requests public number in the body of your document
in loss of consciousness, requiring the comment from all interested persons on so that FMCSA can contact you if there
assistance of another person, or the exemption petitions described in are questions regarding your
resulting in impaired cognitive function this notice. We will consider all submission.
that occurred without warning in the comments received before the close of To submit your comment online, go to
past 12 months and no recurrent (2 or business on the closing date indicated http://www.regulations.gov and in the
more) severe hypoglycemic episodes in in the date section of the notice. search box insert the docket number
the last 5 years. His endocrinologist FMCSA notes that section 4129 of the FMCSA–2016–0221 and click the search
certifies that Mr. Violette understands Safe, Accountable, Flexible and button. When the new screen appears,
diabetes management and monitoring, Efficient Transportation Equity Act: A click on the blue ‘‘Comment Now!’’
has stable control of his diabetes using Legacy for Users requires the Secretary button on the right hand side of the
insulin, and is able to drive a CMV to revise its diabetes exemption program page. On the new page, enter
safely. Mr. Violette meets the established on September 3, 2003 (68 FR information required including the
requirements of the vision standard at 52441).1 The revision must provide for specific section of this document to
49 CFR 391.41(b)(10). His optometrist individual assessment of drivers with which each comment applies, and
examined him in 2016 and certified that diabetes mellitus, and be consistent provide a reason for each suggestion or
he does not have diabetic retinopathy. with the criteria described in section recommendation. If you submit your
He holds a Class A CDL from Oregon. 4018 of the Transportation Equity Act comments by mail or hand delivery,
Robert C. Williams for the 21st Century (49 U.S.C. 31305). submit them in an unbound format, no
Section 4129 requires: (1) Elimination larger than 81⁄2 by 11 inches, suitable for
Mr. Williams, 43, has had ITDM since
of the requirement for 3 years of copying and electronic filing. If you
1989. His endocrinologist examined him
experience operating CMVs while being submit comments by mail and would
in 2016 and certified that he has had no
treated with insulin; and (2) like to know that they reached the
severe hypoglycemic reactions resulting
establishment of a specified minimum facility, please enclose a stamped, self-
in loss of consciousness, requiring the
period of insulin use to demonstrate addressed postcard or envelope.
assistance of another person, or
stable control of diabetes before being We will consider all comments and
resulting in impaired cognitive function
allowed to operate a CMV. material received during the comment
that occurred without warning in the
In response to section 4129, FMCSA period. FMCSA may issue a final
past 12 months and no recurrent (2 or determination at any time after the close
made immediate revisions to the
more) severe hypoglycemic episodes in of the comment period.
diabetes exemption program established
the last 5 years. His endocrinologist
by the September 3, 2003 notice. V. Viewing Comments and Documents
certifies that Mr. Williams understands
FMCSA discontinued use of the 3-year
diabetes management and monitoring, To view comments, as well as any
driving experience and fulfilled the
has stable control of his diabetes using documents mentioned in this preamble,
requirements of section 4129 while
insulin, and is able to drive a CMV go to http://www.regulations.gov and in
continuing to ensure that operation of
safely. Mr. Williams meets the the search box insert the docket number
CMVs by drivers with ITDM will
requirements of the vision standard at FMCSA–2016–0221 and click ‘‘Search.’’
achieve the requisite level of safety
49 CFR 391.41(b)(10). His Next, click ‘‘Open Docket Folder’’ and
required of all exemptions granted
ophthalmologist examined him in 2016 you will find all documents and
under 49 U.S.C. 31136(e).
and certified that he does not have comments related to this notice.
Section 4129(d) also directed FMCSA
diabetic retinopathy. He holds an
to ensure that drivers of CMVs with Issued on: September 22, 2016.
operator’s license from Oregon.
ITDM are not held to a higher standard Larry W. Minor,
David W. Wiltrout than other drivers, with the exception of Associate Administrator for Policy.
Mr. Wiltrout, 64, has had ITDM since limited operating, monitoring and [FR Doc. 2016–23656 Filed 9–29–16; 8:45 am]
2013. His endocrinologist examined him medical requirements that are deemed BILLING CODE 4910–EX–P
in 2016 and certified that he has had no medically necessary.
severe hypoglycemic reactions resulting The FMCSA concluded that all of the
in loss of consciousness, requiring the operating, monitoring and medical DEPARTMENT OF TRANSPORTATION
assistance of another person, or requirements set out in the September 3,
resulting in impaired cognitive function 2003 notice, except as modified, were in Federal Railroad Administration
that occurred without warning in the compliance with section 4129(d). [Docket No. FRA–2011–0027, Notice No. 9]
past 12 months and no recurrent (2 or Therefore, all of the requirements set
more) severe hypoglycemic episodes in out in the September 3, 2003 notice, Northeast Corridor Safety Committee;
the last 5 years. His endocrinologist except as modified by the notice in the Notice of Meeting
mstockstill on DSK3G9T082PROD with NOTICES
certifies that Mr. Wiltrout understands Federal Register on November 8, 2005
(70 FR 67777), remain in effect. AGENCY: Federal Railroad
diabetes management and monitoring, Administration (FRA), Department of
has stable control of his diabetes using Transportation (DOT).
1 Section 4129(a) refers to the 2003 notice as a
insulin, and is able to drive a CMV
‘‘final rule.’’ However, the 2003 notice did not issue ACTION: Announcement of Northeast
safely. Mr. Wiltrout meets the a ‘‘final rule’’ but did establish the procedures and Corridor Safety Committee (NECSC)
requirements of the vision standard at standards for issuing exemptions for drivers with meeting.
49 CFR 391.41(b)(10). His optometrist ITDM.
VerDate Sep<11>2014 20:49 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 E:\FR\FM\30SEN1.SGM 30SEN1](https://thefederalregister.org/doc/81_FR_67615/page/6.svg)
Document Created: 2018-02-09 13:33:57
Document Modified: 2018-02-09 13:33:57
| 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 October 31, 2016. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, 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 67425 |
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