81_FR_72847 81 FR 72644 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

81 FR 72644 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 203 (October 20, 2016)

Page Range72644-72651
FR Document2016-25379

FMCSA announces receipt of applications from 46 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce.

Federal Register, Volume 81 Issue 203 (Thursday, October 20, 2016)
[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Notices]
[Pages 72644-72651]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25379]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0223]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

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

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SUMMARY: FMCSA announces receipt of applications from 46 individuals 
for exemption from the prohibition against persons with insulin-treated 
diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in 
interstate commerce. If granted, the exemptions

[[Page 72645]]

would enable these individuals with ITDM to operate CMVs in interstate 
commerce.

DATES: Comments must be received on or before November 21, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2016-0223 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 46 individuals listed 
in this notice have recently requested such an exemption from the 
diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers 
of CMVs in interstate commerce. Accordingly, the Agency will evaluate 
the qualifications of each applicant to determine whether granting the 
exemption will achieve the required level of safety mandated by 
statute.

II. Qualifications of Applicants

Colter E. Allen

    Mr. Allen, 32, has had ITDM since 2000. His endocrinologist 
examined him in 2016 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Allen understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Allen meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Montana.

Bert F. Asa

    Mr. Asa, 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. Asa understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Asa 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 Colorado.

Brandon D. Baird

    Mr. Baird, 36, 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. Baird understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Baird meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from 
Tennessee.

Glenn C. Blank

    Mr. Blank, 74, 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. Blank understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Blank 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.

Michael H. Blosser

    Mr. Blosser, 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. Blosser understands

[[Page 72646]]

diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Blosser 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.

Francis A. Boadu

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

John K. Brown

    Mr. Brown, 54, 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. Brown understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Brown 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 D CDL from Kentucky.

Timothy L. Dahlberg

    Mr. Dahlberg, 65, has had ITDM since 2007. His endocrinologist 
examined him in 2016 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Dahlberg understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Dahlberg 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.

Randy S. Dorn

    Mr. Dorn, 54, 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. Dorn understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Dorn 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 Wisconsin.

Troy E. Dreisbach

    Mr. Dreisbach, 52, 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. Dreisbach understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Dreisbach 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.

Janice K. Epperson

    Ms. Epperson, 70, 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. Epperson understands diabetes 
management and monitoring, has stable control of her diabetes using 
insulin, and is able to drive a CMV safely. Ms. Epperson 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 A CDL from Missouri.

Chase L. Fugere

    Mr. Fugere, 22, 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. Fugere understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Fugere 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.

Richard A. Geiger

    Mr. Geiger, 55, 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. Geiger understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Geiger 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.

Kenneth B. Golden, Jr.

    Mr. Golden, 73, 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

[[Page 72647]]

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. Golden understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Golden 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.

Todd K. Grama

    Mr. Grama, 49, 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. Grama understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Grama 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.

Rick L. Hendrickson

    Mr. Hendrickson, 54, 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. Hendrickson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Hendrickson 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.

Glenn E. Hoffman

    Mr. Hoffman, 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. Hoffman understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Hoffman 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.

Jeffrey S. Horvath

    Mr. Horvath, 37, 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. Horvath understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Horvath 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 Ohio.

Herbert S. Johnson, II

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

Randall L. Johnson

    Mr. Johnson, 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. Johnson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Johnson 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 Georgia.

Gary D. Jones

    Mr. Jones, 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. Jones understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Jones 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 Iowa.

Charles C. Kennedy

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

John A. Larson

    Mr. Larson, 66, has had ITDM since 2012. His endocrinologist 
examined him

[[Page 72648]]

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. Larson understands diabetes management and 
monitoring, has stable control of his diabetes using insulin, and is 
able to drive a CMV safely. Mr. Larson 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.

Jose A. Lucero

    Mr. Lucero, 59, 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. Lucero understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Lucero 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 
Arizona.

Gerry A. Lutz

    Mr. Lutz, 56, 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. Lutz understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Lutz meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him 
in 2016 and certified that he does not have diabetic retinopathy. He 
holds a Class A CDL from Iowa.

Gary P. Marquez

    Mr. Marquez, 54, 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. Marquez understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Marquez 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 California.

George F. McCrory

    Mr. McCrory, 46, 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. McCrory understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. McCrory 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 Missouri.

Richard R. McDonald

    Mr. McDonald, 57, 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. McDonald understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. McDonald 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.

William P. McLemore, Jr.

    Mr. McLemore, 62, has had ITDM since 2002. 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. McLemore understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. McLemore 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 Illinois.

Jason M. Moch

    Mr. Moch, 26, 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. Moch understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Moch 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.

George K. Namauu, Jr.

    Mr. Namauu, 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. Namauu understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Namauu meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His

[[Page 72649]]

ophthalmologist examined him in 2016 and certified that he has stable 
proliferative diabetic retinopathy. He holds an operator's license from 
Hawaii.

Ashby J. Nuckols

    Mr. Nuckols, 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. Nuckols understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Nuckols 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 Virginia.

Encarnacion Oranday, Jr.

    Mr. Oranday, 60, 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. Oranday understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Oranday meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Texas.

Jonathan P. Preissler

    Mr. Preissler, 23, has had ITDM since 2005. 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. Preissler understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Preissler 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.

Charles R. Quilty

    Mr. Quilty, 55, has had ITDM since 2016. His endocrinologist 
examined him in 2016 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Quilty understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Quilty 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.

Joseph M. Rowe

    Mr. Rowe, 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. Rowe understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Rowe 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 Missouri.

Donald G. Runyon

    Mr. Runyon, 58, has had ITDM since 2016. His endocrinologist 
examined him in 2016 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Runyon understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Runyon 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.

John B. Simpson

    Mr. Simpson, 72, has had ITDM since 1976. 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. Simpson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Simpson 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 Hampshire.

Ronnie J. Smith

    Mr. Smith, 24, 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. 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 has stable 
nonprofliferative diabetic retinopathy. He holds an operator's license 
from North Carolina.

Troy Smith

    Mr. Smith, 46, 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 72650]]

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 an operator's license from Ohio.

Mitchell A. Thomas

    Mr. Thomas, 31, 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. 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 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Minnesota.

James M. Vavao

    Mr. Vavao, 47, has had ITDM since 2005. 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. Vavao understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Vavao 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 California.

Steven A. Vilardo

    Mr. Vilardo, 48, 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. Vilardo understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Vilardo 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 Kentucky.

Joseph H. Wamsley

    Mr. Wamsley, 42, 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. Wamsley understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Wamsley 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 West 
Virginia.

Richelle Y. Wyatt

    Ms. Wyatt, 58, has had ITDM since 2013. 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. Wyatt understands diabetes 
management and monitoring, has stable control of her diabetes using 
insulin, and is able to drive a CMV safely. Ms. Wyatt meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. She holds a Class B CDL from Pennsylvania.

Roy O. Young

    Mr. Young, 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. Young understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Young 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.
    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

[[Page 72651]]

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-2016-0223 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-2016-0223 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: October 14, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-25379 Filed 10-19-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  72644                       Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices

                                                  better than that of all CMV drivers                     interstate system and on other roads                  V. Discussion of Comments
                                                  collectively (See 61 FR 13338, 13345,                   built to interstate standards. Moreover,                FMCSA received no comments in this
                                                  March 26, 1996). The fact that                          driving in congested urban areas                      proceeding.
                                                  experienced monocular drivers                           exposes the driver to more pedestrian
                                                  demonstrated safe driving records in the                and vehicular traffic than exists on                  IV. Conclusion
                                                  waiver program supports a conclusion                    interstate highways. Faster reaction to                  Based upon its evaluation of the 12
                                                  that other monocular drivers, meeting                   traffic and traffic signals is generally              exemption applications, FMCSA
                                                  the same qualifying conditions as those                 required because distances between                    exempts the following drivers from the
                                                  required by the waiver program, are also                them are more compact. These                          vision requirement in 49 CFR
                                                  likely to have adapted to their vision                  conditions tax visual capacity and                    391.41(b)(10), subject to the
                                                  deficiency and will continue to operate                 driver response just as intensely as                  requirements cited above 49 CFR
                                                  safely.                                                 interstate driving conditions. The                    391.64(b):
                                                     The first major research correlating
                                                  past and future performance was done                    veteran drivers in this proceeding have               Timothy D. Beaulier (MI)
                                                  in England by Greenwood and Yule in                     operated CMVs safely under those                      Earl D. Edland (MN)
                                                                                                          conditions for at least 3 years, most for             David M. Field (NH)
                                                  1920. Subsequent studies, building on
                                                                                                          much longer. Their experience and                     Jerry D. Gartman (TX)
                                                  that model, concluded that crash rates
                                                                                                          driving records lead us to believe that               William I. Innskeep (OH)
                                                  for the same individual exposed to
                                                                                                          each applicant is capable of operating in             Spencer B. Jacobs (TX)
                                                  certain risks for two different time                                                                          Edison Joe (NM)
                                                  periods vary only slightly (See Bates                   interstate commerce as safely as he/she
                                                                                                          has been performing in intrastate                     Duane A. McCord (IL)
                                                  and Neyman, University of California                                                                          Odilio Monterroso De Leon (TX)
                                                  Publications in Statistics, April 1952).                commerce. Consequently, FMCSA finds
                                                                                                                                                                James M. Moore (MS)
                                                  Other studies demonstrated theories of                  that exempting these applicants from                  Raymond White (NC)
                                                  predicting crash proneness from crash                   the vision requirement in 49 CFR                      Brian C. Wittenburg (NC)
                                                  history coupled with other factors.                     391.41(b)(10) is likely to achieve a level
                                                                                                                                                                   In accordance with 49 U.S.C. 31136(e)
                                                  These factors—such as age, sex,                         of safety equal to that existing without
                                                                                                                                                                and 31315, each exemption will be valid
                                                  geographic location, mileage driven and                 the exemption. For this reason, the
                                                  conviction history—are used every day                                                                         for 2 years unless revoked earlier by
                                                                                                          Agency is granting the exemptions for                 FMCSA. The exemption will be revoked
                                                  by insurance companies and motor                        the 2-year period allowed by 49 U.S.C.
                                                  vehicle bureaus to predict the                                                                                if: (1) The person fails to comply with
                                                                                                          31136(e) and 31315 to the 12 applicants               the terms and conditions of the
                                                  probability of an individual                            listed in the notice of August 31, 2016
                                                  experiencing future crashes (See Weber,                                                                       exemption; (2) the exemption has
                                                                                                          (81 FR 60115).                                        resulted in a lower level of safety than
                                                  Donald C., ‘‘Accident Rate Potential: An
                                                  Application of Multiple Regression                         We recognize that the vision of an                 was maintained before it was granted; or
                                                  Analysis of a Poisson Process,’’ Journal                applicant may change and affect his/her               (3) continuation of the exemption would
                                                  of American Statistical Association,                    ability to operate a CMV as safely as in              not be consistent with the goals and
                                                  June 1971). A 1964 California Driver                    the past. As a condition of the                       objectives of 49 U.S.C. 31136 and 31315.
                                                  Record Study prepared by the California                 exemption, therefore, FMCSA will                         If the exemption is still effective at the
                                                  Department of Motor Vehicles                            impose requirements on the 12                         end of the 2-year period, the person may
                                                  concluded that the best overall crash                   individuals consistent with the                       apply to FMCSA for a renewal under
                                                  predictor for both concurrent and                       grandfathering provisions applied to                  procedures in effect at that time.
                                                  nonconcurrent events is the number of                   drivers who participated in the                         Issued on: October 14, 2016.
                                                  single convictions. This study used 3                   Agency’s vision waiver program.                       Larry W. Minor,
                                                  consecutive years of data, comparing the                   Those requirements are found at 49                 Associate Administrator for Policy.
                                                  experiences of drivers in the first 2 years             CFR 391.64(b) and include the                         [FR Doc. 2016–25381 Filed 10–19–16; 8:45 am]
                                                  with their experiences in the final year.               following: (1) That each individual be                BILLING CODE 4910–EX–P
                                                     Applying principles from these                       physically examined every year (a) by
                                                  studies to the past 3-year record of the                an ophthalmologist or optometrist who
                                                  12 applicants, no drivers were involved                 attests that the vision in the better eye             DEPARTMENT OF TRANSPORTATION
                                                  in crashes, and no drivers were
                                                                                                          continues to meet the requirement in 49
                                                  convicted of moving violations in a                                                                           Federal Motor Carrier Safety
                                                                                                          CFR 391.41(b)(10) and (b) by a medical
                                                  CMV. All the applicants achieved a                                                                            Administration
                                                                                                          examiner who attests that the individual
                                                  record of safety while driving with their
                                                  vision impairment, demonstrating the                    is otherwise physically qualified under               [Docket No. FMCSA–2016–0223]
                                                  likelihood that they have adapted their                 49 CFR 391.41; (2) that each individual
                                                                                                          provide a copy of the ophthalmologist’s               Qualification of Drivers; Exemption
                                                  driving skills to accommodate their                                                                           Applications; Diabetes Mellitus
                                                  condition. As the applicants’ ample                     or optometrist’s report to the medical
                                                  driving histories with their vision                     examiner at the time of the annual                    AGENCY: Federal Motor Carrier Safety
                                                  deficiencies are good predictors of                     medical examination; and (3) that each                Administration (FMCSA).
                                                  future performance, FMCSA concludes                     individual provide a copy of the annual
                                                                                                                                                                ACTION: Notice of applications for
                                                  their ability to drive safely can be                    medical certification to the employer for
                                                                                                                                                                exemptions; request for comments.
                                                  projected into the future.                              retention in the driver’s qualification
mstockstill on DSK3G9T082PROD with NOTICES




                                                     We believe that the applicants’                      file, or keep a copy in his/her driver’s              SUMMARY: FMCSA announces receipt of
                                                  intrastate driving experience and history               qualification file if he/she is self-                 applications from 46 individuals for
                                                  provide an adequate basis for predicting                employed. The driver must have a copy                 exemption from the prohibition against
                                                  their ability to drive safely in interstate             of the certification when driving, for                persons with insulin-treated diabetes
                                                  commerce. Intrastate driving, like                      presentation to a duly authorized                     mellitus (ITDM) operating commercial
                                                  interstate operations, involves                         Federal, State, or local enforcement                  motor vehicles (CMVs) in interstate
                                                  substantial driving on highways on the                  official.                                             commerce. If granted, the exemptions


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                                                                              Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices                                        72645

                                                  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. Asa meets the requirements
                                                  commerce.                                               Office hours are 8:30 a.m. to 5 p.m., e.t.,           of the vision standard at 49 CFR
                                                  DATES: Comments must be received on                     Monday through Friday, except Federal                 391.41(b)(10). His optometrist examined
                                                  or before November 21, 2016.                            holidays.                                             him in 2016 and certified that he does
                                                                                                          SUPPLEMENTARY INFORMATION:                            not have diabetic retinopathy. He holds
                                                  ADDRESSES: You may submit comments
                                                                                                                                                                a Class A CDL from Colorado.
                                                  bearing the Federal Docket Management                   I. Background
                                                  System (FDMS) Docket No. FMCSA–                                                                               Brandon D. Baird
                                                                                                             Under 49 U.S.C. 31136(e) and 31315,
                                                  2016–0223 using any of the following                                                                            Mr. Baird, 36, has had ITDM since
                                                                                                          FMCSA may grant an exemption from
                                                  methods:                                                                                                      1989. His endocrinologist examined him
                                                     • Federal eRulemaking Portal: Go to                  the Federal Motor Carrier Safety
                                                                                                          Regulations for a 2-year period if it finds           in 2016 and certified that he has had no
                                                  http://www.regulations.gov. Follow the                                                                        severe hypoglycemic reactions resulting
                                                  on-line instructions for submitting                     ‘‘such exemption would likely achieve a
                                                                                                          level of safety that is equivalent to or              in loss of consciousness, requiring the
                                                  comments.                                                                                                     assistance of another person, or
                                                     • Mail: Docket Management Facility;                  greater than the level that would be
                                                                                                          achieved absent such exemption.’’ The                 resulting in impaired cognitive function
                                                  U.S. Department of Transportation, 1200                                                                       that occurred without warning in the
                                                  New Jersey Avenue SE., West Building                    statute also allows the Agency to renew
                                                                                                          exemptions at the end of the 2-year                   past 12 months and no recurrent (2 or
                                                  Ground Floor, Room W12–140,                                                                                   more) severe hypoglycemic episodes in
                                                  Washington, DC 20590–0001.                              period. The 46 individuals listed in this
                                                                                                          notice have recently requested such an                the last 5 years. His endocrinologist
                                                     • Hand Delivery: West Building                                                                             certifies that Mr. Baird understands
                                                  Ground Floor, Room W12–140, 1200                        exemption from the diabetes prohibition
                                                                                                          in 49 CFR 391.41(b)(3), which applies to              diabetes management and monitoring,
                                                  New Jersey Avenue SE., Washington,                                                                            has stable control of his diabetes using
                                                  DC, between 9 a.m. and 5 p.m., Monday                   drivers of CMVs in interstate commerce.
                                                                                                          Accordingly, the Agency will evaluate                 insulin, and is able to drive a CMV
                                                  through Friday, except Federal                                                                                safely. Mr. Baird meets the requirements
                                                  Holidays.                                               the qualifications of each applicant to
                                                                                                          determine whether granting the                        of the vision standard at 49 CFR
                                                     • Fax: 1–202–493–2251.                                                                                     391.41(b)(10). His ophthalmologist
                                                     Instructions: Each submission must                   exemption will achieve the required
                                                                                                          level of safety mandated by statute.                  examined him in 2016 and certified that
                                                  include the Agency name and the                                                                               he does not have diabetic retinopathy.
                                                  docket numbers for this notice. Note                    II. Qualifications of Applicants                      He holds an operator’s license from
                                                  that all comments received will be                                                                            Tennessee.
                                                  posted without change to http://                        Colter E. Allen
                                                  www.regulations.gov, including any                        Mr. Allen, 32, has had ITDM since                   Glenn C. Blank
                                                  personal information provided. Please                   2000. His endocrinologist examined him                  Mr. Blank, 74, has had ITDM since
                                                  see the Privacy Act heading below for                   in 2016 and certified that he has had no              2016. His endocrinologist examined him
                                                  further information.                                    severe hypoglycemic reactions resulting               in 2016 and certified that he has had no
                                                     Docket: For access to the docket to                  in loss of consciousness, requiring the               severe hypoglycemic reactions resulting
                                                  read background documents or                            assistance of another person, or                      in loss of consciousness, requiring the
                                                  comments, go to http://                                 resulting in impaired cognitive function              assistance of another person, or
                                                  www.regulations.gov at any time or                      that occurred without warning in the                  resulting in impaired cognitive function
                                                  Room W12–140 on the ground level of                     past 12 months and no recurrent (2 or                 that occurred without warning in the
                                                  the West Building, 1200 New Jersey                      more) severe hypoglycemic episodes in                 past 12 months and no recurrent (2 or
                                                  Avenue SE., Washington, DC, between 9                   the last 5 years. His endocrinologist                 more) severe hypoglycemic episodes in
                                                  a.m. and 5 p.m., Monday through                         certifies that Mr. Allen understands                  the last 5 years. His endocrinologist
                                                  Friday, except Federal holidays. The                    diabetes management and monitoring,                   certifies that Mr. Blank understands
                                                  Federal Docket Management System                        has stable control of his diabetes using              diabetes management and monitoring,
                                                  (FDMS) is available 24 hours each day,                  insulin, and is able to drive a CMV                   has stable control of his diabetes using
                                                  365 days each year. If you want                         safely. Mr. Allen meets the requirements              insulin, and is able to drive a CMV
                                                  acknowledgment that we received your                    of the vision standard at 49 CFR                      safely. Mr. Blank meets the
                                                  comments, please include a self-                        391.41(b)(10). His optometrist examined               requirements of the vision standard at
                                                  addressed, stamped envelope or                          him in 2016 and certified that he does                49 CFR 391.41(b)(10). His optometrist
                                                  postcard or print the acknowledgement                   not have diabetic retinopathy. He holds               examined him in 2016 and certified that
                                                  page that appears after submitting                      an operator’s license from Montana.                   he does not have diabetic retinopathy.
                                                  comments on-line.                                                                                             He holds a Class B CDL from
                                                     Privacy Act: In accordance with 5                    Bert F. Asa
                                                                                                                                                                Pennsylvania.
                                                  U.S.C. 553(c), DOT solicits comments                      Mr. Asa, 52, has had ITDM since
                                                  from the public to better inform its                    2016. His endocrinologist examined him                Michael H. Blosser
                                                  rulemaking process. DOT posts these                     in 2016 and certified that he has had no                Mr. Blosser, 61, has had ITDM since
                                                  comments, without edit, including any                   severe hypoglycemic reactions resulting               2016. His endocrinologist examined him
                                                  personal information the commenter                      in loss of consciousness, requiring the               in 2016 and certified that he has had no
                                                  provides, to www.regulations.gov, as                    assistance of another person, or                      severe hypoglycemic reactions resulting
                                                  described in the system of records                      resulting in impaired cognitive function              in loss of consciousness, requiring the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  notice (DOT/ALL–14 FDMS), which can                     that occurred without warning in the                  assistance of another person, or
                                                  be reviewed at www.dot.gov/privacy.                     past 12 months and no recurrent (2 or                 resulting in impaired cognitive function
                                                  FOR FURTHER INFORMATION CONTACT: Ms.                    more) severe hypoglycemic episodes in                 that occurred without warning in the
                                                  Christine A. Hydock, Chief, Medical                     the last 5 years. His endocrinologist                 past 12 months and no recurrent (2 or
                                                  Programs Division, (202) 366–4001,                      certifies that Mr. Asa understands                    more) severe hypoglycemic episodes in
                                                  fmcsamedical@dot.gov, FMCSA,                            diabetes management and monitoring,                   the last 5 years. His endocrinologist
                                                  Department of Transportation, 1200                      has stable control of his diabetes using              certifies that Mr. Blosser understands


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                                                  72646                       Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices

                                                  diabetes management and monitoring,                     the last 5 years. His endocrinologist                 warning in the past 12 months and no
                                                  has stable control of his diabetes using                certifies that Mr. Dahlberg understands               recurrent (2 or more) severe
                                                  insulin, and is able to drive a CMV                     diabetes management and monitoring,                   hypoglycemic episodes in the last 5
                                                  safely. Mr. Blosser meets the                           has stable control of his diabetes using              years. Her endocrinologist certifies that
                                                  requirements of the vision standard at                  insulin, and is able to drive a CMV                   Ms. Epperson understands diabetes
                                                  49 CFR 391.41(b)(10). His optometrist                   safely. Mr. Dahlberg meets the                        management and monitoring, has stable
                                                  examined him in 2016 and certified that                 requirements of the vision standard at                control of her diabetes using insulin,
                                                  he does not have diabetic retinopathy.                  49 CFR 391.41(b)(10). His optometrist                 and is able to drive a CMV safely. Ms.
                                                  He holds a Class A CDL from                             examined him in 2016 and certified that               Epperson meets the requirements of the
                                                  Washington.                                             he does not have diabetic retinopathy.                vision standard at 49 CFR 391.41(b)(10).
                                                                                                          He holds a Class A CDL from                           Her optometrist examined her in 2016
                                                  Francis A. Boadu
                                                                                                          Wisconsin.                                            and certified that she does not have
                                                    Mr. Boadu, 60, has had ITDM since                                                                           diabetic retinopathy. She holds a Class
                                                  2015. His endocrinologist examined him                  Randy S. Dorn
                                                                                                                                                                A CDL from Missouri.
                                                  in 2016 and certified that he has had no                  Mr. Dorn, 54, has had ITDM since
                                                  severe hypoglycemic reactions resulting                 1998. His endocrinologist examined him                Chase L. Fugere
                                                  in loss of consciousness, requiring the                 in 2016 and certified that he has had no                Mr. Fugere, 22, has had ITDM since
                                                  assistance of another person, or                        severe hypoglycemic reactions resulting               2006. His endocrinologist examined him
                                                  resulting in impaired cognitive function                in loss of consciousness, requiring the               in 2016 and certified that he has had no
                                                  that occurred without warning in the                    assistance of another person, or                      severe hypoglycemic reactions resulting
                                                  past 12 months and no recurrent (2 or                   resulting in impaired cognitive function              in loss of consciousness, requiring the
                                                  more) severe hypoglycemic episodes in                   that occurred without warning in the                  assistance of another person, or
                                                  the last 5 years. His endocrinologist                   past 12 months and no recurrent (2 or                 resulting in impaired cognitive function
                                                  certifies that Mr. Boadu understands                    more) severe hypoglycemic episodes in                 that occurred without warning in the
                                                  diabetes management and monitoring,                     the last 5 years. His endocrinologist                 past 12 months and no recurrent (2 or
                                                  has stable control of his diabetes using                certifies that Mr. Dorn understands                   more) severe hypoglycemic episodes in
                                                  insulin, and is able to drive a CMV                     diabetes management and monitoring,                   the last 5 years. His endocrinologist
                                                  safely. Mr. Boadu meets the                             has stable control of his diabetes using              certifies that Mr. Fugere understands
                                                  requirements of the vision standard at                  insulin, and is able to drive a CMV                   diabetes management and monitoring,
                                                  49 CFR 391.41(b)(10). His                               safely. Mr. Dorn meets the requirements               has stable control of his diabetes using
                                                  ophthalmologist examined him in 2016                    of the vision standard at 49 CFR                      insulin, and is able to drive a CMV
                                                  and certified that he does not have                     391.41(b)(10). His optometrist examined               safely. Mr. Fugere meets the
                                                  diabetic retinopathy. He holds a Class A                him in 2016 and certified that he does                requirements of the vision standard at
                                                  CDL from Massachusetts.                                 not have diabetic retinopathy. He holds               49 CFR 391.41(b)(10). His optometrist
                                                                                                          an operator’s license from Wisconsin.                 examined him in 2016 and certified that
                                                  John K. Brown
                                                                                                                                                                he does not have diabetic retinopathy.
                                                    Mr. Brown, 54, has had ITDM since                     Troy E. Dreisbach
                                                                                                                                                                He holds an operator’s license from
                                                  2016. His endocrinologist examined him                    Mr. Dreisbach, 52, has had ITDM                     North Dakota.
                                                  in 2016 and certified that he has had no                since 2015. His endocrinologist
                                                  severe hypoglycemic reactions resulting                 examined him in 2016 and certified that               Richard A. Geiger
                                                  in loss of consciousness, requiring the                 he has had no severe hypoglycemic                       Mr. Geiger, 55, has had ITDM since
                                                  assistance of another person, or                        reactions resulting in loss of                        2000. His endocrinologist examined him
                                                  resulting in impaired cognitive function                consciousness, requiring the assistance               in 2016 and certified that he has had no
                                                  that occurred without warning in the                    of another person, or resulting in                    severe hypoglycemic reactions resulting
                                                  past 12 months and no recurrent (2 or                   impaired cognitive function that                      in loss of consciousness, requiring the
                                                  more) severe hypoglycemic episodes in                   occurred without warning in the past 12               assistance of another person, or
                                                  the last 5 years. His endocrinologist                   months and no recurrent (2 or more)                   resulting in impaired cognitive function
                                                  certifies that Mr. Brown understands                    severe hypoglycemic episodes in the                   that occurred without warning in the
                                                  diabetes management and monitoring,                     last 5 years. His endocrinologist certifies           past 12 months and no recurrent (2 or
                                                  has stable control of his diabetes using                that Mr. Dreisbach understands diabetes               more) severe hypoglycemic episodes in
                                                  insulin, and is able to drive a CMV                     management and monitoring, has stable                 the last 5 years. His endocrinologist
                                                  safely. Mr. Brown meets the                             control of his diabetes using insulin,                certifies that Mr. Geiger understands
                                                  requirements of the vision standard at                  and is able to drive a CMV safely. Mr.                diabetes management and monitoring,
                                                  49 CFR 391.41(b)(10). His optometrist                   Dreisbach meets the requirements of the               has stable control of his diabetes using
                                                  examined him in 2016 and certified that                 vision standard at 49 CFR 391.41(b)(10).              insulin, and is able to drive a CMV
                                                  he does not have diabetic retinopathy.                  His optometrist examined him in 2016                  safely. Mr. Geiger meets the
                                                  He holds a Class D CDL from Kentucky.                   and certified that he does not have                   requirements of the vision standard at
                                                                                                          diabetic retinopathy. He holds an                     49 CFR 391.41(b)(10). His
                                                  Timothy L. Dahlberg
                                                                                                          operator’s license from Pennsylvania.                 ophthalmologist examined him in 2016
                                                    Mr. Dahlberg, 65, has had ITDM since                                                                        and certified that he has stable
                                                  2007. His endocrinologist examined him                  Janice K. Epperson
                                                                                                                                                                nonproliferative diabetic retinopathy.
                                                  in 2016 and certified that he has had no                  Ms. Epperson, 70, has had ITDM since
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                                                                                                                                                                He holds a Class B CDL from Illinois.
                                                  severe hypoglycemic reactions resulting                 2016. Her endocrinologist examined her
                                                  in loss of consciousness, requiring the                 in 2016 and certified that she has had                Kenneth B. Golden, Jr.
                                                  assistance of another person, or                        no severe hypoglycemic reactions                        Mr. Golden, 73, has had ITDM since
                                                  resulting in impaired cognitive function                resulting in loss of consciousness,                   2014. His endocrinologist examined him
                                                  that occurred without warning in the                    requiring the assistance of another                   in 2016 and certified that he has had no
                                                  past 12 months and no recurrent (2 or                   person, or resulting in impaired                      severe hypoglycemic reactions resulting
                                                  more) severe hypoglycemic episodes in                   cognitive function that occurred without              in loss of consciousness, requiring the


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                                                                              Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices                                         72647

                                                  assistance of another person, or                        severe hypoglycemic reactions resulting               severe hypoglycemic reactions resulting
                                                  resulting in impaired cognitive function                in loss of consciousness, requiring the               in loss of consciousness, requiring the
                                                  that occurred without warning in the                    assistance of another person, or                      assistance of another person, or
                                                  past 12 months and no recurrent (2 or                   resulting in impaired cognitive function              resulting in impaired cognitive function
                                                  more) severe hypoglycemic episodes in                   that occurred without warning in the                  that occurred without warning in the
                                                  the last 5 years. His endocrinologist                   past 12 months and no recurrent (2 or                 past 12 months and no recurrent (2 or
                                                  certifies that Mr. Golden understands                   more) severe hypoglycemic episodes in                 more) severe hypoglycemic episodes in
                                                  diabetes management and monitoring,                     the last 5 years. His endocrinologist                 the last 5 years. His endocrinologist
                                                  has stable control of his diabetes using                certifies that Mr. Hoffman understands                certifies that Mr. Johnson understands
                                                  insulin, and is able to drive a CMV                     diabetes management and monitoring,                   diabetes management and monitoring,
                                                  safely. Mr. Golden meets the                            has stable control of his diabetes using              has stable control of his diabetes using
                                                  requirements of the vision standard at                  insulin, and is able to drive a CMV                   insulin, and is able to drive a CMV
                                                  49 CFR 391.41(b)(10). His optometrist                   safely. Mr. Hoffman meets the                         safely. Mr. Johnson meets the
                                                  examined him in 2016 and certified that                 requirements of the vision standard at                requirements of the vision standard at
                                                  he does not have diabetic retinopathy.                  49 CFR 391.41(b)(10). His optometrist                 49 CFR 391.41(b)(10). His optometrist
                                                  He holds a Class A CDL from New York.                   examined him in 2016 and certified that               examined him in 2016 and certified that
                                                                                                          he does not have diabetic retinopathy.                he does not have diabetic retinopathy.
                                                  Todd K. Grama
                                                                                                          He holds a Class A CDL from Florida.                  He holds a Class B CDL from Georgia.
                                                    Mr. Grama, 49, has had ITDM since
                                                  2015. His endocrinologist examined him                  Jeffrey S. Horvath                                    Gary D. Jones
                                                  in 2016 and certified that he has had no                   Mr. Horvath, 37, has had ITDM since                   Mr. Jones, 55, has had ITDM since
                                                  severe hypoglycemic reactions resulting                 2011. His endocrinologist examined him                2015. His endocrinologist examined him
                                                  in loss of consciousness, requiring the                 in 2016 and certified that he has had no              in 2016 and certified that he has had no
                                                  assistance of another person, or                        severe hypoglycemic reactions resulting               severe hypoglycemic reactions resulting
                                                  resulting in impaired cognitive function                in loss of consciousness, requiring the               in loss of consciousness, requiring the
                                                  that occurred without warning in the                    assistance of another person, or                      assistance of another person, or
                                                  past 12 months and no recurrent (2 or                   resulting in impaired cognitive function              resulting in impaired cognitive function
                                                  more) severe hypoglycemic episodes in                   that occurred without warning in the                  that occurred without warning in the
                                                  the last 5 years. His endocrinologist                   past 12 months and no recurrent (2 or                 past 12 months and no recurrent (2 or
                                                  certifies that Mr. Grama understands                    more) severe hypoglycemic episodes in                 more) severe hypoglycemic episodes in
                                                  diabetes management and monitoring,                     the last 5 years. His endocrinologist                 the last 5 years. His endocrinologist
                                                  has stable control of his diabetes using                certifies that Mr. Horvath understands                certifies that Mr. Jones understands
                                                  insulin, and is able to drive a CMV                     diabetes management and monitoring,                   diabetes management and monitoring,
                                                  safely. Mr. Grama meets the                             has stable control of his diabetes using              has stable control of his diabetes using
                                                  requirements of the vision standard at                  insulin, and is able to drive a CMV                   insulin, and is able to drive a CMV
                                                  49 CFR 391.41(b)(10). His optometrist                   safely. Mr. Horvath meets the                         safely. Mr. Jones meets the requirements
                                                  examined him in 2016 and certified that                 requirements of the vision standard at                of the vision standard at 49 CFR
                                                  he does not have diabetic retinopathy.                  49 CFR 391.41(b)(10). His optometrist                 391.41(b)(10). His ophthalmologist
                                                  He holds a Class A CDL from New York.                   examined him in 2016 and certified that               examined him in 2016 and certified that
                                                                                                          he does not have diabetic retinopathy.                he has stable proliferative diabetic
                                                  Rick L. Hendrickson                                                                                           retinopathy. He holds a Class A CDL
                                                                                                          He holds a Class A CDL from Ohio.
                                                    Mr. Hendrickson, 54, has had ITDM                                                                           from Iowa.
                                                  since 2015. His endocrinologist                         Herbert S. Johnson, II
                                                                                                                                                                Charles C. Kennedy
                                                  examined him in 2016 and certified that                   Mr. Johnson, 58, has had ITDM since
                                                                                                                                                                   Mr. Kennedy, 23, has had ITDM since
                                                  he has had no severe hypoglycemic                       2015. His endocrinologist examined him                2013. His endocrinologist examined him
                                                  reactions resulting in loss of                          in 2016 and certified that he has had no              in 2016 and certified that he has had no
                                                  consciousness, requiring the assistance                 severe hypoglycemic reactions resulting               severe hypoglycemic reactions resulting
                                                  of another person, or resulting in                      in loss of consciousness, requiring the               in loss of consciousness, requiring the
                                                  impaired cognitive function that                        assistance of another person, or                      assistance of another person, or
                                                  occurred without warning in the past 12                 resulting in impaired cognitive function              resulting in impaired cognitive function
                                                  months and no recurrent (2 or more)                     that occurred without warning in the                  that occurred without warning in the
                                                  severe hypoglycemic episodes in the                     past 12 months and no recurrent (2 or                 past 12 months and no recurrent (2 or
                                                  last 5 years. His endocrinologist certifies             more) severe hypoglycemic episodes in                 more) severe hypoglycemic episodes in
                                                  that Mr. Hendrickson understands                        the last 5 years. His endocrinologist                 the last 5 years. His endocrinologist
                                                  diabetes management and monitoring,                     certifies that Mr. Johnson understands                certifies that Mr. Kennedy understands
                                                  has stable control of his diabetes using                diabetes management and monitoring,                   diabetes management and monitoring,
                                                  insulin, and is able to drive a CMV                     has stable control of his diabetes using              has stable control of his diabetes using
                                                  safely. Mr. Hendrickson meets the                       insulin, and is able to drive a CMV                   insulin, and is able to drive a CMV
                                                  requirements of the vision standard at                  safely. Mr. Johnson meets the                         safely. Mr. Kennedy meets the
                                                  49 CFR 391.41(b)(10). His optometrist                   requirements of the vision standard at                requirements of the vision standard at
                                                  examined him in 2016 and certified that                 49 CFR 391.41(b)(10). His optometrist                 49 CFR 391.41(b)(10). His optometrist
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                                                  he does not have diabetic retinopathy.                  examined him in 2016 and certified that               examined him in 2016 and certified that
                                                  He holds an operator’s license from                     he does not have diabetic retinopathy.                he does not have diabetic retinopathy.
                                                  North Dakota.                                           He holds a Class A CDL from Iowa.                     He holds an operator’s license from
                                                  Glenn E. Hoffman                                        Randall L. Johnson                                    Utah.
                                                    Mr. Hoffman, 60, has had ITDM since                     Mr. Johnson, 52, has had ITDM since                 John A. Larson
                                                  2015. His endocrinologist examined him                  2016. His endocrinologist examined him                   Mr. Larson, 66, has had ITDM since
                                                  in 2016 and certified that he has had no                in 2016 and certified that he has had no              2012. His endocrinologist examined him


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                                                  72648                       Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices

                                                  in 2016 and certified that he has had no                  Mr. Marquez, 54, has had ITDM since                 William P. McLemore, Jr.
                                                  severe hypoglycemic reactions resulting                 2015. His endocrinologist examined him                  Mr. McLemore, 62, has had ITDM
                                                  in loss of consciousness, requiring the                 in 2016 and certified that he has had no              since 2002. His endocrinologist
                                                  assistance of another person, or                        severe hypoglycemic reactions resulting               examined him in 2016 and certified that
                                                  resulting in impaired cognitive function                in loss of consciousness, requiring the               he has had no severe hypoglycemic
                                                  that occurred without warning in the                    assistance of another person, or                      reactions resulting in loss of
                                                  past 12 months and no recurrent (2 or                   resulting in impaired cognitive function              consciousness, requiring the assistance
                                                  more) severe hypoglycemic episodes in                   that occurred without warning in the                  of another person, or resulting in
                                                  the last 5 years. His endocrinologist                   past 12 months and no recurrent (2 or                 impaired cognitive function that
                                                  certifies that Mr. Larson understands                   more) severe hypoglycemic episodes in                 occurred without warning in the past 12
                                                  diabetes management and monitoring,                     the last 5 years. His endocrinologist                 months and no recurrent (2 or more)
                                                  has stable control of his diabetes using                certifies that Mr. Marquez understands                severe hypoglycemic episodes in the
                                                  insulin, and is able to drive a CMV                     diabetes management and monitoring,                   last 5 years. His endocrinologist certifies
                                                  safely. Mr. Larson meets the                            has stable control of his diabetes using              that Mr. McLemore understands
                                                  requirements of the vision standard at                  insulin, and is able to drive a CMV                   diabetes management and monitoring,
                                                  49 CFR 391.41(b)(10). His optometrist                   safely. Mr. Marquez meets the                         has stable control of his diabetes using
                                                  examined him in 2016 and certified that                 requirements of the vision standard at                insulin, and is able to drive a CMV
                                                  he does not have diabetic retinopathy.                  49 CFR 391.41(b)(10). His optometrist                 safely. Mr. McLemore meets the
                                                  He holds a Class A CDL from                             examined him in 2016 and certified that               requirements of the vision standard at
                                                  Minnesota.                                              he does not have diabetic retinopathy.                49 CFR 391.41(b)(10). His
                                                  Jose A. Lucero                                          He holds a Class A CDL from California.               ophthalmologist examined him in 2016
                                                                                                          George F. McCrory                                     and certified that he does not have
                                                    Mr. Lucero, 59, has had ITDM since
                                                                                                                                                                diabetic retinopathy. He holds a Class B
                                                  2014. His endocrinologist examined him                    Mr. McCrory, 46, has had ITDM since                 CDL from Illinois.
                                                  in 2016 and certified that he has had no                2016. His endocrinologist examined him
                                                  severe hypoglycemic reactions resulting                 in 2016 and certified that he has had no              Jason M. Moch
                                                  in loss of consciousness, requiring the                 severe hypoglycemic reactions resulting                 Mr. Moch, 26, has had ITDM since
                                                  assistance of another person, or                        in loss of consciousness, requiring the               2014. His endocrinologist examined him
                                                  resulting in impaired cognitive function                assistance of another person, or                      in 2016 and certified that he has had no
                                                  that occurred without warning in the                    resulting in impaired cognitive function              severe hypoglycemic reactions resulting
                                                  past 12 months and no recurrent (2 or                   that occurred without warning in the                  in loss of consciousness, requiring the
                                                  more) severe hypoglycemic episodes in                   past 12 months and no recurrent (2 or                 assistance of another person, or
                                                  the last 5 years. His endocrinologist                   more) severe hypoglycemic episodes in                 resulting in impaired cognitive function
                                                  certifies that Mr. Lucero understands                   the last 5 years. His endocrinologist                 that occurred without warning in the
                                                  diabetes management and monitoring,                     certifies that Mr. McCrory understands                past 12 months and no recurrent (2 or
                                                  has stable control of his diabetes using                diabetes management and monitoring,                   more) severe hypoglycemic episodes in
                                                  insulin, and is able to drive a CMV                     has stable control of his diabetes using              the last 5 years. His endocrinologist
                                                  safely. Mr. Lucero meets the                            insulin, and is able to drive a CMV                   certifies that Mr. Moch understands
                                                  requirements of the vision standard at                  safely. Mr. McCrory meets the                         diabetes management and monitoring,
                                                  49 CFR 391.41(b)(10). His                               requirements of the vision standard at                has stable control of his diabetes using
                                                  ophthalmologist examined him in 2016                    49 CFR 391.41(b)(10). His optometrist                 insulin, and is able to drive a CMV
                                                  and certified that he has stable                        examined him in 2016 and certified that               safely. Mr. Moch meets the
                                                  nonproliferative diabetic retinopathy.                  he does not have diabetic retinopathy.                requirements of the vision standard at
                                                  He holds a Class A CDL from Arizona.                    He holds a Class A CDL from Missouri.                 49 CFR 391.41(b)(10). His optometrist
                                                  Gerry A. Lutz                                           Richard R. McDonald                                   examined him in 2016 and certified that
                                                                                                                                                                he does not have diabetic retinopathy.
                                                    Mr. Lutz, 56, has had ITDM since                        Mr. McDonald, 57, has had ITDM                      He holds an operator’s license from
                                                  2015. His endocrinologist examined him                  since 2016. His endocrinologist                       North Dakota.
                                                  in 2016 and certified that he has had no                examined him in 2016 and certified that
                                                  severe hypoglycemic reactions resulting                 he has had no severe hypoglycemic                     George K. Namauu, Jr.
                                                  in loss of consciousness, requiring the                 reactions resulting in loss of                          Mr. Namauu, 49, has had ITDM since
                                                  assistance of another person, or                        consciousness, requiring the assistance               2016. His endocrinologist examined him
                                                  resulting in impaired cognitive function                of another person, or resulting in                    in 2016 and certified that he has had no
                                                  that occurred without warning in the                    impaired cognitive function that                      severe hypoglycemic reactions resulting
                                                  past 12 months and no recurrent (2 or                   occurred without warning in the past 12               in loss of consciousness, requiring the
                                                  more) severe hypoglycemic episodes in                   months and no recurrent (2 or more)                   assistance of another person, or
                                                  the last 5 years. His endocrinologist                   severe hypoglycemic episodes in the                   resulting in impaired cognitive function
                                                  certifies that Mr. Lutz understands                     last 5 years. His endocrinologist certifies           that occurred without warning in the
                                                  diabetes management and monitoring,                     that Mr. McDonald understands                         past 12 months and no recurrent (2 or
                                                  has stable control of his diabetes using                diabetes management and monitoring,                   more) severe hypoglycemic episodes in
                                                  insulin, and is able to drive a CMV                     has stable control of his diabetes using              the last 5 years. His endocrinologist
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                                                  safely. Mr. Lutz meets the requirements                 insulin, and is able to drive a CMV                   certifies that Mr. Namauu understands
                                                  of the vision standard at 49 CFR                        safely. Mr. McDonald meets the                        diabetes management and monitoring,
                                                  391.41(b)(10). His optometrist examined                 requirements of the vision standard at                has stable control of his diabetes using
                                                  him in 2016 and certified that he does                  49 CFR 391.41(b)(10). His optometrist                 insulin, and is able to drive a CMV
                                                  not have diabetic retinopathy. He holds                 examined him in 2016 and certified that               safely. Mr. Namauu meets the
                                                  a Class A CDL from Iowa.                                he does not have diabetic retinopathy.                requirements of the vision standard at
                                                  Gary P. Marquez                                         He holds a Class A CDL from New York.                 49 CFR 391.41(b)(10). His


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                                                                              Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices                                         72649

                                                  ophthalmologist examined him in 2016                    safely. Mr. Preissler meets the                       has stable control of his diabetes using
                                                  and certified that he has stable                        requirements of the vision standard at                insulin, and is able to drive a CMV
                                                  proliferative diabetic retinopathy. He                  49 CFR 391.41(b)(10). His optometrist                 safely. Mr. Runyon meets the
                                                  holds an operator’s license from Hawaii.                examined him in 2016 and certified that               requirements of the vision standard at
                                                                                                          he does not have diabetic retinopathy.                49 CFR 391.41(b)(10). His optometrist
                                                  Ashby J. Nuckols
                                                                                                          He holds an operator’s license from                   examined him in 2016 and certified that
                                                    Mr. Nuckols, 55, has had ITDM since                   Massachusetts.                                        he does not have diabetic retinopathy.
                                                  2015. His endocrinologist examined him                                                                        He holds a Class B CDL from Indiana.
                                                  in 2016 and certified that he has had no                Charles R. Quilty
                                                  severe hypoglycemic reactions resulting                   Mr. Quilty, 55, has had ITDM since                  John B. Simpson
                                                  in loss of consciousness, requiring the                 2016. His endocrinologist examined him                  Mr. Simpson, 72, has had ITDM since
                                                  assistance of another person, or                        in 2016 and certified that he has had no              1976. His endocrinologist examined him
                                                  resulting in impaired cognitive function                severe hypoglycemic reactions resulting               in 2016 and certified that he has had no
                                                  that occurred without warning in the                    in loss of consciousness, requiring the               severe hypoglycemic reactions resulting
                                                  past 12 months and no recurrent (2 or                   assistance of another person, or                      in loss of consciousness, requiring the
                                                  more) severe hypoglycemic episodes in                   resulting in impaired cognitive function              assistance of another person, or
                                                  the last 5 years. His endocrinologist                   that occurred without warning in the                  resulting in impaired cognitive function
                                                  certifies that Mr. Nuckols understands                  past 12 months and no recurrent (2 or                 that occurred without warning in the
                                                  diabetes management and monitoring,                     more) severe hypoglycemic episodes in                 past 12 months and no recurrent (2 or
                                                  has stable control of his diabetes using                the last 5 years. His endocrinologist                 more) severe hypoglycemic episodes in
                                                  insulin, and is able to drive a CMV                     certifies that Mr. Quilty understands                 the last 5 years. His endocrinologist
                                                  safely. Mr. Nuckols meets the                           diabetes management and monitoring,                   certifies that Mr. Simpson understands
                                                  requirements of the vision standard at                  has stable control of his diabetes using              diabetes management and monitoring,
                                                  49 CFR 391.41(b)(10). His                               insulin, and is able to drive a CMV                   has stable control of his diabetes using
                                                  ophthalmologist examined him in 2016                    safely. Mr. Quilty meets the                          insulin, and is able to drive a CMV
                                                  and certified that he does not have                     requirements of the vision standard at                safely. Mr. Simpson meets the
                                                  diabetic retinopathy. He holds a Class A                49 CFR 391.41(b)(10). His                             requirements of the vision standard at
                                                  CDL from Virginia.                                      ophthalmologist examined him in 2016                  49 CFR 391.41(b)(10). His
                                                                                                          and certified that he does not have                   ophthalmologist examined him in 2016
                                                  Encarnacion Oranday, Jr.
                                                                                                          diabetic retinopathy. He holds an                     and certified that he has stable
                                                    Mr. Oranday, 60, has had ITDM since                   operator’s license from Illinois.                     nonproliferative diabetic retinopathy.
                                                  2011. His endocrinologist examined him                                                                        He holds an operator’s license from New
                                                  in 2016 and certified that he has had no                Joseph M. Rowe
                                                                                                                                                                Hampshire.
                                                  severe hypoglycemic reactions resulting                   Mr. Rowe, 60, has had ITDM since
                                                  in loss of consciousness, requiring the                 2015. His endocrinologist examined him                Ronnie J. Smith
                                                  assistance of another person, or                        in 2016 and certified that he has had no                Mr. Smith, 24, has had ITDM since
                                                  resulting in impaired cognitive function                severe hypoglycemic reactions resulting               2006. His endocrinologist examined him
                                                  that occurred without warning in the                    in loss of consciousness, requiring the               in 2016 and certified that he has had no
                                                  past 12 months and no recurrent (2 or                   assistance of another person, or                      severe hypoglycemic reactions resulting
                                                  more) severe hypoglycemic episodes in                   resulting in impaired cognitive function              in loss of consciousness, requiring the
                                                  the last 5 years. His endocrinologist                   that occurred without warning in the                  assistance of another person, or
                                                  certifies that Mr. Oranday understands                  past 12 months and no recurrent (2 or                 resulting in impaired cognitive function
                                                  diabetes management and monitoring,                     more) severe hypoglycemic episodes in                 that occurred without warning in the
                                                  has stable control of his diabetes using                the last 5 years. His endocrinologist                 past 12 months and no recurrent (2 or
                                                  insulin, and is able to drive a CMV                     certifies that Mr. Rowe understands                   more) severe hypoglycemic episodes in
                                                  safely. Mr. Oranday meets the                           diabetes management and monitoring,                   the last 5 years. His endocrinologist
                                                  requirements of the vision standard at                  has stable control of his diabetes using              certifies that Mr. Smith understands
                                                  49 CFR 391.41(b)(10). His optometrist                   insulin, and is able to drive a CMV                   diabetes management and monitoring,
                                                  examined him in 2016 and certified that                 safely. Mr. Rowe meets the requirements               has stable control of his diabetes using
                                                  he does not have diabetic retinopathy.                  of the vision standard at 49 CFR                      insulin, and is able to drive a CMV
                                                  He holds an operator’s license from                     391.41(b)(10). His optometrist examined               safely. Mr. Smith meets the
                                                  Texas.                                                  him in 2016 and certified that he does                requirements of the vision standard at
                                                                                                          not have diabetic retinopathy. He holds               49 CFR 391.41(b)(10). His
                                                  Jonathan P. Preissler
                                                                                                          a Class A CDL from Missouri.                          ophthalmologist examined him in 2016
                                                    Mr. Preissler, 23, has had ITDM since                                                                       and certified that he has stable
                                                  2005. His endocrinologist examined him                  Donald G. Runyon
                                                                                                                                                                nonprofliferative diabetic retinopathy.
                                                  in 2016 and certified that he has had no                  Mr. Runyon, 58, has had ITDM since                  He holds an operator’s license from
                                                  severe hypoglycemic reactions resulting                 2016. His endocrinologist examined him                North Carolina.
                                                  in loss of consciousness, requiring the                 in 2016 and certified that he has had no
                                                  assistance of another person, or                        severe hypoglycemic reactions resulting               Troy Smith
                                                  resulting in impaired cognitive function                in loss of consciousness, requiring the                 Mr. Smith, 46, has had ITDM since
                                                  that occurred without warning in the                    assistance of another person, or                      2016. His endocrinologist examined him
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                                                  past 12 months and no recurrent (2 or                   resulting in impaired cognitive function              in 2016 and certified that he has had no
                                                  more) severe hypoglycemic episodes in                   that occurred without warning in the                  severe hypoglycemic reactions resulting
                                                  the last 5 years. His endocrinologist                   past 12 months and no recurrent (2 or                 in loss of consciousness, requiring the
                                                  certifies that Mr. Preissler understands                more) severe hypoglycemic episodes in                 assistance of another person, or
                                                  diabetes management and monitoring,                     the last 5 years. His endocrinologist                 resulting in impaired cognitive function
                                                  has stable control of his diabetes using                certifies that Mr. Runyon understands                 that occurred without warning in the
                                                  insulin, and is able to drive a CMV                     diabetes management and monitoring,                   past 12 months and no recurrent (2 or


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                                                  72650                       Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices

                                                  more) severe hypoglycemic episodes in                   that occurred without warning in the                  assistance of another person, or
                                                  the last 5 years. His endocrinologist                   past 12 months and no recurrent (2 or                 resulting in impaired cognitive function
                                                  certifies that Mr. Smith understands                    more) severe hypoglycemic episodes in                 that occurred without warning in the
                                                  diabetes management and monitoring,                     the last 5 years. His endocrinologist                 past 12 months and no recurrent (2 or
                                                  has stable control of his diabetes using                certifies that Mr. Vilardo understands                more) severe hypoglycemic episodes in
                                                  insulin, and is able to drive a CMV                     diabetes management and monitoring,                   the last 5 years. His endocrinologist
                                                  safely. Mr. Smith meets the                             has stable control of his diabetes using              certifies that Mr. Young understands
                                                  requirements of the vision standard at                  insulin, and is able to drive a CMV                   diabetes management and monitoring,
                                                  49 CFR 391.41(b)(10). His                               safely. Mr. Vilardo meets the                         has stable control of his diabetes using
                                                  ophthalmologist examined him in 2016                    requirements of the vision standard at                insulin, and is able to drive a CMV
                                                  and certified that he does not have                     49 CFR 391.41(b)(10). His optometrist                 safely. Mr. Young meets the
                                                  diabetic retinopathy. He holds an                       examined him in 2016 and certified that               requirements of the vision standard at
                                                  operator’s license from Ohio.                           he does not have diabetic retinopathy.                49 CFR 391.41(b)(10). His optometrist
                                                                                                          He holds a Class A CDL from Kentucky.                 examined him in 2016 and certified that
                                                  Mitchell A. Thomas
                                                                                                                                                                he does not have diabetic retinopathy.
                                                    Mr. Thomas, 31, has had ITDM since                    Joseph H. Wamsley
                                                                                                                                                                He holds a Class A CDL from
                                                  2015. His endocrinologist examined him                    Mr. Wamsley, 42, has had ITDM since                 Pennsylvania.
                                                  in 2016 and certified that he has had no                2013. His endocrinologist examined him
                                                  severe hypoglycemic reactions resulting                 in 2016 and certified that he has had no              III. Request for Comments
                                                  in loss of consciousness, requiring the                 severe hypoglycemic reactions resulting                  In accordance with 49 U.S.C. 31136(e)
                                                  assistance of another person, or                        in loss of consciousness, requiring the               and 31315, FMCSA requests public
                                                  resulting in impaired cognitive function                assistance of another person, or                      comment from all interested persons on
                                                  that occurred without warning in the                    resulting in impaired cognitive function              the exemption petitions described in
                                                  past 12 months and no recurrent (2 or                   that occurred without warning in the                  this notice. We will consider all
                                                  more) severe hypoglycemic episodes in                   past 12 months and no recurrent (2 or                 comments received before the close of
                                                  the last 5 years. His endocrinologist                   more) severe hypoglycemic episodes in                 business on the closing date indicated
                                                  certifies that Mr. Thomas understands                   the last 5 years. His endocrinologist                 in the date section of the notice.
                                                  diabetes management and monitoring,                     certifies that Mr. Wamsley understands                   FMCSA notes that section 4129 of the
                                                  has stable control of his diabetes using                diabetes management and monitoring,                   Safe, Accountable, Flexible and
                                                  insulin, and is able to drive a CMV                     has stable control of his diabetes using              Efficient Transportation Equity Act: A
                                                  safely. Mr. Thomas meets the                            insulin, and is able to drive a CMV                   Legacy for Users requires the Secretary
                                                  requirements of the vision standard at                  safely. Mr. Wamsley meets the                         to revise its diabetes exemption program
                                                  49 CFR 391.41(b)(10). His optometrist                   requirements of the vision standard at                established on September 3, 2003 (68 FR
                                                  examined him in 2016 and certified that                 49 CFR 391.41(b)(10). His optometrist                 52441)1. The revision must provide for
                                                  he does not have diabetic retinopathy.                  examined him in 2016 and certified that               individual assessment of drivers with
                                                  He holds a Class A CDL from                             he does not have diabetic retinopathy.                diabetes mellitus, and be consistent
                                                  Minnesota.                                              He holds an operator’s license from                   with the criteria described in section
                                                                                                          West Virginia.                                        4018 of the Transportation Equity Act
                                                  James M. Vavao                                                                                                for the 21st Century (49 U.S.C. 31305).
                                                    Mr. Vavao, 47, has had ITDM since                     Richelle Y. Wyatt                                        Section 4129 requires: (1) Elimination
                                                  2005. His endocrinologist examined him                    Ms. Wyatt, 58, has had ITDM since                   of the requirement for 3 years of
                                                  in 2016 and certified that he has had no                2013. Her endocrinologist examined her                experience operating CMVs while being
                                                  severe hypoglycemic reactions resulting                 in 2016 and certified that she has had                treated with insulin; and (2)
                                                  in loss of consciousness, requiring the                 no severe hypoglycemic reactions                      establishment of a specified minimum
                                                  assistance of another person, or                        resulting in loss of consciousness,                   period of insulin use to demonstrate
                                                  resulting in impaired cognitive function                requiring the assistance of another                   stable control of diabetes before being
                                                  that occurred without warning in the                    person, or resulting in impaired                      allowed to operate a CMV.
                                                  past 12 months and no recurrent (2 or                   cognitive function that occurred without                 In response to section 4129, FMCSA
                                                  more) severe hypoglycemic episodes in                   warning in the past 12 months and no                  made immediate revisions to the
                                                  the last 5 years. His endocrinologist                   recurrent (2 or more) severe                          diabetes exemption program established
                                                  certifies that Mr. Vavao understands                    hypoglycemic episodes in the last 5                   by the September 3, 2003 notice.
                                                  diabetes management and monitoring,                     years. Her endocrinologist certifies that             FMCSA discontinued use of the 3-year
                                                  has stable control of his diabetes using                Ms. Wyatt understands diabetes                        driving experience and fulfilled the
                                                  insulin, and is able to drive a CMV                     management and monitoring, has stable                 requirements of section 4129 while
                                                  safely. Mr. Vavao meets the                             control of her diabetes using insulin,                continuing to ensure that operation of
                                                  requirements of the vision standard at                  and is able to drive a CMV safely. Ms.                CMVs by drivers with ITDM will
                                                  49 CFR 391.41(b)(10). His optometrist                   Wyatt meets the requirements of the                   achieve the requisite level of safety
                                                  examined him in 2016 and certified that                 vision standard at 49 CFR 391.41(b)(10).              required of all exemptions granted
                                                  he does not have diabetic retinopathy.                  Her optometrist examined him in 2016                  under 49 U.S.C.. 31136 (e).
                                                  He holds a Class B CDL from California.                 and certified that he does not have                      Section 4129(d) also directed FMCSA
                                                                                                          diabetic retinopathy. She holds a Class               to ensure that drivers of CMVs with
                                                  Steven A. Vilardo                                                                                             ITDM are not held to a higher standard
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                                                                                                          B CDL from Pennsylvania.
                                                    Mr. Vilardo, 48, has had ITDM since                                                                         than other drivers, with the exception of
                                                  2016. His endocrinologist examined him                  Roy O. Young                                          limited operating, monitoring and
                                                  in 2016 and certified that he has had no                  Mr. Young, 60, has had ITDM since
                                                                                                                                                                   1 Section 4129(a) refers to the 2003 notice as a
                                                  severe hypoglycemic reactions resulting                 2016. His endocrinologist examined him
                                                                                                                                                                ‘‘final rule.’’ However, the 2003 notice did not issue
                                                  in loss of consciousness, requiring the                 in 2016 and certified that he has had no              a ‘‘final rule’’ but did establish the procedures and
                                                  assistance of another person, or                        severe hypoglycemic reactions resulting               standards for issuing exemptions for drivers with
                                                  resulting in impaired cognitive function                in loss of consciousness, requiring the               ITDM.



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                                                                              Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices                                         72651

                                                  medical requirements that are deemed                    DEPARTMENT OF TRANSPORTATION                          September 6, 2016, and no comments
                                                  medically necessary.                                                                                          were received.
                                                    The FMCSA concluded that all of the                   Federal Motor Carrier Safety                            FMCSA has evaluated the eligibility
                                                                                                          Administration                                        of the 47 applicants and determined that
                                                  operating, monitoring and medical
                                                                                                                                                                granting the exemptions to these
                                                  requirements set out in the September 3,                [FMCSA Docket No. FMCSA–2016–0043]
                                                                                                                                                                individuals would achieve a level of
                                                  2003 notice, except as modified, were in
                                                                                                          Qualification of Drivers; Exemption                   safety equivalent to or greater than the
                                                  compliance with section 4129(d).                                                                              level that would be achieved by
                                                  Therefore, all of the requirements set                  Applications; Diabetes Mellitus
                                                                                                                                                                complying with the current regulation
                                                  out in the September 3, 2003 notice,                    AGENCY: Federal Motor Carrier Safety                  49 CFR 391.41(b)(3).
                                                  except as modified by the notice in the                 Administration (FMCSA), DOT
                                                  Federal Register on November 8, 2005                                                                          Diabetes Mellitus and Driving
                                                                                                          ACTION: Notice of final disposition.                  Experience of the Applicants
                                                  (70 FR 67777), remain in effect.
                                                                                                          SUMMARY: FMCSA confirms its decision                     The Agency established the current
                                                  IV. Submitting Comments
                                                                                                          to exempt 47 individuals from its rule                requirement for diabetes in 1970
                                                     You may submit your comments and                     prohibiting persons with insulin-treated              because several risk studies indicated
                                                  material online or by fax, mail, or hand                diabetes mellitus (ITDM) from operating               that drivers with diabetes had a higher
                                                  delivery, but please use only one of                    commercial motor vehicles (CMVs) in                   rate of crash involvement than the
                                                  these means. FMCSA recommends that                      interstate commerce. The exemptions                   general population. The diabetes rule
                                                  you include your name and a mailing                     enable these individuals to operate                   provides that ‘‘A person is physically
                                                  address, an email address, or a phone                   CMVs in interstate commerce.                          qualified to drive a commercial motor
                                                  number in the body of your document                                                                           vehicle if that person has no established
                                                                                                          DATES: The exemptions were effective
                                                  so that FMCSA can contact you if there                                                                        medical history or clinical diagnosis of
                                                                                                          on September 7, 2016. The exemptions
                                                  are questions regarding your                                                                                  diabetes mellitus currently requiring
                                                                                                          expire on September 7, 2018.
                                                  submission.                                                                                                   insulin for control’’ (49 CFR
                                                                                                          FOR FURTHER INFORMATION CONTACT: Ms.                  391.41(b)(3)).
                                                     To submit your comment online, go to                 Christine A. Hydock, Chief, Medical                      FMCSA established its diabetes
                                                  http://www.regulations.gov and in the                   Programs Division, (202) 366–4001,                    exemption program, based on the
                                                  search box insert the docket number                     fmcsamedical@dot.gov, FMCSA,                          Agency’s July 2000 study entitled ‘‘A
                                                  FMCSA–2016–0223 and click the search                    Department of Transportation, 1200                    Report to Congress on the Feasibility of
                                                  button. When the new screen appears,                    New Jersey Avenue SE., Room W64–                      a Program to Qualify Individuals with
                                                  click on the blue ‘‘Comment Now!’’                      113, Washington, DC 20590–0001.                       Insulin-Treated Diabetes Mellitus to
                                                  button on the right hand side of the                    Office hours are from 8:30 a.m. to 5 p.m.             Operate in Interstate Commerce as
                                                  page. On the new page, enter                            e.t., Monday through Friday, except                   Directed by the Transportation Act for
                                                  information required including the                      Federal holidays.                                     the 21st Century.’’ The report concluded
                                                  specific section of this document to                    SUPPLEMENTARY INFORMATION:                            that a safe and practicable protocol to
                                                  which each comment applies, and                                                                               allow some drivers with ITDM to
                                                                                                          I. Electronic Access                                  operate CMVs is feasible. The
                                                  provide a reason for each suggestion or
                                                  recommendation. If you submit your                        You may see all the comments online                 September 3, 2003 (68 FR 52441),
                                                  comments by mail or hand delivery,                      through the Federal Document                          Federal Register notice in conjunction
                                                  submit them in an unbound format, no                    Management System (FDMS) at: http://                  with the November 8, 2005 (70 FR
                                                  larger than 81⁄2 by 11 inches, suitable for             www.regulations.gov.                                  67777), Federal Register notice provides
                                                  copying and electronic filing. If you                     Docket: For access to the docket to                 the current protocol for allowing such
                                                  submit comments by mail and would                       read background documents or                          drivers to operate CMVs in interstate
                                                  like to know that they reached the                      comments, go to http://                               commerce.
                                                  facility, please enclose a stamped, self-               www.regulations.gov and/or Room                          These 47 applicants have had ITDM
                                                  addressed postcard or envelope.                         W12–140 on the ground level of the                    over a range of 1 to 36 years. These
                                                                                                          West Building, 1200 New Jersey Avenue                 applicants report no severe
                                                     We will consider all comments and                                                                          hypoglycemic reactions resulting in loss
                                                                                                          SE., Washington, DC, between 9 a.m.
                                                  material received during the comment                                                                          of consciousness or seizure, requiring
                                                                                                          and 5 p.m., Monday through Friday,
                                                  period. FMCSA may issue a final                                                                               the assistance of another person, or
                                                                                                          except Federal holidays.
                                                  determination at any time after the close                                                                     resulting in impaired cognitive function
                                                                                                            Privacy Act: In accordance with 5
                                                  of the comment period.                                                                                        that occurred without warning
                                                                                                          U.S.C. 553(c), DOT solicits comments
                                                  V. Viewing Comments and Documents                       from the public to better inform its                  symptoms, in the past 12 months and no
                                                                                                          rulemaking process. DOT posts these                   recurrent (2 or more) severe
                                                    To view comments, as well as any                      comments, without edit, including any                 hypoglycemic episodes in the past 5
                                                  documents mentioned in this preamble,                   personal information the commenter                    years. In each case, an endocrinologist
                                                  go to http://www.regulations.gov and in                 provides, to www.regulations.gov, as                  verified that the driver has
                                                  the search box insert the docket number                 described in the system of records                    demonstrated a willingness to properly
                                                  FMCSA–2016–0223 and click ‘‘Search.’’                   notice (DOT/ALL–14 FDMS), which can                   monitor and manage his/her diabetes
                                                  Next, click ‘‘Open Docket Folder’’ and                  be reviewed at www.dot.gov/privacy.                   mellitus, received education related to
                                                  you will find all documents and                                                                               diabetes management, and is on a stable
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                                                  comments related to this notice.                        II. Background                                        insulin regimen. These drivers report no
                                                    Issued on: October 14, 2016.                            On August 4, 2016, FMCSA published                  other disqualifying conditions,
                                                                                                          a notice of receipt of Federal diabetes               including diabetes-related
                                                  Larry W. Minor,
                                                                                                          exemption applications from 47                        complications. The qualifications and
                                                  Associate Administrator for Policy.                     individuals and requested comments                    medical condition of each applicant
                                                  [FR Doc. 2016–25379 Filed 10–19–16; 8:45 am]            from the public (81 FR 51541. The                     were stated and discussed in detail in
                                                  BILLING CODE 4910–EX–P                                  public comment period closed on                       the August 4, 2016, Federal Register


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Document Created: 2016-10-21 09:58:58
Document Modified: 2016-10-21 09:58:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of applications for exemptions; request for comments.
DatesComments must be received on or before November 21, 2016.
ContactMs. 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 Citation81 FR 72644 

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