81 FR 85312 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 227 (November 25, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 227 (November 25, 2016)
| Page Range | 85312-85317 | |
| FR Document | 2016-28368 |
[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)] [Notices] [Pages 85312-85317] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28368] [[Page 85312]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0379] Qualification of Drivers; Exemption Applications; Diabetes Mellitus AGENCY: Federal Motor Carrier Safety Administration (FMCSA). ACTION: Notice of applications for exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from 39 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce. DATES: Comments must be received on or before December 27, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2016-0379 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., e.t., 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., e.t., Monday through Friday, except Federal holidays. The Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self- addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal Motor Carrier Safety Regulations for a 2-year period if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute also allows the Agency to renew exemptions at the end of the 2-year period. The 39 individuals listed in this notice have recently requested such an exemption from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers of CMVs in interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. II. Qualifications of Applicants Mitchell G. Aucoin Mr. Aucoin, 24, 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. Aucoin understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Aucoin 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 New Hampshire. Nelson T. Barninger Mr. Barninger, 67, 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. Barninger understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Barninger meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Pennsylvania. Thomas J. Bonura Mr. Bonura, 60, 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. Bonura understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Bonura 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 Texas. Todd M. Boughter Mr. Boughter, 40, 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. Boughter understands diabetes management and monitoring, [[Page 85313]] has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Boughter 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 Pennsylvania. Bradley J. Brown Mr. Brown, 26, has had ITDM since 1997. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. 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 an operator's license from Ohio. Alex Caterson Mr. Caterson, 40, has had ITDM since 1977. 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. Caterson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Caterson 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. Kimberly J. Davis Ms. Davis, 60, has had ITDM since 2015. 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. Davis understands diabetes management and monitoring has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Davis meets the requirements of the vision standard at 49 CFR 391.41(b)(10). Her ophthalmologist examined her in 2016 and certified that she does not have diabetic retinopathy. She holds a Class B CDL from Connecticut. Earl C. Duke, 2nd Mr. Duke, 47, 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. Duke understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Duke meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Virginia. David A. Evans Mr. Evans, 62, 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. Evans understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Evans 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. Robert H. Haines Mr. Haines, 55, has had ITDM since 2014. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Haines understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Haines 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 Pennsylvania. Anthony L. Hamilton Mr. Hamilton, 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. Hamilton understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hamilton 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 Texas. Jeremy E. Hartig Mr. Hartig, 35, 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. Hartig understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hartig 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. Donovan K. Helton Mr. Helton, 46, has had ITDM since 2015. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting [[Page 85314]] 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. Helton understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Helton 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 Virginia. Thomas M. Howie, 3rd Mr. Howie, 59, 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. Howie understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Howie 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 Arkansas. Gary A. Kestner Mr. Kestner, 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. Kestner understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Kestner 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 West Virginia. Ricky W. Knudsen Mr. Knudsen, 57, has had ITDM since 1978. 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. Knudsen understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Knudsen 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 Minnesota. Brandon S. Koehn Mr. Koehn, 36, has had ITDM since 1985. 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. Koehn understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Koehn 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 Kansas. Victor R. Lanza-Contreras Mr. Lanza-Contreras, 41, has had ITDM since 2010. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Lanza-Contreras understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Lanza-Contreras 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 Maryland. Oscar A. Lazo Mr. Lazo, 26, has had ITDM since 1995. 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. Lazo understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Lazo 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 Idaho. Stephen B. Macisaac Mr. Macisaac, 44, has had ITDM since 1981. 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. Macisaac understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Macisaac meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2016 and certified that he has stable proliferative diabetic retinopathy. He holds a Class A CDL from New York. Corey M. McCormack Mr. McCormack, 21, 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. McCormack understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. McCormack meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that [[Page 85315]] he does not have diabetic retinopathy. He holds an operator's license from California. William D. Meier Mr. Meier, 66, 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. Meier understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Meier 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 Kentucky. Melvin W. Miller Mr. Miller, 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. Miller understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Miller meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Michigan. Lyman D. Myron Mr. Myron, 61, 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. Myron understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Myron 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 Arizona. Anthony H. Patrick Mr. Patrick, 42, 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. Patrick understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Patrick 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. Danny L. Peterson Mr. Peterson, 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. Peterson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Peterson 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. Eugene P. Roever Mr. Roever, 68, 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. Roever understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Roever 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 Arkansas. William P. Rossi Mr. Rossi, 28, 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. Rossi understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Rossi 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. Jim W. Royer Mr. Royer, 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. Royer understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Royer 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. Robert L. Rich, Jr. Mr. Rich, 70, 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. Rich understands diabetes management and monitoring, has stable control of his diabetes using [[Page 85316]] insulin, and is able to drive a CMV safely. Mr. Rich 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. George H. Saenz Mr. Saenz, 62, 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. Saenz understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Saenz meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds an operator's license from Oregon. David E. Schoch, Jr. Mr. Schoch, 58, 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. Schoch understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Schoch 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 Jersey. Bobbie G. Sharp, Sr. Mr. Sharp, 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. Sharp understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Sharp 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. George A. Skelton Mr. Skelton, 57, has had ITDM since 2010. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Skelton understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Skelton 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. Joshua D. Taylor Mr. Taylor, 43, has had ITDM since 2016. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Taylor understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Taylor meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Missouri. Daniel G. Van Listenborgh Mr. Van Listenborgh, 63, 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. Van Listenborgh understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Van Listenborgh meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Wyoming. Clyde L. Weaver Mr. Weaver, 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. Weaver understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Weaver 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 North Carolina. Jason A. Weiss Mr. Weiss, 38, 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. Weiss understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Weiss meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds an operator's license from Illinois. John R. Wilson Mr. Wilson, 59, has had ITDM since 2013. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the [[Page 85317]] past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Wilson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Wilson 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 Georgia. III. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the date section of the notice. FMCSA notes that section 4129 of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users requires the Secretary to revise its diabetes exemption program established on September 3, 2003 (68 FR 52441). \1\ The revision must provide for individual assessment of drivers with diabetes mellitus, and be consistent with the criteria described in section 4018 of the Transportation Equity Act for the 21st Century (49 U.S.C. 31305). --------------------------------------------------------------------------- \1\ Section 4129(a) refers to the 2003 notice as a ``final rule.'' However, the 2003 notice did not issue a ``final rule'' but did establish the procedures and standards for issuing exemptions for drivers with ITDM. --------------------------------------------------------------------------- Section 4129 requires: (1) Elimination of the requirement for 3 years of experience operating CMVs while being treated with insulin; and (2) establishment of a specified minimum period of insulin use to demonstrate stable control of diabetes before being allowed to operate a CMV. In response to section 4129, FMCSA made immediate revisions to the diabetes exemption program established by the September 3, 2003 notice. FMCSA discontinued use of the 3-year driving experience and fulfilled the requirements of section 4129 while continuing to ensure that operation of CMVs by drivers with ITDM will achieve the requisite level of safety required of all exemptions granted under 49 U.S.C. 31136(e). Section 4129(d) also directed FMCSA to ensure that drivers of CMVs with ITDM are not held to a higher standard than other drivers, with the exception of limited operating, monitoring and medical requirements that are deemed medically necessary. The FMCSA concluded that all of the operating, monitoring and medical requirements set out in the September 3, 2003 notice, except as modified, were in compliance with section 4129(d). Therefore, all of the requirements set out in the September 3, 2003 notice, except as modified by the notice in the Federal Register on November 8, 2005 (70 FR 67777), remain in effect. IV. Submitting Comments You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2016-0379 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-2016-0379 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: November 16, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-28368 Filed 11-23-16; 8:45 am] BILLING CODE 4910-EX-P
![85312 Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Notices
DEPARTMENT OF TRANSPORTATION acknowledgment that we received your requirements of the vision standard at
comments, please include a self- 49 CFR 391.41(b)(10). His
Federal Motor Carrier Safety addressed, stamped envelope or ophthalmologist examined him in 2016
Administration postcard or print the acknowledgement and certified that he does not have
[Docket No. FMCSA–2016–0379] page that appears after submitting diabetic retinopathy. He holds a Class A
comments on-line. CDL from New Hampshire.
Qualification of Drivers; Exemption Privacy Act: In accordance with 5
Nelson T. Barninger
Applications; Diabetes Mellitus U.S.C. 553(c), DOT solicits comments
from the public to better inform its Mr. Barninger, 67, has had ITDM
AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these since 2011. His endocrinologist
Administration (FMCSA). comments, without edit, including any examined him in 2016 and certified that
ACTION: Notice of applications for personal information the commenter he has had no severe hypoglycemic
exemptions; request for comments. provides, to www.regulations.gov, as reactions resulting in loss of
described in the system of records consciousness, requiring the assistance
SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can of another person, or resulting in
applications from 39 individuals for be reviewed at www.dot.gov/privacy. impaired cognitive function that
exemption from the prohibition against FOR FURTHER INFORMATION CONTACT: Ms. occurred without warning in the past 12
persons with insulin-treated diabetes Christine A. Hydock, Chief, Medical months and no recurrent (2 or more)
mellitus (ITDM) operating commercial Programs Division, (202) 366–4001, severe hypoglycemic episodes in the
motor vehicles (CMVs) in interstate fmcsamedical@dot.gov, FMCSA, last 5 years. His endocrinologist certifies
commerce. If granted, the exemptions Department of Transportation, 1200 that Mr. Barninger understands diabetes
would enable these individuals with New Jersey Avenue SE., Room W64– management and monitoring, has stable
ITDM to operate CMVs in interstate 113, Washington, DC 20590–0001. control of his diabetes using insulin,
commerce. Office hours are 8:30 a.m. to 5 p.m., e.t., and is able to drive a CMV safely. Mr.
DATES: Comments must be received on Monday through Friday, except Federal Barninger meets the requirements of the
or before December 27, 2016. holidays. vision standard at 49 CFR 391.41(b)(10).
His ophthalmologist examined him in
ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION:
2016 and certified that he does not have
bearing the Federal Docket Management I. Background diabetic retinopathy. He holds a Class B
System (FDMS) Docket No. FMCSA– CDL from Pennsylvania.
2016–0379 using any of the following Under 49 U.S.C. 31136(e) and 31315,
methods: FMCSA may grant an exemption from Thomas J. Bonura
• Federal eRulemaking Portal: Go to the Federal Motor Carrier Safety
Mr. Bonura, 60, has had ITDM since
http://www.regulations.gov. Follow the Regulations for a 2-year period if it finds
2013. His endocrinologist examined him
on-line instructions for submitting ‘‘such exemption would likely achieve a
in 2016 and certified that he has had no
comments. level of safety that is equivalent to or
severe hypoglycemic reactions resulting
• Mail: Docket Management Facility; greater than the level that would be
in loss of consciousness, requiring the
U.S. Department of Transportation, 1200 achieved absent such exemption.’’ The
assistance of another person, or
New Jersey Avenue SE., West Building statute also allows the Agency to renew
resulting in impaired cognitive function
Ground Floor, Room W12–140, exemptions at the end of the 2-year
that occurred without warning in the
Washington, DC 20590–0001. period. The 39 individuals listed in this
past 12 months and no recurrent (2 or
• Hand Delivery: West Building notice have recently requested such an
more) severe hypoglycemic episodes in
Ground Floor, Room W12–140, 1200 exemption from the diabetes prohibition
the last 5 years. His endocrinologist
New Jersey Avenue SE., Washington, in 49 CFR 391.41(b)(3), which applies to
certifies that Mr. Bonura understands
DC, between 9 a.m. and 5 p.m., e.t., drivers of CMVs in interstate commerce.
diabetes management and monitoring,
Monday through Friday, except Federal Accordingly, the Agency will evaluate
has stable control of his diabetes using
Holidays. the qualifications of each applicant to
insulin, and is able to drive a CMV
• Fax: 1–202–493–2251. determine whether granting the
safely. Mr. Bonura meets the
Instructions: Each submission must exemption will achieve the required
requirements of the vision standard at
include the Agency name and the level of safety mandated by statute.
49 CFR 391.41(b)(10). His
docket numbers for this notice. Note II. Qualifications of Applicants ophthalmologist examined him in 2016
that all comments received will be and certified that he does not have
posted without change to http:// Mitchell G. Aucoin
diabetic retinopathy. He holds a Class A
www.regulations.gov, including any Mr. Aucoin, 24, has had ITDM since CDL from Texas.
personal information provided. Please 2016. His endocrinologist examined him
see the Privacy Act heading below for in 2016 and certified that he has had no Todd M. Boughter
further information. severe hypoglycemic reactions resulting Mr. Boughter, 40, has had ITDM since
Docket: For access to the docket to in loss of consciousness, requiring the 2013. His endocrinologist examined him
read background documents or assistance of another person, or in 2016 and certified that he has had no
comments, go to http:// resulting in impaired cognitive function severe hypoglycemic reactions resulting
www.regulations.gov at any time or that occurred without warning in the in loss of consciousness, requiring the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Room W12–140 on the ground level of past 12 months and no recurrent (2 or assistance of another person, or
the West Building, 1200 New Jersey more) severe hypoglycemic episodes in resulting in impaired cognitive function
Avenue SE., Washington, DC, between 9 the last 5 years. His endocrinologist that occurred without warning in the
a.m. and 5 p.m., e.t., Monday through certifies that Mr. Aucoin understands past 12 months and no recurrent (2 or
Friday, except Federal holidays. The diabetes management and monitoring, more) severe hypoglycemic episodes in
Federal Docket Management System has stable control of his diabetes using the last 5 years. His endocrinologist
(FDMS) is available 24 hours each day, insulin, and is able to drive a CMV certifies that Mr. Boughter understands
365 days each year. If you want safely. Mr. Aucoin meets the diabetes management and monitoring,
VerDate Sep<11>2014 18:57 Nov 23, 2016 Jkt 241001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\25NON1.SGM 25NON1](https://thefederalregister.org/doc/81_FR_85539/page/1.svg)
![Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Notices 85317
past 12 months and no recurrent (2 or The FMCSA concluded that all of the DEPARTMENT OF TRANSPORTATION
more) severe hypoglycemic episodes in operating, monitoring and medical
the last 5 years. His endocrinologist requirements set out in the September 3, Federal Motor Carrier Safety
certifies that Mr. Wilson understands 2003 notice, except as modified, were in Administration
diabetes management and monitoring, compliance with section 4129(d).
has stable control of his diabetes using [Docket No. FMCSA–2011–0382; FMCSA–
Therefore, all of the requirements set 2011–0383; FMCSA–2013–0194; FMCSA–
insulin, and is able to drive a CMV out in the September 3, 2003 notice, 2014–0012; FMCSA–2014–0013]
safely. Mr. Wilson meets the except as modified by the notice in the
requirements of the vision standard at Federal Register on November 8, 2005 Qualification of Drivers; Exemption
49 CFR 391.41(b)(10). His (70 FR 67777), remain in effect. Applications; Diabetes
ophthalmologist examined him in 2016
and certified that he does not have IV. Submitting Comments AGENCY: Federal Motor Carrier Safety
diabetic retinopathy. He holds an Administration (FMCSA), DOT.
operator’s license from Georgia. You may submit your comments and ACTION: Notice of renewal of
material online or by fax, mail, or hand exemptions; request for comments.
III. Request for Comments delivery, but please use only one of
In accordance with 49 U.S.C. 31136(e) these means. FMCSA recommends that SUMMARY: FMCSA announces its
and 31315, FMCSA requests public you include your name and a mailing decision to renew the exemptions of 47
comment from all interested persons on address, an email address, or a phone individuals from its rule prohibiting
the exemption petitions described in number in the body of your document persons with insulin-treated diabetes
this notice. We will consider all so that FMCSA can contact you if there mellitus (ITDM) from operating
comments received before the close of are questions regarding your commercial motor vehicles (CMVs) in
business on the closing date indicated submission. interstate commerce. FMCSA has
in the date section of the notice. statutory authority to exempt
To submit your comment online, go to
FMCSA notes that section 4129 of the individuals from this rule if the
http://www.regulations.gov and in the exemptions granted will not
Safe, Accountable, Flexible and
search box insert the docket number compromise safety. The Agency has
Efficient Transportation Equity Act: A
Legacy for Users requires the Secretary FMCSA–2016–0379 and click the search concluded that granting these
to revise its diabetes exemption program button. When the new screen appears, exemption renewals will provide a level
established on September 3, 2003 (68 FR click on the blue ‘‘Comment Now!’’ of safety that is equivalent to or greater
52441). 1 The revision must provide for button on the right hand side of the than the level of safety maintained
individual assessment of drivers with page. On the new page, enter without the exemptions for these CMV
diabetes mellitus, and be consistent information required including the drivers.
with the criteria described in section specific section of this document to DATES: Each group of renewed
4018 of the Transportation Equity Act which each comment applies, and exemptions are effective from the dates
for the 21st Century (49 U.S.C. 31305). provide a reason for each suggestion or stated in the discussions below.
Section 4129 requires: (1) Elimination recommendation. If you submit your Comments must be received on or
of the requirement for 3 years of comments by mail or hand delivery, before December 27, 2016.
experience operating CMVs while being submit them in an unbound format, no ADDRESSES: You may submit comments
treated with insulin; and (2) larger than 81⁄2 by 11 inches, suitable for bearing the Federal Docket Management
establishment of a specified minimum copying and electronic filing. If you System (FDMS) numbers: Docket No.
period of insulin use to demonstrate submit comments by mail and would FMCSA–2011–0382; FMCSA–2011–
stable control of diabetes before being like to know that they reached the 0383; FMCSA–2013–0194; FMCSA–
allowed to operate a CMV. facility, please enclose a stamped, self- 2014–0012; FMCSA–2014–0013, using
In response to section 4129, FMCSA addressed postcard or envelope. any of the following methods:
made immediate revisions to the • Federal eRulemaking Portal: Go to
diabetes exemption program established We will consider all comments and
material received during the comment http://www.regulations.gov. Follow the
by the September 3, 2003 notice. on-line instructions for submitting
FMCSA discontinued use of the 3-year period. FMCSA may issue a final
determination at any time after the close comments.
driving experience and fulfilled the • Mail: Docket Management Facility;
requirements of section 4129 while of the comment period.
U.S. Department of Transportation, 1200
continuing to ensure that operation of V. Viewing Comments and Documents New Jersey Avenue SE., West Building
CMVs by drivers with ITDM will Ground Floor, Room W12–140,
achieve the requisite level of safety To view comments, as well as any Washington, DC 20590–0001.
required of all exemptions granted documents mentioned in this preamble, • Hand Delivery or Courier: West
under 49 U.S.C. 31136(e). go to http://www.regulations.gov and in Building Ground Floor, Room W12–140,
Section 4129(d) also directed FMCSA the search box insert the docket number 1200 New Jersey Avenue SE.,
to ensure that drivers of CMVs with FMCSA–2016–0379 and click ‘‘Search.’’ Washington, DC, between 9 a.m. and 5
ITDM are not held to a higher standard Next, click ‘‘Open Docket Folder’’ and p.m., Monday through Friday, except
than other drivers, with the exception of you will find all documents and Federal Holidays.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
limited operating, monitoring and comments related to this notice. • Fax: 1–202–493–2251.
medical requirements that are deemed Instructions: Each submission must
medically necessary. Issued on: November 16, 2016.
include the Agency name and the
Larry W. Minor,
docket number for this notice. Note that
1 Section 4129(a) refers to the 2003 notice as a Associate Administrator for Policy. DOT posts all comments received
‘‘final rule.’’ However, the 2003 notice did not issue [FR Doc. 2016–28368 Filed 11–23–16; 8:45 am]
a ‘‘final rule’’ but did establish the procedures and
without change to http://
standards for issuing exemptions for drivers with BILLING CODE 4910–EX–P www.regulations.gov, including any
ITDM. personal information included in a
VerDate Sep<11>2014 18:57 Nov 23, 2016 Jkt 241001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\25NON1.SGM 25NON1](https://thefederalregister.org/doc/81_FR_85539/page/6.svg)
Document Created: 2016-11-23 23:18:26
Document Modified: 2016-11-23 23:18:26
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of applications for exemptions; request for comments. | |
| Dates | Comments must be received on or before December 27, 2016. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. | |
| FR Citation | 81 FR 85312 |
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