82 FR 3845 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 8 (January 12, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 8 (January 12, 2017)
| Page Range | 3845-3851 | |
| FR Document | 2017-00519 |
[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)] [Notices] [Pages 3845-3851] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00519] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0382] 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 47 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 February 13, 2017. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2016-0382 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 47 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 Luciano Abreu Mr. Abreu, 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. Abreu understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Abreu 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 New Jersey. Louis I. Alonzo Mr. Alonzo, 45, has had ITDM since 2016. His endocrinologist examined him in 2016 and certified that he has had no [[Page 3846]] 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. Alonzo understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Alonzo 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. John P. Botcher Mr. Botcher, 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. Botcher understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Botcher 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 Wisconsin. Mark D. Breskey Mr. Breskey, 51, has had ITDM since 1990. 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. Breskey understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Breskey 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 Illinois. Cornelius T. Brooks Mr. Brooks, 54, has had ITDM since 2106. 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. Brooks understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Brooks 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. Donald E. Brown Mr. Brown, 59, has had ITDM since 2016. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. 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 ophthalmologist examined him in 2016 and certified that he has stable nonproliferative and stable proliferative diabetic retinopathy. He holds a Class A CDL from Illinois. Armando Camacho Nunez Mr. Camacho Nunez, 56, 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. Camacho Nunez understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Camacho Nunez 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 Washington. Robert P. Coutu Mr. Coutu, 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. Coutu understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Coutu 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 Rhode Island. John J. Crance, Jr. Mr. Crance, 46, 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. Crance understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Crance meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2016 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class B CDL from New York. Frank Croce Mr. Croce, 63, has had ITDM since 2004. 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. Croce understands diabetes management and monitoring, [[Page 3847]] has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Croce 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 New York. Kevin S. Cuberson Mr. Cuberson, 56, 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. Cuberson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Cuberson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds an operator's license from North Carolina. William T. DeGarmo Mr. DeGarmo, 40, 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. DeGarmo understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. DeGarmo 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 Oregon. David J. Dionne Mr. Dionne, 57, has had ITDM since 2001. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Dionne understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Dionne 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 Hampshire. Raymond J. Dionne Mr. Dionne, 66, 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. Dionne understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Dionne 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 Hampshire. Steven W. Doutt Mr. Doutt, 51, 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. Doutt understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Doutt 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. Brian J. Dunn Mr. Dunn, 59, has had ITDM since 2016. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Dunn understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Dunn meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Massachusetts. Jason E. Earlywine Mr. Earlywine, 42, 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. Earlywine understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Earlywine 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 D CDL from Kentucky. William J. Evans Mr. Evans, 67, 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. 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 ophthalmologist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds an operator's license from Virginia. Brandon J. Fonstad Mr. Fonstad, 21, 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 [[Page 3848]] 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. Fonstad understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Fonstad 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. Raymond M. Garron Mr. Garron, 36, has had ITDM since 1990. 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. Garron understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Garron 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 South Carolina. Ms. Jill M. Hall Ms. Hall, 41, 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. Hall understands diabetes management and monitoring has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Hall 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 Maine. Eugene C. Hamilton Mr. Hamilton, 48, has had ITDM since 1979. 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 ophthalmologist examined him in 2016 and certified that he has stable proliferative diabetic retinopathy. He holds a Class A CDL from North Carolina. Robert C. Hanna Mr. Hanna, 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. Hanna understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hanna 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. Richard L. Hart Mr. Hart, 69, 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. Hart understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hart 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 E CDL from Michigan. Rafael Hecht Mr. Hecht, 26, has had ITDM since 2001. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Hecht understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hecht 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 Indiana. Tony L. Hopper Mr. Hopper, 57, 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. Hopper understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hopper meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Illinois. Robert J. Hough Mr. Hough, 64, has had ITDM since 2013. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Hough understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hough meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. [[Page 3849]] He holds an operator's license from Maryland. Curran P. Jones Mr. Jones, 27, 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. 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 optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds an operator's license from Arizona. Ryan W. Koski Mr. Koski, 23, 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. Koski understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Koski 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 Michigan. Forrest M. Land, Jr. Mr. Land, 24, 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. Land understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Land meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds an operator's license from Texas. Allan M. Lewis Mr. Lewis, 56, 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. Lewis understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Lewis meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Maine. Jordan H. Little Mr. Little, 22, 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. Little understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Little meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds an operator's license from New York. Nicolas G. Lopez Mr. Lopez, 25, 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. Lopez understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Lopez 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. Michael R. Ludowese Mr. Ludowese, 35, has had ITDM since 2009. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Ludowese understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Ludowese 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. Brian L. Lynch Mr. Lynch, 35, has had ITDM since 2008. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Lynch understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Lynch 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 Connecticut. Marten L. Matuszewski Mr. Matuszewski, 67, 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. Matuszewski understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV [[Page 3850]] safely. Mr. Matuszewski 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. Thomas W. Mitchell, III Mr. Mitchell, 29, 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. Mitchell understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Mitchell meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2016 and certified that he has stable nonproliferative diabetic retinopathy. He holds an operator's license from Ohio. David M. Molnar Mr. Molnar, 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. Molnar understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Molnar 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 Pennsylvania. Anthony G. Monaghan Mr. Monaghan, 34, has had ITDM since 1996. 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. Monaghan understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Monaghan meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds an operator's license from New York. Jose N. Negron Mr. Negron, 41, has had ITDM since 1982. 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. Negron understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Negron meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2016 and certified that he has stable proliferative diabetic retinopathy. He holds an operator's license from New Jersey. Michael J. Perfect Mr. Perfect, 51, 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. Perfect understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Perfect 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 Washington. Lowell A. Reigel, Jr. Mr. Reigel, 53, 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. Reigel understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Reigel 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. Jennifer L. Schroeder Ms. Schroeder, 42, has had ITDM since 1991. 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. Schroeder understands diabetes management and monitoring has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Schroeder 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 an operator's license from Wisconsin. Daniel M. Seguin Mr. Seguin, 53, 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. Seguin understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Seguin meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from New Hampshire. Darren K. Vaughan Mr. Vaughan, 51, has had ITDM since 1982. His endocrinologist examined him [[Page 3851]] in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Vaughan understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Vaughan meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds an operator's license from North Carolina. Melvin E. Welton, Jr. Mr. Welton, 80, 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. Welton understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Welton 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 Washington. Keith A. Williams Mr. Williams, 65, has had ITDM since 2015. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Williams understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Williams meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Alabama. 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-2016-0382 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-2016-0382 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: January 6, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-00519 Filed 1-11-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Notices 3845
prohibiting drivers with ITDM from ACTION:Notice of applications for personal information the commenter
driving CMVs in interstate commerce exemptions; request for comments. provides, to www.regulations.gov, as
(77 FR 56258; 77 FR 65929): described in the system of records
Edward K. Belcher (KY) SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can
Philip C. Brooks, Jr. (VA) applications from 47 individuals for be reviewed at www.dot.gov/privacy.
Michael R. Conley (MN) exemption from the prohibition against FOR FURTHER INFORMATION CONTACT: Ms.
Patrick J. Connors (MA) persons with insulin-treated diabetes Christine A. Hydock, Chief, Medical
John C. Halabura (PA) mellitus (ITDM) operating commercial Programs Division, (202) 366–4001,
Paul L. Harrison III (NY) motor vehicles (CMVs) in interstate fmcsamedical@dot.gov, FMCSA,
Robert D. Marshall (PA) commerce. If granted, the exemptions Department of Transportation, 1200
The drivers were included in Docket would enable these individuals with New Jersey Avenue SE., Room W64–
No. FMCSA–2012–0219. Their ITDM to operate CMVs in interstate 113, Washington, DC 20590–0001.
exemptions are effective as of October commerce. Office hours are 8:30 a.m. to 5 p.m., e.t.,
31, 2016, and will expire on October 31, DATES: Comments must be received on Monday through Friday, except Federal
2018. or before February 13, 2017. holidays.
Each of the 116 drivers in the
aforementioned groups qualifies for a ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION:
renewal of the exemption. They have bearing the Federal Docket Management
I. Background
maintained their required medical System (FDMS) Docket No. FMCSA–
2016–0382 using any of the following Under 49 U.S.C. 31136(e) and 31315,
monitoring and have not exhibited any
methods: FMCSA may grant an exemption from
medical issues that would compromise
their ability to safely operate a CMV • Federal eRulemaking Portal: Go to the Federal Motor Carrier Safety
http://www.regulations.gov. Follow the Regulations for a 2-year period if it finds
during the previous 2-year exemption
on-line instructions for submitting ‘‘such exemption would likely achieve a
period.
These factors provide an adequate comments. level of safety that is equivalent to or
basis for predicting each driver’s ability • Mail: Docket Management Facility; greater than the level that would be
to continue to drive safely in interstate U.S. Department of Transportation, 1200 achieved absent such exemption.’’ The
commerce. Therefore, FMCSA New Jersey Avenue SE., West Building statute also allows the Agency to renew
concludes that extending the exemption Ground Floor, Room W12–140, exemptions at the end of the 2-year
for each of the 116 drivers for a period Washington, DC 20590–0001. period. The 47 individuals listed in this
of two years is likely to achieve a level • Hand Delivery: West Building notice have recently requested such an
of safety equal to that existing without Ground Floor, Room W12–140, 1200 exemption from the diabetes prohibition
the exemption. The drivers were New Jersey Avenue SE., Washington, in 49 CFR 391.41(b)(3), which applies to
included in docket numbers FMCSA– DC, between 9 a.m. and 5 p.m., e.t., drivers of CMVs in interstate commerce.
2010–0247; FMCSA–2012–0128; Monday through Friday, except Federal Accordingly, the Agency will evaluate
FMCSA–2012–0217; FMCSA–2012– Holidays. the qualifications of each applicant to
0219; FMCSA–2014–0021. • Fax: 1–202–493–2251. determine whether granting the
In accordance with 49 U.S.C. 31315, Instructions: Each submission must exemption will achieve the required
each exemption will be valid for two include the Agency name and the level of safety mandated by statute.
years from the effective date unless docket numbers for this notice. Note II. Qualifications of Applicants
revoked earlier by FMCSA. The that all comments received will be
exemption will be revoked if the posted without change to http:// Luciano Abreu
following occurs: (1) The person fails to www.regulations.gov, including any Mr. Abreu, 61, has had ITDM since
comply with the terms and conditions personal information provided. Please 2016. His endocrinologist examined him
of the exemption; (2) the exemption has see the Privacy Act heading below for in 2016 and certified that he has had no
resulted in a lower level of safety than further information. severe hypoglycemic reactions resulting
was maintained prior to being granted; Docket: For access to the docket to in loss of consciousness, requiring the
or (3) continuation of the exemption read background documents or assistance of another person, or
would not be consistent with the goals comments, go to http:// resulting in impaired cognitive function
and objectives of 49 U.S.C. 31136 and www.regulations.gov at any time or that occurred without warning in the
31315. Room W12–140 on the ground level of past 12 months and no recurrent (2 or
Issued on: January 6, 2017. the West Building, 1200 New Jersey more) severe hypoglycemic episodes in
Larry W. Minor,
Avenue SE., Washington, DC, between 9 the last 5 years. His endocrinologist
a.m. and 5 p.m., e.t., Monday through certifies that Mr. Abreu understands
Associate Administrator for Policy.
Friday, except Federal holidays. The diabetes management and monitoring,
[FR Doc. 2017–00516 Filed 1–11–17; 8:45 am]
Federal Docket Management System has stable control of his diabetes using
BILLING CODE 4910–EX–P
(FDMS) is available 24 hours each day, insulin, and is able to drive a CMV
365 days each year. If you want safely. Mr. Abreu meets the
acknowledgment that we received your requirements of the vision standard at
DEPARTMENT OF TRANSPORTATION
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
postcard or print the acknowledgement
mstockstill on DSK3G9T082PROD with NOTICES
Administration and certified that he does not have
page that appears after submitting diabetic retinopathy. He holds an
[Docket No. FMCSA–2016–0382] comments on-line. operator’s license from New Jersey.
Privacy Act: In accordance with 5
Qualification of Drivers; Exemption Louis I. Alonzo
U.S.C. 553(c), DOT solicits comments
Applications; Diabetes Mellitus
from the public to better inform its Mr. Alonzo, 45, has had ITDM since
AGENCY:Federal Motor Carrier Safety rulemaking process. DOT posts these 2016. His endocrinologist examined him
Administration (FMCSA). comments, without edit, including any in 2016 and certified that he has had no
VerDate Sep<11>2014 18:28 Jan 11, 2017 Jkt 241001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 E:\FR\FM\12JAN1.SGM 12JAN1](https://thefederalregister.org/doc/82_FR_3853/page/1.svg)
![Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Notices 3851
in 2016 and certified that he has had no III. Request for Comments these means. FMCSA recommends that
severe hypoglycemic reactions resulting In accordance with 49 U.S.C. 31136(e) you include your name and a mailing
in loss of consciousness, requiring the and 31315, FMCSA requests public address, an email address, or a phone
assistance of another person, or comment from all interested persons on number in the body of your document
resulting in impaired cognitive function the exemption petitions described in so that FMCSA can contact you if there
that occurred without warning in the this notice. We will consider all are questions regarding your
past 12 months and no recurrent (2 or comments received before the close of submission.
more) severe hypoglycemic episodes in business on the closing date indicated To submit your comment online, go to
the last 5 years. His endocrinologist in the date section of the notice. http://www.regulations.gov and in the
certifies that Mr. Vaughan understands FMCSA notes that section 4129 of the search box insert the docket number
diabetes management and monitoring, Safe, Accountable, Flexible and FMCSA–2016–0382 and click the search
has stable control of his diabetes using Efficient Transportation Equity Act: A button. When the new screen appears,
insulin, and is able to drive a CMV Legacy for Users requires the Secretary click on the blue ‘‘Comment Now!’’
safely. Mr. Vaughan meets the to revise its diabetes exemption program button on the right hand side of the
requirements of the vision standard at established on September 3, 2003 (68 FR page. On the new page, enter
49 CFR 391.41(b)(10). His optometrist 52441).1 The revision must provide for information required including the
examined him in 2016 and certified that individual assessment of drivers with specific section of this document to
he does not have diabetic retinopathy. diabetes mellitus, and be consistent which each comment applies, and
He holds an operator’s license from with the criteria described in section provide a reason for each suggestion or
North Carolina. 4018 of the Transportation Equity Act recommendation. If you submit your
for the 21st Century (49 U.S.C. 31305). comments by mail or hand delivery,
Melvin E. Welton, Jr.
Section 4129 requires: (1) Elimination submit them in an unbound format, no
Mr. Welton, 80, has had ITDM since of the requirement for 3 years of larger than 81⁄2 by 11 inches, suitable for
2010. His endocrinologist examined him experience operating CMVs while being copying and electronic filing. If you
in 2016 and certified that he has had no treated with insulin; and (2) submit comments by mail and would
severe hypoglycemic reactions resulting establishment of a specified minimum like to know that they reached the
in loss of consciousness, requiring the period of insulin use to demonstrate facility, please enclose a stamped, self-
assistance of another person, or stable control of diabetes before being addressed postcard or envelope.
resulting in impaired cognitive function allowed to operate a CMV. We will consider all comments and
that occurred without warning in the In response to section 4129, FMCSA material received during the comment
past 12 months and no recurrent (2 or made immediate revisions to the period. FMCSA may issue a final
more) severe hypoglycemic episodes in diabetes exemption program established determination at any time after the close
the last 5 years. His endocrinologist by the September 3, 2003 notice. of the comment period.
certifies that Mr. Welton understands FMCSA discontinued use of the 3-year V. Viewing Comments and Documents
diabetes management and monitoring, driving experience and fulfilled the
has stable control of his diabetes using requirements of section 4129 while To view comments, as well as any
insulin, and is able to drive a CMV continuing to ensure that operation of documents mentioned in this preamble,
safely. Mr. Welton meets the CMVs by drivers with ITDM will go to http://www.regulations.gov and in
requirements of the vision standard at achieve the requisite level of safety the search box insert the docket number
49 CFR 391.41(b)(10). His required of all exemptions granted FMCSA–2016–0382 and click ‘‘Search.’’
ophthalmologist examined him in 2016 under 49 U.S.C. 31136 (e). Next, click ‘‘Open Docket Folder’’ and
and certified that he has stable Section 4129(d) also directed FMCSA you will find all documents and
nonproliferative diabetic retinopathy. to ensure that drivers of CMVs with comments related to this notice.
He holds a Class A CDL from ITDM are not held to a higher standard Issued on: January 6, 2017.
Washington. than other drivers, with the exception of Larry W. Minor,
Keith A. Williams limited operating, monitoring and Associate Administrator for Policy.
medical requirements that are deemed [FR Doc. 2017–00519 Filed 1–11–17; 8:45 am]
Mr. Williams, 65, has had ITDM since medically necessary. BILLING CODE 4910–EX–P
2015. His endocrinologist examined him The FMCSA concluded that all of the
in 2016 and certified that he has had no operating, monitoring and medical
severe hypoglycemic reactions resulting requirements set out in the September 3,
in loss of consciousness, requiring the 2003 notice, except as modified, were in DEPARTMENT OF THE TREASURY
assistance of another person, or compliance with section 4129(d).
resulting in impaired cognitive function Therefore, all of the requirements set Submission for OMB Review;
that occurred without warning in the out in the September 3, 2003 notice, Comment Request
past 12 months and no recurrent (2 or except as modified by the notice in the
more) severe hypoglycemic episodes in Federal Register on November 8, 2005 January 9, 2017.
the last 5 years. His endocrinologist (70 FR 67777), remain in effect. The Department of the Treasury will
certifies that Mr. Williams understands submit the following information
IV. Submitting Comments collection request to the Office of
diabetes management and monitoring,
has stable control of his diabetes using You may submit your comments and Management and Budget (OMB) for
mstockstill on DSK3G9T082PROD with NOTICES
insulin, and is able to drive a CMV material online or by fax, mail, or hand review and clearance in accordance
safely. Mr. Williams meets the delivery, but please use only one of with the Paperwork Reduction Act of
requirements of the vision standard at 1995, Public Law 104–13, on or after the
49 CFR 391.41(b)(10). His optometrist 1 Section 4129(a) refers to the 2003 notice as a date of publication of this notice.
‘‘final rule.’’ However, the 2003 notice did not issue
examined him in 2016 and certified that a ‘‘final rule’’ but did establish the procedures and
DATES: Comments should be received on
he does not have diabetic retinopathy. standards for issuing exemptions for drivers with or before February 13, 2017 to be
He holds a Class A CDL from Alabama. ITDM. assured of consideration.
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Document Created: 2017-03-21 14:40:57
Document Modified: 2017-03-21 14:40:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of applications for exemptions; request for comments. | |
| Dates | Comments must be received on or before February 13, 2017. | |
| 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 | 82 FR 3845 |
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