Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 20966-20968 [2017-09004]
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20966
Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices
Thornburg reported that he has driven
straight trucks for 5 years, accumulating
225,000 miles. He holds a chauffer’s
license from Michigan. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Eric J. Wickman
Mr. Wickman, 47, had his right eye
enucleated due to a traumatic incident
in 1996. The visual acuity in his right
eye is no light perception, and in his left
eye, 20/20. Following an examination in
2016, his optometrist stated, ‘‘In
summary, given the stable nature of
Eric’s visual deficiency and stable
ocular health of his left eye, I feel that
Eric functions well and is fully able to
perform all driving tasks without
restriction at this time.’’ Mr. Wickman
reported that he has driven straight
trucks for 22 years, accumulating 3.3
million miles, and tractor-trailer
combinations for 22 years, accumulating
3.3 million miles. He holds a Class CA
CDL from Michigan. His driving record
for the last 3 years shows no crashes and
no convictions for moving violations in
a CMV.
pmangrum on DSK3GDR082PROD with NOTICES
Don S. Williams
Mr. Williams, 58, has a prosthetic
right eye due to a traumatic incident in
childhood. The visual acuity in his right
eye is no light perception, and in his left
eye, 20/20. Following an examination in
2016, his optometrist stated, ‘‘It is
therefore my opinion that Mr. Williams
has full field of vision and would not
have difficulty driving any type of
motor vehicle.’’ Mr. Williams reported
that he has driven straight trucks for 12
years, accumulating 480,000 miles, and
tractor-trailer combinations for 8 years,
accumulating 880,000 miles. He holds
an operator’s license from Alabama. His
driving record for the last 3 years shows
no crashes and one conviction for a
moving violation in a CMV; he exceeded
the speed limit by 9 mph.
Garfield M. Williams
Mr. Williams, 40, has had amblyopia
in his right eye since childhood. The
visual acuity in his right eye is 20/200,
and in his left eye, 20/20. Following an
examination in 2016, his optometrist
stated, ‘‘It is in my opinion that Mr.
Williams does have sufficient vision to
perform the driving tasks required to
operate a commercial vehicle and will
have no difficulty seeing at night.’’ Mr.
Williams reported that he has driven
tractor-trailer combinations for 7 years,
accumulating 297,500 miles. He holds a
Class A CDL from Texas. His driving
record for the last 3 years shows no
crashes and one conviction for a moving
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14:39 May 03, 2017
Jkt 241001
violation in a CMV; he failed to obey a
traffic control device.
James J. Wyles
Mr. Wyles, 39, has had amblyopia in
his right eye since childhood. The
visual acuity in his right eye is hand
motion, and in his left eye, 20/20.
Following an examination in 2016, his
ophthalmologist stated, ‘‘He has
sufficient vision to operate a
commercial vehicle.’’ Mr. Wyles
reported that he has driven straight
trucks for 23 years, accumulating
644,000 miles and tractor-trailer
combinations for 3 years, accumulating
120,000 miles. He holds a Class A CDL
from North Carolina. His driving record
for the last 3 years shows no crashes and
no convictions for moving violations in
a CMV.
III. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
Submitting Comments
If you submit a comment, please
include the docket number for this
notice, indicate the specific section of
this document to which each comment
applies, and provide a reason for each
suggestion or recommendation. 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 the Agency can contact you if it has
questions regarding your submission.
To submit your comment online, go to
https://www.regulations.gov and put the
docket number FMCSA–2017–0017 in
the ‘‘Keyword’’ box, and click ‘‘Search’’.
When the new screen appears, click on
‘‘Comment Now!’’ button and type your
comment into the text box in the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 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, selfaddressed postcard or envelope.
FMCSA 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.
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov and insert
the docket number FMCSA–2017–0017
in the ‘‘Keyword’’ box and click
‘‘Search.’’ Next, click ‘‘Open Docket
Folder’’ button and choose the
document listed to review. If you do not
have access to the Internet, you may
view the docket online by visiting the
Docket Management Facility in Room
W12–140 on the ground floor of the
DOT West Building, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., e.t., Monday
through Friday, except Federal holidays.
Issued on: April 27, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–09000 Filed 5–3–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2016–0035]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt 46 individuals from
its rule prohibiting persons with
insulin-treated diabetes mellitus (ITDM)
from operating commercial motor
vehicles (CMVs) in interstate commerce.
The exemptions enable these
individuals to operate CMVs in
interstate commerce.
DATES: The exemptions were effective
on May 13, 2016. The exemptions
expire on May 13, 2018.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
113, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5 p.m.
e.t., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
E:\FR\FM\04MYN1.SGM
04MYN1
Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov and/or Room
W12–140 on the ground level of the
West Building, 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., e.t., Monday through
Friday, except Federal holidays.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
pmangrum on DSK3GDR082PROD with NOTICES
II. Background
On April 12, 2016, FMCSA published
a notice of receipt of Federal diabetes
exemption applications from 46
individuals and requested comments
from the public (81 FR 21649.) The
public comment period closed on May
12, 2016, and no comments were
received.
FMCSA has evaluated the eligibility
of the 46 applicants and determined that
granting the exemptions to these
individuals would achieve a level of
safety equivalent to or greater than the
level that would be achieved by
complying with the current regulation
49 CFR 391.41(b)(3).
Diabetes Mellitus and Driving
Experience of the Applicants
The Agency established the current
requirement for diabetes in 1970
because several risk studies indicated
that drivers with diabetes had a higher
rate of crash involvement than the
general population. The diabetes rule
provides that ‘‘A person is physically
qualified to drive a commercial motor
vehicle if that person has no established
medical history or clinical diagnosis of
diabetes mellitus currently requiring
insulin for control’’ (49 CFR
391.41(b)(3)).
FMCSA established its diabetes
exemption program, based on the
Agency’s July 2000 study entitled ‘‘A
Report to Congress on the Feasibility of
a Program to Qualify Individuals with
Insulin-Treated Diabetes Mellitus to
Operate in Interstate Commerce as
Directed by the Transportation Act for
the 21st Century.’’ The report concluded
that a safe and practicable protocol to
allow some drivers with ITDM to
operate CMVs is feasible. The
September 3, 2003 (68 FR 52441),
Federal Register notice in conjunction
with the November 8, 2005 (70 FR
67777), Federal Register notice provides
VerDate Sep<11>2014
14:39 May 03, 2017
Jkt 241001
the current protocol for allowing such
drivers to operate CMVs in interstate
commerce.
These 46 applicants have had ITDM
over a range of 1 to 51 years. These
applicants report no severe
hypoglycemic reactions resulting in loss
of consciousness or seizure, requiring
the assistance of another person, or
resulting in impaired cognitive function
that occurred without warning
symptoms, in the past 12 months and no
recurrent (2 or more) severe
hypoglycemic episodes in the past 5
years. In each case, an endocrinologist
verified that the driver has
demonstrated a willingness to properly
monitor and manage his/her diabetes
mellitus, received education related to
diabetes management, and is on a stable
insulin regimen. These drivers report no
other disqualifying conditions,
including diabetes-related
complications. Each meets the vision
requirement at 49 CFR 391.41(b)(10).
The qualifications and medical
condition of each applicant were stated
and discussed in detail in the April 12,
2016, Federal Register notice and they
will not be repeated in this notice.
III. Discussion of Comments
FMCSA received no comments in this
proceeding.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the diabetes requirement in 49 CFR
391.41(b)(3) if the exemption is likely to
achieve an equivalent or greater level of
safety than would be achieved without
the exemption. The exemption allows
the applicants to operate CMVs in
interstate commerce.
To evaluate the effect of these
exemptions on safety, FMCSA
considered medical reports about the
applicants’ ITDM and vision, and
reviewed the treating endocrinologists’
medical opinion related to the ability of
the driver to safely operate a CMV while
using insulin.
Consequently, FMCSA finds that in
each case exempting these applicants
from the diabetes requirement in 49 CFR
391.41(b)(3) is likely to achieve a level
of safety equal to that existing without
the exemption.
V. Conditions and Requirements
The terms and conditions of the
exemption will be provided to the
applicants in the exemption document
and they include the following: (1) That
each individual submit a quarterly
monitoring checklist completed by the
treating endocrinologist as well as an
annual checklist with a comprehensive
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
20967
medical evaluation; (2) that each
individual reports within 2 business
days of occurrence, all episodes of
severe hypoglycemia, significant
complications, or inability to manage
diabetes; also, any involvement in an
accident or any other adverse event in
a CMV or personal vehicle, whether or
not it is related to an episode of
hypoglycemia; (3) that each individual
provide a copy of the ophthalmologist’s
or optometrist’s report to the medical
examiner at the time of the annual
medical examination; and (4) that each
individual provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file, or keep a copy in his/her driver’s
qualification file if he/she is selfemployed. The driver must also have a
copy of the certification when driving,
for presentation to a duly authorized
Federal, State, or local enforcement
official.
VI. Conclusion
Based upon its evaluation of the 46
exemption applications, FMCSA
exempts the following drivers from the
diabetes requirement in 49 CFR
391.41(b)(10), subject to the
requirements cited above (49 CFR
391.64(b)):
William M. Adams (SC)
Gerald L. Beideck (OR)
John J. Bizanos (NY)
Joseph T. Bohnert (PA)
Phillip J. Boruszewski (IL)
Harold F. Braithwaite (OH)
Kenneth H. Brown (NY)
Alfred S. Church, Jr. (IN)
James R. Conley (IN)
Irvin L. Davis (VA)
Richard J. Dudzenski (PA)
William M. Dutton (ND)
Richard W. Favier (CT)
Richard G. Fiscus, Jr. (MA)
Donald Fleming (IL)
Sergio Garza (IL)
Stanley L. Gear (MO)
Ira S. Gelb (MA)
Raymond C. Hartill (WA)
Todd E. Himebauch (IL)
John R. Hofmann, Jr. (IL)
Matthew E. Ingham (WA)
Grant L. Jensen (SD)
Victor E. Kaneps (CO)
Albert J. Laubauskas (NJ)
Michael M. Lillie (MI)
Barrington F. Mahabee (NY)
Brandon T. A. Maines (MT)
Robert J. Marnell (IA)
Clayton E. McCoy (TX)
Andrew J. Neset (ND)
Scott A. Newell (MI)
Braydon D. Paytas (UT)
Edward C. Pisiakowski (CT)
William J. Pratt (MN)
Juan Rangel (CA)
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04MYN1
20968
Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices
Kyle L. Roy (OH)
Nicola D. Santopietro (CT)
Gary R. Silver (FL)
Ryan D. Simmons (WA)
Jerry G. Smith (NC)
William J. Taylor (IN)
Roy E. Tompkins (NY)
Vasilios Tsimis (NY)
Craig J. Voudren (VA)
Donald L. Yamauchi (MN)
In accordance with 49 U.S.C. 31136(e)
and 31315 each exemption is valid for
two years unless revoked earlier by
FMCSA. The exemption will be revoked
if the following occurs: (1) The person
fails to comply with the terms and
conditions of the exemption; (2) the
exemption has resulted in a lower level
of safety than was maintained before it
was granted; or (3) continuation of the
exemption would not be consistent with
the goals and objectives of 49 U.S.C.
31136(e) and 31315. If the exemption is
still effective at the end of the 2-year
period, the person may apply to FMCSA
for a renewal under procedures in effect
at that time.
Issued on: April 27, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–09004 Filed 5–3–17; 8:45 am]
BILLING CODE 4910–EX–P
the intent of moving for a Committee
vote to approve the same. This agenda
is subject to change, including the
possible addition of further proposed
tasks.
The RSAC meeting is scheduled
to commence at 9:30 a.m. on Thursday,
May 25, 2017, and will adjourn by 4:30
p.m.
DATES:
The RSAC meeting will be
held at the National Association of
Home Builders, National Housing
Center, located at 1201 15th Street NW.,
Washington, DC 20005. The meeting is
open to the public on a first-come, firstserved basis, and is accessible to
individuals with disabilities. Sign and
oral interpretation can be made
available if requested 10 calendar days
before the meeting.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Kenton Kilgore, RSAC Administrative
Officer/Coordinator, FRA, 1200 New
Jersey Avenue SE., Mailstop 25,
Washington, DC 20590, (202) 493–6286;
or Robert Lauby, Associate
Administrator for Railroad Safety and
Chief Safety Officer, FRA, 1200 New
Jersey Avenue SE., Mailstop 25,
Washington, DC 20590, (202) 493–6474.
Pursuant
to Section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92–
463), FRA is giving notice of a meeting
of the RSAC. The RSAC was established
to provide advice and recommendations
to FRA on railroad safety matters. The
RSAC is composed of 59 voting
representatives from 38 member
organizations, representing various rail
industry perspectives. In addition, there
are non-voting advisory representatives
from the agencies with railroad safety
regulatory responsibility in Canada and
Mexico, the National Transportation
Safety Board, and the Federal Transit
Administration. The diversity of the
RSAC ensures the requisite range of
views and expertise necessary to
discharge its responsibilities. See the
RSAC Web site for details on prior
RSAC activities and pending tasks at
https://rsac.fra.dot.gov/. Please refer to
the notice published in the Federal
Register on March 11, 1996 (61 FR
9740), for additional information about
the RSAC.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2000–7257, Notice No. 85]
Railroad Safety Advisory Committee;
Notice of Meeting
Federal Railroad
Administration, Department of
Transportation.
ACTION: Notice of Railroad Safety
Advisory Committee (RSAC) meeting.
AGENCY:
FRA announces the fiftyseventh meeting of the RSAC, a Federal
Advisory Committee (Committee) that
develops recommendations on railroad
safety regulations and other railroad
safety issues through a consensus
process. This meeting has been
rescheduled from January 26, 2017, the
previously announced date. The RSAC
meeting topics will include opening
remarks from the FRA Associate
Administrator for Railroad Safety and
Chief Safety Officer, as well as a status
report from the Engineering Task Force.
In addition, FRA will present to the
Committee the consensus
recommendations from the Hazardous
Materials Working Group’s retrospective
review of certain portions of the
Hazardous Materials Regulations, with
pmangrum on DSK3GDR082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
14:39 May 03, 2017
Jkt 241001
Robert C. Lauby,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2017–08958 Filed 5–3–17; 8:45 am]
BILLING CODE 4910–06–P
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Fmt 4703
Sfmt 4703
DEPARTMENT OF THE TREASURY
Community Development Financial
Institutions Fund
Funding Opportunity Title: Notice of
Allocation Availability (NOAA) Inviting
Applications for the Calendar Year
(CY) 2017 Allocation Round of the New
Markets Tax Credit (NMTC) Program
Announcement Type: Announcement
of allocation availability.
Dates: Electronic applications must be
received by 5:00 p.m. ET on June 21,
2017. Applications sent by mail,
facsimile, or other form will not be
accepted. Please note the Community
Development Financial Institutions
Fund (CDFI Fund) will only accept
applications and attachments (e.g., the
Controlling Entity’s representative
signature page, Assurances and
Certifications supporting documents,
investor letters, organizational charts) in
electronic form (see Section IV.C of this
NOAA for more details). Applications
must meet all eligibility and other
requirements and deadlines, as
applicable, set forth in this NOAA. Any
Applicant that is not yet certified as a
Community Development Entity (CDE)
must submit an application for CDE
certification through the CDFI Fund’s
Awards Management Information
System (AMIS) on or before 5:00 p.m.
ET on May 17, 2017 (see Section III.A.1
of this NOAA for more details on CDE
certification).
Executive Summary: This NOAA is
issued in connection with the CY 2017
allocation round (Allocation Round) of
the New Markets Tax Credit Program
(NMTC Program), as authorized by Title
I, subtitle C, section 121 of the
Community Renewal Tax Relief Act of
2000 (Pub. L. 106–554) and amended by
section 221 of the American Jobs
Creation Act of 2004 (Pub. L. 108–357),
section 101 of the Gulf Opportunity
Zone Act of 2005 (Pub. L. 108–357),
Division A, section 102 of the Tax Relief
and Health Care Act of 2006 (Pub. L.
109–432), section 733 of the Tax Relief,
Unemployment Insurance
Reauthorization and Job Creation Act of
2010 (Pub. L. 111–312), section 305 of
the American Taxpayer Relief Act of
2012 (Pub. L. 112–240), and section 115
of the Tax Increase Prevention Act of
2014 (Pub. L. 113–295), section 141 of
the Protecting Americans from Tax
Hikes Act (PATH) of 2015. Through the
NMTC Program, the CDFI Fund
provides authority to CDEs to offer an
incentive to investors in the form of tax
credits over seven years, which is
expected to stimulate the provision of
private investment capital that, in turn,
E:\FR\FM\04MYN1.SGM
04MYN1
]]>Agencies
[Federal Register Volume 82, Number 85 (Thursday, May 4, 2017)]
[Notices]
[Pages 20966-20968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09004]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2016-0035]
Qualification of Drivers; Exemption Applications; Diabetes
Mellitus
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to exempt 46 individuals from its
rule prohibiting persons with insulin-treated diabetes mellitus (ITDM)
from operating commercial motor vehicles (CMVs) in interstate commerce.
The exemptions enable these individuals to operate CMVs in interstate
commerce.
DATES: The exemptions were effective on May 13, 2016. The exemptions
expire on May 13, 2018.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.
e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
I. Electronic Access
You may see all the comments online through the Federal Document
Management System (FDMS) at: https://www.regulations.gov.
[[Page 20967]]
Docket: For access to the docket to read background documents or
comments, go to https://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
II. Background
On April 12, 2016, FMCSA published a notice of receipt of Federal
diabetes exemption applications from 46 individuals and requested
comments from the public (81 FR 21649.) The public comment period
closed on May 12, 2016, and no comments were received.
FMCSA has evaluated the eligibility of the 46 applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to or greater than the level that
would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).
Diabetes Mellitus and Driving Experience of the Applicants
The Agency established the current requirement for diabetes in 1970
because several risk studies indicated that drivers with diabetes had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal
Register notice in conjunction with the November 8, 2005 (70 FR 67777),
Federal Register notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
These 46 applicants have had ITDM over a range of 1 to 51 years.
These applicants report no severe hypoglycemic reactions resulting in
loss of consciousness or seizure, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning symptoms, in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the past 5 years. In each case,
an endocrinologist verified that the driver has demonstrated a
willingness to properly monitor and manage his/her diabetes mellitus,
received education related to diabetes management, and is on a stable
insulin regimen. These drivers report no other disqualifying
conditions, including diabetes-related complications. Each meets the
vision requirement at 49 CFR 391.41(b)(10).
The qualifications and medical condition of each applicant were
stated and discussed in detail in the April 12, 2016, Federal Register
notice and they will not be repeated in this notice.
III. Discussion of Comments
FMCSA received no comments in this proceeding.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption
is likely to achieve an equivalent or greater level of safety than
would be achieved without the exemption. The exemption allows the
applicants to operate CMVs in interstate commerce.
To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is
likely to achieve a level of safety equal to that existing without the
exemption.
V. Conditions and Requirements
The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 business days of occurrence, all episodes
of severe hypoglycemia, significant complications, or inability to
manage diabetes; also, any involvement in an accident or any other
adverse event in a CMV or personal vehicle, whether or not it is
related to an episode of hypoglycemia; (3) that each individual provide
a copy of the ophthalmologist's or optometrist's report to the medical
examiner at the time of the annual medical examination; and (4) that
each individual provide a copy of the annual medical certification to
the employer for retention in the driver's qualification file, or keep
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.
VI. Conclusion
Based upon its evaluation of the 46 exemption applications, FMCSA
exempts the following drivers from the diabetes requirement in 49 CFR
391.41(b)(10), subject to the requirements cited above (49 CFR
391.64(b)):
William M. Adams (SC)
Gerald L. Beideck (OR)
John J. Bizanos (NY)
Joseph T. Bohnert (PA)
Phillip J. Boruszewski (IL)
Harold F. Braithwaite (OH)
Kenneth H. Brown (NY)
Alfred S. Church, Jr. (IN)
James R. Conley (IN)
Irvin L. Davis (VA)
Richard J. Dudzenski (PA)
William M. Dutton (ND)
Richard W. Favier (CT)
Richard G. Fiscus, Jr. (MA)
Donald Fleming (IL)
Sergio Garza (IL)
Stanley L. Gear (MO)
Ira S. Gelb (MA)
Raymond C. Hartill (WA)
Todd E. Himebauch (IL)
John R. Hofmann, Jr. (IL)
Matthew E. Ingham (WA)
Grant L. Jensen (SD)
Victor E. Kaneps (CO)
Albert J. Laubauskas (NJ)
Michael M. Lillie (MI)
Barrington F. Mahabee (NY)
Brandon T. A. Maines (MT)
Robert J. Marnell (IA)
Clayton E. McCoy (TX)
Andrew J. Neset (ND)
Scott A. Newell (MI)
Braydon D. Paytas (UT)
Edward C. Pisiakowski (CT)
William J. Pratt (MN)
Juan Rangel (CA)
[[Page 20968]]
Kyle L. Roy (OH)
Nicola D. Santopietro (CT)
Gary R. Silver (FL)
Ryan D. Simmons (WA)
Jerry G. Smith (NC)
William J. Taylor (IN)
Roy E. Tompkins (NY)
Vasilios Tsimis (NY)
Craig J. Voudren (VA)
Donald L. Yamauchi (MN)
In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is
valid for two years unless revoked earlier by FMCSA. The exemption will
be revoked if the following occurs: (1) The person fails to comply with
the terms and conditions of the exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the
exemption is still effective at the end of the 2-year period, the
person may apply to FMCSA for a renewal under procedures in effect at
that time.
Issued on: April 27, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-09004 Filed 5-3-17; 8:45 am]
BILLING CODE 4910-EX-P
