Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 77408-77414 [2015-31340]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Notices]
[Pages 77408-77414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31340]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA- 2015-0338]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

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

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SUMMARY: FMCSA announces receipt of applications from 45 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 January 13, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2015-0338 using any of the 
following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket numbers for this notice. Note that all comments received will be 
posted without change to https://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 https://

[[Page 77409]]

www.regulations.gov at any time or Room W12-140 on the ground level of 
the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
Federal Docket Management System (FDMS) is available 24 hours each day, 
365 days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: 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 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 45 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

Shannon M. Anfindsen

    Ms. Anfindsen, 22, has had ITDM since 1997. Her endocrinologist 
examined her in 2015 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. Anfindsen understands diabetes 
management and monitoring has stable control of her diabetes using 
insulin, and is able to drive a CMV safely. Ms. Anfindsen meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
optometrist examined her in 2015 and certified that she does not have 
diabetic retinopathy. She holds an operator's license from Georgia.

Jessie L. Arrant, Jr.

    Mr. Arrant, 54, has had ITDM since 2009. His endocrinologist 
examined him in 2015 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. Arrant understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Arrant meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class B CDL from 
Georgia.

Joseph M. Benech

    Mr. Benech, 54, has had ITDM since 2011. His endocrinologist 
examined him in 2015 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. Benech understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Benech meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Rhode Island.

Mark L. Birch

    Mr. Birch, 45, has had ITDM since 2015. His endocrinologist 
examined him in 2015 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. Birch understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Birch meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Wisconsin.

Shane M. Burgard

    Mr. Burgard, 41, has had ITDM since 1989. His endocrinologist 
examined him in 2015 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. Burgard understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Burgard meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds an operator's license 
from Minnesota.

 Jonathan W. Cottom

    Mr. Cottom, 43, has had ITDM since 1978. His endocrinologist 
examined him in 2015 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. Cottom understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Cottom meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he stable 
proliferative diabetic retinopathy. He holds an operator's license from 
Pennsylvania.

[[Page 77410]]

David J. Davenport

    Mr. Davenport, 64, has had ITDM since 2007. His endocrinologist 
examined him in 2015 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. Davenport understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Davenport meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Washington.

Wesley O. Davis

    Mr. Davis, 61, has had ITDM since 2007. His endocrinologist 
examined him in 2015 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. Davis understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Davis meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
South Carolina.

Steven P. DelPizzo

    Mr. DelPizzo, 35, has had ITDM since 2008. His endocrinologist 
examined him in 2015 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. DelPizzo understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. DelPizzo meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Pennsylvania.

Savering F. Demiter

    Mr. Demiter, 62, has had ITDM since 2014. His endocrinologist 
examined him in 2015 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. Demiter understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Demiter meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Brandon A. Dipasquale

    Mr. Dipasquale, 22, has had ITDM since 2007. His endocrinologist 
examined him in 2015 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. Dipasquale understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Dipasquale meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from New York.

Gregory P. Doyle

    Mr. Doyle, 58, has had ITDM since 2015. His endocrinologist 
examined him in 2015 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. Doyle understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Doyle meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Colorado.

Scott A. Fetner

    Mr. Fetner, 47, has had ITDM since 2008. His endocrinologist 
examined him in 2015 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. Fetner understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Fetner meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds an operator's license 
from Alabama.

Alfredo Flores

    Mr. Flores, 50, has had ITDM since 2014. His endocrinologist 
examined him in 2015 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. Flores understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Flores meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Kansas.

Timothy D. Funk

    Mr. Funk, 55, has had ITDM since 2014. His endocrinologist examined 
him in 2015 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. Funk understands

[[Page 77411]]

diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Funk meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Illinois.

James D. Gage

    Mr. Gage, 48, has had ITDM since 2015. His endocrinologist examined 
him in 2015 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. Gage understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Gage meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him 
in 2015 and certified that he does not have diabetic retinopathy. He 
holds a chauffeur's license from Michigan.

Leslie G. Goodwin

    Mr. Goodwin, 77, has had ITDM since 2013. His endocrinologist 
examined him in 2015 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. Goodwin understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Goodwin meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Kansas.

Diane M. Greenberg

    Ms. Greenberg, 55, has had ITDM since 2014. Her endocrinologist 
examined her in 2015 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. Greenberg understands diabetes 
management and monitoring has stable control of her diabetes using 
insulin, and is able to drive a CMV safely. Ms. Greenberg meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
optometrist examined her in 2015 and certified that she does not have 
diabetic retinopathy. She holds a Class B CDL from Virginia.

Brent P. Griswold

    Mr. Griswold, 27, has had ITDM since 2015. His endocrinologist 
examined him in 2015 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. Griswold understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Griswold meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from New York.

Earl E. Hudson, III

    Mr. Hudson, 47, has had ITDM since 2009. His endocrinologist 
examined him in 2015 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. Hudson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Hudson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from South Carolina.

Gregory A. Huffman

    Mr. Huffman, 43, has had ITDM since 2014. His endocrinologist 
examined him in 2015 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. Huffman understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Huffman meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Texas.

Donald R. Kuehn

    Mr. Kuehn, 60, has had ITDM since 2010. His endocrinologist 
examined him in 2015 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. Kuehn understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Kuehn meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Minnesota.

Robert D. Lair, Jr.

    Mr. Lair, 52, has had ITDM since 2013. His endocrinologist examined 
him in 2015 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. Lair understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Lair meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined 
him in 2015 and certified that he has stable nonproliferative diabetic 
retinopathy. He holds an operator's license from Arkansas.

Mark A. Leman

    Mr. Leman, 49, has had ITDM since 2015. His endocrinologist 
examined him in 2015 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

[[Page 77412]]

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. Leman understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Leman meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Illinois.

Terry D. Leuthold

    Mr. Leuthold, 57, has had ITDM since 2014. His endocrinologist 
examined him in 2015 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. Leuthold understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Leuthold meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Montana.

Michael S. Massa

    Mr. Massa, 49, has had ITDM since 2004. His endocrinologist 
examined him in 2015 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. Massa understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Massa meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Jordan L. Moss

    Mr. Moss, 26, has had ITDM since 2001. His endocrinologist examined 
him in 2015 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. Moss understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Moss meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him 
in 2015 and certified that he does not have diabetic retinopathy. He 
holds an operator's license from Georgia.

Ted A. Moyer

    Mr. Moyer, 40, has had ITDM since 2012. His endocrinologist 
examined him in 2015 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. Moyer understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Moyer meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Florida.

Lynette A. Occhipinti

    Ms. Occhipinti, 52, has had ITDM since 2013. Her endocrinologist 
examined her in 2015 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. Occhipinti understands diabetes 
management and monitoring has stable control of her diabetes using 
insulin, and is able to drive a CMV safely. Ms. Occhipinti meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
optometrist examined her in 2015 and certified that she does not have 
diabetic retinopathy. She holds a Class B CDL from Washington.

Derek D. Patrick

    Mr. Patrick, 55, has had ITDM since 2014. His endocrinologist 
examined him in 2015 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 
ophthalmologist examined him in 2015 and certified that he does not 
have diabetic retinopathy. He holds a CDL from Michigan.

Joseph M. Petrucci

    Mr. Petrucci, 73, has had ITDM since 2014. His endocrinologist 
examined him in 2015 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. Petrucci understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Petrucci meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from New Hampshire.

James W. Prather

    Mr. Prather, 61, has had ITDM since 2012. His endocrinologist 
examined him in 2015 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. Prather understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Prather meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class B CDL from 
Ohio.

[[Page 77413]]

Edward O. Prosser

    Mr. Prosser, 53, has had ITDM since 2002. His endocrinologist 
examined him in 2015 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. Prosser understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Prosser meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from Rhode Island.

Dennis L. Ruff

    Mr. Ruff, 67, has had ITDM since 2013. His endocrinologist examined 
him in 2015 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. Ruff understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Ruff meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him 
in 2015 and certified that he does not have diabetic retinopathy. He 
holds an operator's license from Washington.

William J. Shrader

    Mr. Shrader, 51, has had ITDM since 2013. His endocrinologist 
examined him in 2015 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. Shrader understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Shrader meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from California.

Ronald L. Smith

    Mr. Smith, 58, has had ITDM since 2013. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Smith understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Smith meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Kansas.

Wayne D. Smith

    Mr. Smith, 67, has had ITDM since 2014. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Smith understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Smith meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Vermont.

Carnnell A. Taite

    Mr. Taite, 64, has had ITDM since 2013. His endocrinologist 
examined him in 2015 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. Taite understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Taite meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from Michigan.

Garrett J. Tousignant

    Mr. Tousignant, 47, has had ITDM since 2008. His endocrinologist 
examined him in 2015 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. Tousignant understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Tousignant meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from Illinois.

Franklin G. Towell

    Mr. Towell, 79, has had ITDM since 2013. His endocrinologist 
examined him in 2015 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. Towell understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Towell meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Indiana.

Robert S. Townsend

    Mr. Townsend, 71, has had ITDM since 2015. His endocrinologist 
examined him in 2015 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. Townsend understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Townsend meets the

[[Page 77414]]

requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from New Hampshire.

Zachary C. Warrick

    Mr. Warrick, 35, has had ITDM since 1987. His endocrinologist 
examined him in 2015 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. Warrick understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Warrick meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Nebraska.

Zachary C. White

    Mr. White, 30, has had ITDM since 2004. His endocrinologist 
examined him in 2015 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. White understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. White meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds an operator's license 
from California.

Mark K. Wittig

    Mr. Wittig, 58, has had ITDM since 2009. His endocrinologist 
examined him in 2015 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. Wittig understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Wittig meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from New York.

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 https://www.regulations.gov and 
in the search box insert the docket number FMCSA-2015-0338 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 and may change this proposed rule based on your 
comments. FMCSA may issue a final rule 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, To submit your comment online, go to https://www.regulations.gov and in the search box insert the docket number 
FMCSA-2015-0338 and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to the 
proposed rulemaking.

    Issued on: December 2, 2015.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2015-31340 Filed 12-11-15; 8:45 am]
 BILLING CODE 4910-EX-P