Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 39318-39320 [2016-14240]
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asabaliauskas on DSK3SPTVN1PROD with NOTICES
39318
Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices
eRulemaking Portal Web site. If you
want us to notify you that we received
your comments, please include a selfaddressed, stamped envelope or
postcard, or print the acknowledgement
page that appears after submitting
comments online. Comments received
after the comment closing date will be
included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT: Ms.
Tura Gatling, Office of Registration and
Safety Information, Department of
Transportation, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001. Telephone Number: (202) 385–
2412; Email Address: tura.gatling@
dot.gov. Office hours are from 8:00 a.m.
to 5:00 p.m., E.T., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background: The Secretary of
Transportation (Secretary) is authorized
to register motor carriers under the
provisions of 49 U.S.C. 13902; freight
forwarders under the provisions of 49
U.S.C. 13903; and property brokers
under provisions of 49 U.S.C. 13904.
These persons may conduct
transportation services only if they are
registered pursuant to 49 U.S.C. 13901.
The Secretary has delegated authority
pertaining to these registration
requirements to the FMCSA pursuant to
49 CFR 1.73(a)(5).
Registered motor carriers, brokers and
freight forwarders must designate an
agent on whom service of notices in
proceedings before the Secretary may be
made (49 U.S.C. 13303). Registered
motor carriers must also designate an
agent for every State in which they
operate and traverse in the United States
during such operations, agents on whom
process issued by a court may be served
in actions brought against the registered
transportation entity (49 U.S.C. 13304,
49 CFR 366.4). Every broker shall make
a designation for each State in which its
offices are located or in which contracts
are written (49 U.S.C. 13304, 49 CFR
366.4). Regulations governing the
designation of process agents are found
at 49 CFR part 366. This designation is
filed with the FMCSA on Form BOC–3,
‘‘Designation of Agents for Service of
Process.’’
Title: Designation of Agents, Motor
Carriers, Brokers and Freight
Forwarders.
OMB Control Number: 2126–0015.
Type of Request: Extension of a
currently approved collection.
Respondents: Motor carriers, freight
forwarders and brokers.
Estimated Number of Respondents:
110,371 respondents in the first year
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18:04 Jun 15, 2016
Jkt 238001
[35,000 currently approved applicants
plus 75,371 new entrants].
Estimated Time per Response: 10
minutes.
Expiration Date: November 30, 2016.
Frequency of Response: Form BOC–3
must be filed by all motor carriers,
freight forwarders and brokers when the
transportation entity first registers with
the FMCSA. All brokers shall make a
designation for each State in which it
has an office or in which contracts are
written. Subsequent filings are made
only if the motor carrier, broker or
freight forwarder changes process
agents.
Estimated Total Annual Burden:
18,395 hours [110,371 respondents
times 10 minutes per response].
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information. The agency will summarize
or include your comments in the request
for OMB’s clearance of this information
collection.
Issued on: June 10, 2016.
G. Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2016–14241 Filed 6–15–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–[2015–0343]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA confirms its decision
to exempt 68 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 April 16, 2016. The exemptions
expire on April 16, 2018.
FOR FURTHER INFORMATION CONTACT:
Christine A. Hydock, Chief, Medical
SUMMARY:
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
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.
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., 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 March 16, 2016, FMCSA
published a notice of receipt of Federal
diabetes exemption applications from
68 individuals and requested comments
from the public (81 FR 14197. The
public comment period closed on April
15, 2016, and 2 comments were
received.
FMCSA has evaluated the eligibility
of the 68 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)).
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Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices
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 68 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 March 16,
2016, Federal Register notice and they
will not be repeated in this notice.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
III. Discussion of Comments
FMCSA received two comments in
this proceeding. Crystal Ramos and an
anonymous commenter believe that the
exemptions should be granted.
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
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18:04 Jun 15, 2016
Jkt 238001
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 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 68
exemption applications, FMCSA
exempts the following drivers from the
diabetes requirement in 49 CFR
391.41(b)(10), subject to the
requirements cited above 949 CFR
391.64(b)):
Korey D. Adams (MO)
Michael D. Alley (OR)
Jerry J. Altenburg (WI)
Juanita K. Anderson (MN)
Alan D. Bahlmann (IN)
William A. Ball, Jr. (WV)
John F. Beatrice (NH)
Benjamin J. Beitelspacher (SD)
Russell E. Bjerkness (MN)
Chase L. Blankenship (OK)
Samuel E. Bostic (WV)
Eric K. Caldwell (OH)
Michael J. Chevalier, Jr. (NJ)
James R. Cockerham (IN)
Darrell L. Coleman (TX)
Michael R. Conley (WI)
James D. Deardorff (WA)
Ivan R. Edsall (KS)
PO 00000
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Fmt 4703
Sfmt 4703
39319
Steven W. Engel (CO)
Samuel M. Feaganes, Jr. (VA)
Jerry A. Fogel (WI)
William J. Garrett (SD)
Kevin E. Griebel (SD)
Martin R. Hair (CT)
Justin M. Herb (IN)
Terry D. Hescock (OR)
Brandon Heselton (IL)
Arrington Hughes (DC)
Brian K. Hyler (WI)
James A. Iozia (NJ)
Joshua D. Jaramillo (WA)
Jerry M. Kilpatrick (AL)
Rex O. King (IA)
Edward D. Krager (PA)
Kevin K. Leavey (NJ)
Michael P. Leggett (WV)
Thomas J. Liddy (NY)
Gregory S. Luce, Jr. (OH)
Renee N. Lycksell (WA)
Andrew Majkowicz (NJ)
Raymond L. Makings (KS)
Daniel J. Mandell (NC)
John D. McGinley, Jr. (CA)
Denise R. McKelvey (CT)
Gareth L. Miller (OH)
Victor Moore, Jr. (MO)
Jimmy C. Morcom (MI)
Peter J. Niedzwiecki (PA)
Kevin R. OToole (WI)
Robert J. Paitsel (WV)
Kameka D. Palmer (WI)
Neal M. Quinton, Jr. (MA)
Howard G. Rau (MD)
Andrew Reid (IN)
Brett M. Rice (PA)
Mark A. Rinehardt (NC)
Sholom Rub (NY)
Jeremy M. Samson (IA)
David J. Scimecca (NY)
Blane Tor (NJ)
Samuel C. Tracy (WA)
Allen B. Treadwell (AL)
Terry L. Underwood, Jr. (VA)
Aaron M. Vanlanduit (MO)
Paul R. Whitehead (NM)
Grady E. Wilkins (MD)
Joseph A. Wilson, Sr. (MA)
Michael A. Zuke, Sr. (NY)
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.
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39320
Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices
Issued on: June 10, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–14240 Filed 6–15–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0028]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemptions; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 37 individuals for
exemption from the vision requirement
in the Federal Motor Carrier Safety
Regulations. They are unable to meet
the vision requirement in one eye for
various reasons. The exemptions will
enable these individuals to operate
commercial motor vehicles (CMVs) in
interstate commerce without meeting
the prescribed vision requirement in
one eye. If granted, the exemptions
would enable these individuals to
qualify as drivers of commercial motor
vehicles (CMVs) in interstate commerce.
DATES: Comments must be received on
or before July 18, 2016. All comments
will be investigated by FMCSA. The
exemptions will be issued the day after
the comment period closes.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2016–0028 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
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:04 Jun 15, 2016
Jkt 238001
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://
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
FDMS is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, 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. If you have questions
regarding viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
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.’’
FMCSA can renew exemptions at the
end of each 2-year period. The 37
individuals listed in this notice have
each requested such an exemption from
the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers
of CMVs in interstate commerce.
Accordingly, the Agency will evaluate
the qualifications of each applicant to
determine whether granting an
exemption will achieve the required
level of safety mandated by statute.
Frm 00074
Fmt 4703
Sfmt 4703
Dennis J. Ameling
Mr. Ameling, 54, has had a dense
corneal scar in his right eye since
childhood. The visual acuity in his right
eye is no light perception, and his left
eye, 20/20. Following an examination in
2015, his optometrist stated, ‘‘My
opinion is that his vision is more than
capable to drive a commercial vehicle
out of state.’’ Mr. Ameling reported that
he has driven straight trucks for 18
years, accumulating 1.44 million miles
and tractor-trailer combinations for 21
years, accumulating 2.1 million miles.
He holds a Class A CDL from Iowa. 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 10 miles per hour
(mph).
Daniel A. Bahm
Mr. Bahm, 50, has had amblyopia in
his right eye since childhood. The
visual acuity in his right eye is count
fingers, and in his left eye, 20/20.
Following an examination in 2016, his
ophthalmologist stated, ‘‘According to
our exam and his previous visual field
test Mr. Bahm has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Bahm reported that he has driven
straight trucks for 33 years,
accumulating 16,500 miles and tractortrailer combinations for 14 years,
accumulating 2.1 million miles. He
holds a Class A CDL from Florida. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
John P. Brooks
SUPPLEMENTARY INFORMATION:
PO 00000
II. Qualifications of Applicants
Mr. Brooks, 48, has complete loss of
vision in his right eye due to a traumatic
incident in childhood. The visual acuity
in his right eye is light perception, and
in his left eye, 20/20. Following an
examination in 2016, his
ophthalmologist stated, ‘‘In my opinion,
he does have the vision required to
operate a commercial vehicle.’’ Mr.
Brooks reported that he has driven
straight trucks for 6 years, accumulating
240,000 miles and tractor-trailer
combinations for 18 years, accumulating
144,000 miles. He holds a Class A CDL
from Illinois. His driving record for the
last 3 years shows no crashes but two
convictions in a CMV. In the first
incidence, he exceeded the speed limit
by 12 mph and in the second incidence;
according to the citation, he
‘‘disregarded an official traffic control
device.’’
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]]>Agencies
[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Notices]
[Pages 39318-39320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14240]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-[2015-0343]
Qualification of Drivers; Exemption Applications; Diabetes
Mellitus
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA confirms its decision to exempt 68 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 April 16, 2016. The exemptions
expire on April 16, 2018.
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 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.
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., 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 March 16, 2016, FMCSA published a notice of receipt of Federal
diabetes exemption applications from 68 individuals and requested
comments from the public (81 FR 14197. The public comment period closed
on April 15, 2016, and 2 comments were received.
FMCSA has evaluated the eligibility of the 68 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)).
[[Page 39319]]
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 68 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 March 16, 2016, Federal Register
notice and they will not be repeated in this notice.
III. Discussion of Comments
FMCSA received two comments in this proceeding. Crystal Ramos and
an anonymous commenter believe that the exemptions should be granted.
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 68 exemption applications, FMCSA
exempts the following drivers from the diabetes requirement in 49 CFR
391.41(b)(10), subject to the requirements cited above 949 CFR
391.64(b)):
Korey D. Adams (MO)
Michael D. Alley (OR)
Jerry J. Altenburg (WI)
Juanita K. Anderson (MN)
Alan D. Bahlmann (IN)
William A. Ball, Jr. (WV)
John F. Beatrice (NH)
Benjamin J. Beitelspacher (SD)
Russell E. Bjerkness (MN)
Chase L. Blankenship (OK)
Samuel E. Bostic (WV)
Eric K. Caldwell (OH)
Michael J. Chevalier, Jr. (NJ)
James R. Cockerham (IN)
Darrell L. Coleman (TX)
Michael R. Conley (WI)
James D. Deardorff (WA)
Ivan R. Edsall (KS)
Steven W. Engel (CO)
Samuel M. Feaganes, Jr. (VA)
Jerry A. Fogel (WI)
William J. Garrett (SD)
Kevin E. Griebel (SD)
Martin R. Hair (CT)
Justin M. Herb (IN)
Terry D. Hescock (OR)
Brandon Heselton (IL)
Arrington Hughes (DC)
Brian K. Hyler (WI)
James A. Iozia (NJ)
Joshua D. Jaramillo (WA)
Jerry M. Kilpatrick (AL)
Rex O. King (IA)
Edward D. Krager (PA)
Kevin K. Leavey (NJ)
Michael P. Leggett (WV)
Thomas J. Liddy (NY)
Gregory S. Luce, Jr. (OH)
Renee N. Lycksell (WA)
Andrew Majkowicz (NJ)
Raymond L. Makings (KS)
Daniel J. Mandell (NC)
John D. McGinley, Jr. (CA)
Denise R. McKelvey (CT)
Gareth L. Miller (OH)
Victor Moore, Jr. (MO)
Jimmy C. Morcom (MI)
Peter J. Niedzwiecki (PA)
Kevin R. OToole (WI)
Robert J. Paitsel (WV)
Kameka D. Palmer (WI)
Neal M. Quinton, Jr. (MA)
Howard G. Rau (MD)
Andrew Reid (IN)
Brett M. Rice (PA)
Mark A. Rinehardt (NC)
Sholom Rub (NY)
Jeremy M. Samson (IA)
David J. Scimecca (NY)
Blane Tor (NJ)
Samuel C. Tracy (WA)
Allen B. Treadwell (AL)
Terry L. Underwood, Jr. (VA)
Aaron M. Vanlanduit (MO)
Paul R. Whitehead (NM)
Grady E. Wilkins (MD)
Joseph A. Wilson, Sr. (MA)
Michael A. Zuke, Sr. (NY)
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.
[[Page 39320]]
Issued on: June 10, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-14240 Filed 6-15-16; 8:45 am]
BILLING CODE 4910-EX-P
