Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 40743-40745 [2016-14751]
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Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices
may be reviewed at this same location
or at the Metropolitan Airports
Commission, 6040 28th Avenue South,
Minneapolis, MN 55450–2799.
Written comments on the Sponsor’s
request must be delivered or mailed to:
Dakota-Minnesota Airports District
Office, 6020 28th Avenue South, Room
102, Minneapolis, MN 55450–2706.
FOR FURTHER INFORMATION CONTACT:
Simon Schmitz, Program Manager, 6020
28th Avenue South, Room 102,
Minneapolis, MN 55450–2706.
Telephone Number (612) 253–4640/
FAX Number (612) 253–4611.
In
accordance with section 47107(h) of
Title 49, United States Code, this notice
is required to be published in the
Federal Register 30 days before
modifying the land-use assurance that
requires the property to be used for an
aeronautical purpose.
The site was part of a 1955 land
conveyance from the Administrator of
Veterans’ Affairs to the Metropolitan
Airports Commission. The subject
property is located southeast of the
United States Post Office and south of
the Terminal 1 inbound and outbound
roadways at Minneapolis-St. Paul
International Airport, Minneapolis,
Minnesota. The subject property was
previously leased by Northwest Airlines
as an office building with an attached
hangar. The office building and hangar
have since been demolished and the site
does not currently have a designated
use. The proposed non-aeronautical use
of the property is a ground lease for the
development of a hotel which will
generate additional revenue for the
airport. The Metropolitan Airports
Commission intends to enter into a 75year fair market value lease with a hotel
developer. The proposed ground lease
will provide for reappraisal of the fair
market ground rent as frequently as
every five (5) years. The disposition of
proceeds from the lease of the airport
property will be in accordance with
FAA’s Policy and Procedures
Concerning the Use of Airport Revenue,
published in the Federal Register on
February 16, 1999 (64 FR 7696).
This notice announces that the FAA
is considering the release of the subject
airport property at the Minneapolis-St.
Paul International Airport, Minneapolis,
Minnesota, from its obligations to be
maintained for aeronautical purposes.
Approval does not constitute a
commitment by the FAA to financially
assist in the change in use of the subject
airport property nor a determination of
eligibility for grant-in-aid funding from
the FAA.
mstockstill on DSK3G9T082PROD with NOTICES
SUPPLEMENTARY INFORMATION:
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Jkt 238001
Following is a legal description of the
subject airport property to be released at
the Minneapolis-St. Paul International
Airport, Minneapolis, Minnesota:
The Southwest Quarter of Section 29,
Township 26 North, Range 23 West,
Hennepin County, Minnesota.
Described as commencing at the
northwest corner of Section 30,
Township 28 North, Range 23 West,
Hennepin County, Minnesota; thence
South 00 degrees 25 minutes 00 seconds
West, assumed bearing, along the west
line of the Northwest Quarter of said
Section 30 a distance of 705.21 feet;
thence South 58 degrees 46 minutes 43
seconds East a distance of 7307.61 feet;
thence North 31 degrees 14 minutes 07
seconds East a distance if 33.30 feet;
thence South 58 degrees 45 minutes 53
seconds East a distance of 45.62 feet to
the point of beginning; thence North 31
degrees 15 minutes 57 seconds East a
distance of 726.77 feet; thence South 58
degrees 44 minutes 03 seconds East a
distance of 681.60 feet; thence South 74
degrees 25 minutes 44 seconds West a
distance if 996.38 feet to the point of
beginning. Total Area: 5.69 acres
(247.681 square feet).
Issued in Minneapolis, Minnesota, on June
7, 2016.
Andy Peek,
Manager, Dakota-Minnesota Airports District
Office, FAA, Great Lakes Region.
[FR Doc. 2016–14803 Filed 6–21–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–[2015–0342]
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 91 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 1, 2016. The exemptions expire
on April 1, 2018.
FOR FURTHER INFORMATION CONTACT:
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
SUMMARY:
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
40743
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 1, 2016, FMCSA published
a notice of receipt of Federal diabetes
exemption applications from 91
individuals and requested comments
from the public (81 FR 10703). The
public comment period closed on March
31, 2016, and 5 comments were
received.
FMCSA has evaluated the eligibility
of the 91 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
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40744
Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices
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 91 applicants have had ITDM
over a range of 1 to 43 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 1,
2016, Federal Register notice and they
will not be repeated in this notice.
III. Discussion of Comments
FMCSA received five comments in
this proceeding. Brad Frazier, Ernie
Sanchez, James Dowden, Gregory
Skloda, and an anonymous commenter
are in favor of granting the exemptions.
mstockstill on DSK3G9T082PROD with NOTICES
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.
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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 91
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)):
Erich R. Adam (WI)
Phillip W. Ballew (GA)
Dennis B. Basmajian (PA)
Glen A. Bayne (ND)
Gary E. Bennett (NC)
Harry Berrios (MA)
Terry D. Bettcher (NE)
Jeremy S. Beyerl (PA)
Norvan D. Bilyeu (OK)
Robert P. Blum (IA)
Mario Boccio (FL)
Christopher J. Branham (SC)
Willard A. Brown (VA)
Chanley W. Carter (FL)
Trevor K. Chaplin (IA)
Candace L. Coccimiglio (PA)
Matthew C. Costa (MA)
Wilfredo Costa (NY)
Joseph F. Coyle (KY)
Robert P. Crisp (SD)
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
Philip W. Cumbie (AL)
John H. Cuppett (GA)
Quentin W.S. Dasilva (PA)
Randal L. DeBord (TN)
Eudes N. De-Leon (PA)
Eric H. DeVaughn (MD)
Aleksandr Faynkikh (NY)
Berry C. Feuerbacher (GA)
Isaac W. Fitzgerald (UT)
Alex C. Ford (IL)
Robert C. Freeman (VA)
Timothy D. Frye (NY)
Samuel J. Gonzales (NM)
Carlos Guzman-Pineda (WA)
Steven R. Hatch (MI)
William D. Herman (MN)
Kyle W. Higgs (IL)
Floyd E. Holt, Jr. (VA)
Michael J. Jaques (MN)
Randall L. Jastram (SD)
Thomas M. Johnson (NM)
Steven R. Jordan (NC)
Kevin A. Kane (NY)
Ryan B. Kincade (CA)
Christopher S. Kuiper (MN)
Herman M. Laggart (MO)
William M. LaPrade (VA)
Martin L. Layden (NY)
John Malloy (PA)
Bobby L. McCallister (WV)
James W. McMenamin (PA)
Daniel J. Milles, Jr. (FL)
Miguel A. Molina (CO)
Darin R. Mullins (NY)
Douglas B. Murrell (IN)
Joshua A. Myers (OH)
Howard L. Nelson (IA)
William C. Nelson (IA)
Chris R. Niles (WA)
Keith E. Osterbaan (MI)
George R. Otis (MA)
Bolaji B. Oyegbola (DC)
Teddy D. Peller (AL)
Jeffrey P. Peloquin (NC)
Scott A. Pietruszynski (IL)
Louis Polillo (NJ)
John P. Reed, III (NJ)
Valentin Reyna, Jr. (AZ)
Randy D. Rinnels (IA)
William A. Robinson (IA)
Thomas W. Scott, Jr. (PA)
Gregory J. Skloda (NY)
Charles L. Spencer (NY)
Ricky L. Spencer (ME)
Roy E. Stroud (IA)
Kenneth W. Terhune, Jr. (DE)
Robert B. Thomas (PA)
Raymond L. Torrez (MI)
Bore Trivuncic (FL)
William M. Turner (NJ)
Timothy C. Urrutia (ID)
Eloy O. Valdez (CA)
James H. Vogt (IL)
Ronald L. Voigt (MN)
Michael P. Volpe (MA)
James R. Watkins (UT)
Anthony G. Wick (MA)
Michael C.J. Wilcox (NY)
Donald L. Winslow (ME)
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Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices
James J. Wolf, Jr. (PA)
Kevin J. Yates (IL)
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: June 13, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–14751 Filed 6–21–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0038]
Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of denials.
AGENCY:
FMCSA announces its denial
of 78 applications from individuals who
requested an exemption from the
Federal diabetes standard applicable to
interstate truck and bus drivers and the
reasons for the denials. FMCSA has
statutory authority to exempt
individuals from the diabetes
requirement if the exemptions granted
will not compromise safety. The Agency
has concluded that granting these
exemptions does not provide a level of
safety that will be equivalent to, or
greater than, the level of safety
maintained without the exemptions for
these commercial motor vehicle (CMV)
drivers.
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:
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SUMMARY:
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Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the Federal diabetes standard for a
renewable 2-year period if it finds ‘‘such
an exemption would likely achieve a
level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such an exemption.’’
The procedures for requesting an
exemption are set forth in 49 CFR part
381.
Accordingly, FMCSA evaluated 78
individual exemption requests on their
merits and made a determination that
these applicants do not satisfy the
criteria eligibility or meet the terms and
conditions of the Federal exemption
program. Each applicant has, prior to
this notice, received a letter of final
disposition on the exemption request.
Those decision letters fully outlined the
basis for the denial and constitute final
Agency action. The list published in
this notice summarizes the Agency’s
recent denials as required under 49
U.S.C. 31315(b)(4) by periodically
publishing names and reasons for
denial.
The following applicant, Robert A.
Pettella, withdrew his application from
the application process.
The following 12 applicants met the
diabetes requirements of 49 CFR
391.41(b)(3) and do not need an
exemption:
Reuben T. Askew
Steven E. Eastburn
Quinzell Faison
James Griffin
Bayram A. Kabakci
John C. Lasbury
James M. Moore
Saul N. Morales
Jaime S. Ortiz
Curtis W. Stanley
Eric A. Williams
Allen T. Wooten
The following 21 applicants were not
operating CMVs in interstate commerce:
Felipe H. Abrego
Michael D. Adamson
Daniel J. Arena, Jr.
David R. Brooks, Jr.
Roger L. Harper
Gary T. Hedrick
Raymond Honaker
Shaun F. Hutchinson
Sondra R. Jones
Kevin M. Kurpiewski
Randy Lamb
James P. Moran
Jesse L. Mumford
Jason M. Palermo
John J. Raley II
Leonard F. Robinson
Donald G. Ross, Jr.
Tracy A. Rowland
PO 00000
Frm 00093
Fmt 4703
Sfmt 4703
40745
Rachelle M. Seaver
Robert Taylor
Robert Webb
The following 3 applicants had renal
insufficiency:
Harold J. Bowen, Jr.
Robert A. Rye
John J. Steele
The following 7 applicants had more
than one hypoglycemic episode
requiring hospitalization or the
assistance of others, or had one such
episode but not had one year of stability
following the episode:
Timothy W. Adams
Robert A. Beaty
Andrew S. Crawford
Jesse J.D. Graber
Ryan B. Silva
Jimmy R. Toton
Deborah C. Williams
The following 9 applicants had other
medical conditions making the
applicant otherwise unqualified under
the Federal Motor Carrier Safety
Regulations:
Nader M. Abdelrahman
Richard G. Baker
Patrick L. Beasley
John T. Brecken
Robert E. Davis
Marlin L. Gabbard
Marvin D. Mitchell
David W. Presby
Darrel J. Shafer
The following applicant, Tina M.M.
Kent, was unable to have an
endocrinologist state the applicant is
able to operate a CMV from a diabetes
standpoint.
The following applicant, Henry G.E.
Martinez, currently resides in Puerto
Rico. He is not eligible because a
Federal exemption is for drivers
operating only in the United States.
The following 3 applicants did not
meet the minimum age criteria outlined
in 49 CFR 391.41(b)(1) which states that
an individual must be at least 21 years
old to operate a CMV in interstate
commerce:
Ervin L. Fulton, Jr.
Henry G. McGinnis
Samuel J. Opatz
The following 19 applicants were
excepted from the diabetes standard
based on 49 CFR390.3(f):
Brian K. Aldrich
Christopher A. Ball
John A. Bowman
Wilbert A. Cummings, Jr.
Larry W. Davlin
Theodore J. Hargraves
Erick B. Hobson
Stanley Holiday, Jr.
Mark J. Huselstein
Wesley T. Johnson
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Agencies
[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Notices]
[Pages 40743-40745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14751]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-[2015-0342]
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 91 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 1, 2016. The exemptions
expire on April 1, 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 1, 2016, FMCSA published a notice of receipt of Federal
diabetes exemption applications from 91 individuals and requested
comments from the public (81 FR 10703). The public comment period
closed on March 31, 2016, and 5 comments were received.
FMCSA has evaluated the eligibility of the 91 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
[[Page 40744]]
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 91 applicants have had ITDM over a range of 1 to 43 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 1, 2016, Federal Register
notice and they will not be repeated in this notice.
III. Discussion of Comments
FMCSA received five comments in this proceeding. Brad Frazier,
Ernie Sanchez, James Dowden, Gregory Skloda, and an anonymous commenter
are in favor of granting the exemptions.
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 91 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)):
Erich R. Adam (WI)
Phillip W. Ballew (GA)
Dennis B. Basmajian (PA)
Glen A. Bayne (ND)
Gary E. Bennett (NC)
Harry Berrios (MA)
Terry D. Bettcher (NE)
Jeremy S. Beyerl (PA)
Norvan D. Bilyeu (OK)
Robert P. Blum (IA)
Mario Boccio (FL)
Christopher J. Branham (SC)
Willard A. Brown (VA)
Chanley W. Carter (FL)
Trevor K. Chaplin (IA)
Candace L. Coccimiglio (PA)
Matthew C. Costa (MA)
Wilfredo Costa (NY)
Joseph F. Coyle (KY)
Robert P. Crisp (SD)
Philip W. Cumbie (AL)
John H. Cuppett (GA)
Quentin W.S. Dasilva (PA)
Randal L. DeBord (TN)
Eudes N. De-Leon (PA)
Eric H. DeVaughn (MD)
Aleksandr Faynkikh (NY)
Berry C. Feuerbacher (GA)
Isaac W. Fitzgerald (UT)
Alex C. Ford (IL)
Robert C. Freeman (VA)
Timothy D. Frye (NY)
Samuel J. Gonzales (NM)
Carlos Guzman-Pineda (WA)
Steven R. Hatch (MI)
William D. Herman (MN)
Kyle W. Higgs (IL)
Floyd E. Holt, Jr. (VA)
Michael J. Jaques (MN)
Randall L. Jastram (SD)
Thomas M. Johnson (NM)
Steven R. Jordan (NC)
Kevin A. Kane (NY)
Ryan B. Kincade (CA)
Christopher S. Kuiper (MN)
Herman M. Laggart (MO)
William M. LaPrade (VA)
Martin L. Layden (NY)
John Malloy (PA)
Bobby L. McCallister (WV)
James W. McMenamin (PA)
Daniel J. Milles, Jr. (FL)
Miguel A. Molina (CO)
Darin R. Mullins (NY)
Douglas B. Murrell (IN)
Joshua A. Myers (OH)
Howard L. Nelson (IA)
William C. Nelson (IA)
Chris R. Niles (WA)
Keith E. Osterbaan (MI)
George R. Otis (MA)
Bolaji B. Oyegbola (DC)
Teddy D. Peller (AL)
Jeffrey P. Peloquin (NC)
Scott A. Pietruszynski (IL)
Louis Polillo (NJ)
John P. Reed, III (NJ)
Valentin Reyna, Jr. (AZ)
Randy D. Rinnels (IA)
William A. Robinson (IA)
Thomas W. Scott, Jr. (PA)
Gregory J. Skloda (NY)
Charles L. Spencer (NY)
Ricky L. Spencer (ME)
Roy E. Stroud (IA)
Kenneth W. Terhune, Jr. (DE)
Robert B. Thomas (PA)
Raymond L. Torrez (MI)
Bore Trivuncic (FL)
William M. Turner (NJ)
Timothy C. Urrutia (ID)
Eloy O. Valdez (CA)
James H. Vogt (IL)
Ronald L. Voigt (MN)
Michael P. Volpe (MA)
James R. Watkins (UT)
Anthony G. Wick (MA)
Michael C.J. Wilcox (NY)
Donald L. Winslow (ME)
[[Page 40745]]
James J. Wolf, Jr. (PA)
Kevin J. Yates (IL)
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: June 13, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-14751 Filed 6-21-16; 8:45 am]
BILLING CODE 4910-EX-P