Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 79554-79556 [2016-27271]

Download as PDF 79554 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices delegated pursuant to Delegation of Authority 245–1, dated February 13, 2009, I hereby delegate to the Assistant Secretary for Political-Military Affairs, to the extent authorized by law, the authority to exercise the functions conferred on the Secretary of State regarding the determination of countries eligible for the provision of training pursuant to section 1251 of the NDAA. Notwithstanding this delegation of authority, any function or authority delegated herein may be exercised by the Secretary, the Deputy Secretary, the Deputy Secretary for Management and Resources, or the Under Secretary for Arms Control and International Security. Any reference in this delegation of authority to any statute or delegation of authority shall be deemed to be a reference to such statute or delegation of authority as amended from time to time. This delegation of authority shall be published in the Federal Register. Dated: September 6, 2016. Antony J Blinken, Deputy Secretary of State. DEPARTMENT OF STATE [Public Notice: 9787] mstockstill on DSK3G9T082PROD with NOTICES In the Matter of the Amendment of the Designation of Al-Nusrah Front (and Other Aliases) as a Foreign Terrorist Organization Pursuant to Section 219 of the Immigration and Nationality Act, as Amended Based upon a review of the Administrative Record assembled pursuant to Section 219 of the Immigration and Nationality Act, as amended (8 U.S.C. 1189) (‘‘INA’’), and in consultation with the Attorney General and the Secretary of the Treasury, I have concluded that there is a sufficient factual basis to find that AlNusrah Front (and other aliases) uses the additional alias Jabhat Fath al Sham, also known as Jabhat Fath al-Sham, also known as Jabhat Fatah al-Sham, also known as Jabhat Fateh al-Sham, also known as Fatah al-Sham Front, also known as Fateh Al-Sham Front, also known as Conquest of the Levant Front, also known as The Front for liberation of al Sham, also known as Front for the Conquest of Syria/the Levant, also known as Front for the Liberation of the Levant, also known as Front for the Conquest of Syria. Therefore, pursuant to Section 219(b) of the INA, as amended (8 U.S.C. 1189(b)), I hereby amend the 17:26 Nov 10, 2016 Jkt 241001 Dated: October 19, 2016. John F. Kerry, Secretary of State. [FR Doc. 2016–27317 Filed 11–10–16; 8:45 am] BILLING CODE 4710–AD–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–[2016–0220] Qualification of Drivers; Exemption Applications; Diabetes Mellitus [FR Doc. 2016–27324 Filed 11–10–16; 8:45 am] AGENCY: BILLING CODE 4710–AD–P Based upon a review of the administrative record assembled in this matter, and in consultation with the Attorney General and the Secretary of the Treasury, I have concluded that there is a sufficient factual basis to find that Al-Nusrah Front (and other aliases), uses the alias Jabhat Fath al Sham, also known as Jabhat Fath al-Sham, also known as Jabhat Fatah al-Sham, also known as Jabhat Fateh al-Sham, also known as Fatah al-Sham Front, also known as Fateh Al-Sham Front, also known as Conquest of the Levant Front, also known as The Front for liberation of al Sham, also known as Front for the Conquest of Syria/the Levant, also known as Front for the Liberation of the Levant, also known as Front for the Conquest of Syria. Therefore, pursuant to Section 1(b) of Executive Order 13224, I hereby amend the designation of Al-Nusrah Front as a Specially Designated Global Terrorist to include the following new aliases: Jabhat Fath al Sham, also known as Jabhat Fath al-Sham, also known as Jabhat Fatah al-Sham, also known as Jabhat Fateh al-Sham, also known as Fatah al-Sham Front, also known as Fateh Al-Sham Front, also known as Conquest of the Levant Front, also known as The Front for liberation of al Sham, also known as Front for the Conquest of Syria/the Levant, also known as Front for the Liberation of the PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. FMCSA confirms its decision to exempt 58 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 October 20, 2016. The exemptions expire on October 20, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64– 113, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m. e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: SUMMARY: DEPARTMENT OF STATE In the Matter of the Amendment of the Designation of Al-Nusrah Front (and Other Aliases) as a Specially Designated Global Terrorist BILLING CODE 4710–25–P Levant, also known as Front for the Conquest of Syria. This determination shall be published in the Federal Register. Dated: October 19, 2016. John F. Kerry, Secretary of State. [Public Notice: 9788] [FR Doc. 2016–27351 Filed 11–10–16; 8:45 am] VerDate Sep<11>2014 designation of Al-Nusrah Front as a foreign terrorist organization to include the following new aliases: Jabhat Fath al Sham, also known as Jabhat Fath alSham, also known as Jabhat Fatah alSham, also known as Jabhat Fateh alSham, also known as Fatah al-Sham Front, also known as Fateh Al-Sham Front, also known as Conquest of the Levant Front, also known as The Front for liberation of al Sham, also known as Front for the Conquest of Syria/the Levant, also known as Front for the Liberation of the Levant, also known as Front for the Conquest of Syria. This determination shall be published in the Federal Register. 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 E:\FR\FM\14NON1.SGM 14NON1 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. mstockstill on DSK3G9T082PROD with NOTICES II. Background On September 19, 2016, FMCSA published a notice of receipt of Federal diabetes exemption applications from 58 individuals and requested comments from the public (81 FR 64257. The public comment period closed on October 19, 2016, and no comments were received. FMCSA has evaluated the eligibility of the 58 applicants and determined that granting the exemptions to these individuals would achieve a level of safety equivalent to or greater than the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(3). Diabetes Mellitus and Driving Experience of the Applicants The Agency established the current requirement for diabetes in 1970 because several risk studies indicated that drivers with diabetes had a higher rate of crash involvement than the general population. The diabetes rule provides that ‘‘A person is physically qualified to drive a commercial motor vehicle if that person has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control’’ (49 CFR 391.41(b)(3)). FMCSA established its diabetes exemption program, based on the Agency’s July 2000 study entitled ‘‘A Report to Congress on the Feasibility of a Program to Qualify Individuals with Insulin-Treated Diabetes Mellitus to Operate in Interstate Commerce as Directed by the Transportation Act for the 21st Century.’’ The report concluded that a safe and practicable protocol to allow some drivers with ITDM to operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal Register notice in conjunction with the November 8, 2005 (70 FR 67777), Federal Register notice provides the current protocol for allowing such drivers to operate CMVs in interstate commerce. These 58 applicants have had ITDM over a range of 1 to 42 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 VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 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 September 19, 2016, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received no comments in this proceeding. IV. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. To evaluate the effect of these exemptions on safety, FMCSA considered medical reports about the applicants’ ITDM and vision, and reviewed the treating endocrinologists’ medical opinion related to the ability of the driver to safely operate a CMV while using insulin. Consequently, FMCSA finds that in each case exempting these applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is likely to achieve a level of safety equal to that existing without the exemption. V. Conditions and Requirements The terms and conditions of the exemption will be provided to the applicants in the exemption document and they include the following: (1) That each individual submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) that each individual reports within 2 business days of occurrence, all episodes of severe hypoglycemia, significant complications, or inability to manage diabetes; also, any involvement in an accident or any other adverse event in a CMV or personal vehicle, whether or not it is related to an episode of hypoglycemia; (3) that each individual provide a copy of the ophthalmologist’s or optometrist’s report to the medical examiner at the time of the annual medical examination; and (4) that each individual provide a copy of the annual PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 79555 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 58 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(3), subject to the requirements cited above 49 CFR 391.64(b): Ardell M. Banta, Sr. (IA) Ronald I. Barker (MI) William J. Bartlett (IA) Griselda R. Begay (UT) Darrell L. Boehning (IN) John M. Bracken (PA) Thomas E. Brennan (PA) Matthew W. Brown (OK) Norman Brown (ME) Walter L. Coon, II (CA) Roy L. Cox (NC) Robert S. Downie, Jr. (PA) Frank A. Eagen (WI) Joseph F. Figueroa (WI) Ernest R. Grasso (MA) Nolan Graves (MI) Darryl W. Grimes (TN) Henry L. Hardin (GA) John L. Hargis, Jr. (MO) Michael G. Haskins (VA) Howard C. Hayes (OK) Kevin L. Hess (WA) Joshua P. Hewson (ND) Karen A. Holzwarth (PA) Michael R. Jacklin (WI) Richard P. Janney (DE) Hershell D. Jones (KY) William H. Kline (OH) Mitchell A. Langford (OR) Michael J. Lipovsky (CT) Edward J. Manley (PA) Joshua L. Mattas (PA) Raymond E. McGuire (PA) Ismael Mejia (WA) James L. Morgan, Jr. (NC) Shane M. Olden (PA) Wade B. Patrick (NY) Shawn B. Persinger (WY) Timothy J. Peterson (NE) Donald E. Ramper, Jr. (MD) Jose W. Rodriguez (WI) Stewart R. Rowell (TX) William T. Shreeve (TN) David L. Smith (TX) James A. Stock (WI) Marlon Taylor (OH) Eddie B. Thacker (KY) Earnest A. Tillman, III (FL) William C. Tomlinson (GA) David E. Walters (NM) Brennan S. Watkins (VT) Julius Williams (MS) E:\FR\FM\14NON1.SGM 14NON1 79556 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices Kevin A. Wilson (WV) Jeffrey S. Wine (IA) John T. Witcraft (SD) William B. Witzel (SC) P. Wayne Woodward, Jr. (NY) Richard Wynn (TX) 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: November 2, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–27271 Filed 11–10–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0268] Hours of Service of Drivers: Trailways Companies Exemption; FAST Act Extension of Expiration Date Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice; extension of exemption. operations under this exemption would likely achieve a level of safety equivalent to or greater than the level of safety that would be obtained in the absence of the exemption. DATES: This limited exemption is effective from June 4, 2015, through June 4, 2020. FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614–942–6477. Email: MCPSD@dot.gov. SUPPLEMENTARY INFORMATION: Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the Federal Register [49 CFR 381.315(a)]. Section 5206(b)(2)(A) of the ‘‘Fixing America’s Surface Transportation Act,’’ (FAST Act), effective October 1, 2015, requires FMCSA to extend any exemption from any provision of the HOS regulations under 49 CFR part 395 that was in effect on the date of enactment of the Act for a period of 5 years from the date the exemption was granted. The exemption may be renewed. Because this action merely implements a statutory mandate that took effect on the date of enactment of the FAST Act, notice and comment are not required. AGENCY: Trailways Exemption FMCSA announces the extension of the 2015 exemption granted to Trailways Companies (Trailways) and other regular-route forhire passenger carriers. The Agency extends the expiration date from June 4, 2015, to June 4, 2020, in response to the ‘‘Fixing America’s Surface Transportation Act’’ (FAST Act). That Act extends the expiration date of hours-of-service (HOS) exemptions in effect on the date of enactment of the FAST Act to 5 years from the date of issuance of the exemptions. This exemption provides that drivers of passenger-carrying vehicles with regularly scheduled routes are exempted from changing their duty status from ‘‘driving’’ to ‘‘on-duty not driving’’ when making stops of less than 10 minutes for the limited purpose of picking up or dropping off passengers, baggage, or small express packages. The Agency previously determined that Trailways, a regular-route passenger carrier, applied for a limited exemption on behalf of Adirondack Trailways, Pine Hill Trailways, New York Trailways and all other regular-route passenger carriers and their drivers, from the change of duty status requirements in 49 CFR 395.8(c). Trailways had requested that drivers with regularly scheduled routes be exempted from changing their duty status from ‘‘driving’’ to ‘‘on-duty not driving’’ when making stops of less than 10 minutes for the limited purpose of picking up or dropping off passengers, baggage, or small express packages. FMCSA reviewed the application and the public comments and concluded that allowing these drivers to perform their daily duties without having to record short-term changes in duty status would promote safety at least as effectively as the logbook regulations in 49 CFR part 395.8(c). Trailways held a similar 2-year exemption from 2013 to 2015. A Notice of Final Determination granting the Trailways exemption was mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 PO 00000 Frm 00146 Fmt 4703 Sfmt 4703 published on June 4, 2015 [80 FR 31961]. The substance of the exemption is not affected by this extension. The exemption covers only the driver’s record of duty status regulations [49 CFR 395.8(c)]. The exemption is restricted to drivers employed by Trailways and other regular-route forhire passenger carriers. Instead of complying with the provisions in 49 CFR 395.8(c), these drivers are exempted from changing their duty status from ‘‘driving’’ to ‘‘on-duty not driving’’ when making stops of less than 10 minutes. The FMCSA does not believe the safety record of any driver operating under this exemption will deteriorate. However, should deterioration in safety occur, FMCSA will take all steps necessary to protect the public interest, including revocation of the exemption. The FMCSA has the authority to terminate the exemption at any time the Agency has the data/information to conclude that safety is being compromised. Issued on: November 3, 2016. T.F. Scott Darling, III, Administrator. [FR Doc. 2016–27269 Filed 11–10–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0420] Hours of Service of Drivers: Specialized Carriers & Rigging Association (SC&RA) Exemption; FAST Act Extension of Expiration Date Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice; extension of exemption. AGENCY: FMCSA announces the extension of the 2015 exemption granted to the Specialized Carriers and Rigging Association (SC&RA) for the transportation of loads that exceed normal weight and dimensional limits. The exemption applies to all oversizeoverweight permitted loads whose drivers are not required to comply with the 30-minute rest break rule. The Agency extends the expiration date to June 17, 2020, in response to section 5206(b)(2)(A) of the ‘‘Fixing America’s Surface Transportation Act’’ (FAST Act). That section extends the expiration date of hours-of-service (HOS) exemptions in effect on the date of enactment of the FAST Act to 5 years SUMMARY: E:\FR\FM\14NON1.SGM 14NON1

Agencies

[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79554-79556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27271]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-[2016-0220]


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 58 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 October 20, 2016. The 
exemptions expire on October 20, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. 
e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: https://www.regulations.gov.
    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

[[Page 79555]]

described in the system of records notice (DOT/ALL-14 FDMS), which can 
be reviewed at www.dot.gov/privacy.

II. Background

    On September 19, 2016, FMCSA published a notice of receipt of 
Federal diabetes exemption applications from 58 individuals and 
requested comments from the public (81 FR 64257. The public comment 
period closed on October 19, 2016, and no comments were received.
    FMCSA has evaluated the eligibility of the 58 applicants and 
determined that granting the exemptions to these individuals would 
achieve a level of safety equivalent to or greater than the level that 
would be achieved by complying with the current regulation 49 CFR 
391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current requirement for diabetes in 1970 
because several risk studies indicated that drivers with diabetes had a 
higher rate of crash involvement than the general population. The 
diabetes rule provides that ``A person is physically qualified to drive 
a commercial motor vehicle if that person has no established medical 
history or clinical diagnosis of diabetes mellitus currently requiring 
insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the 
Agency's July 2000 study entitled ``A Report to Congress on the 
Feasibility of a Program to Qualify Individuals with Insulin-Treated 
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the 
Transportation Act for the 21st Century.'' The report concluded that a 
safe and practicable protocol to allow some drivers with ITDM to 
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal 
Register notice in conjunction with the November 8, 2005 (70 FR 67777), 
Federal Register notice provides the current protocol for allowing such 
drivers to operate CMVs in interstate commerce.
    These 58 applicants have had ITDM over a range of 1 to 42 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 September 19, 2016, Federal 
Register notice and they will not be repeated in this notice.

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption 
is likely to achieve an equivalent or greater level of safety than 
would be achieved without the exemption. The exemption allows the 
applicants to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA 
considered medical reports about the applicants' ITDM and vision, and 
reviewed the treating endocrinologists' medical opinion related to the 
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these 
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is 
likely to achieve a level of safety equal to that existing without the 
exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption will be provided to the 
applicants in the exemption document and they include the following: 
(1) That each individual submit a quarterly monitoring checklist 
completed by the treating endocrinologist as well as an annual 
checklist with a comprehensive medical evaluation; (2) that each 
individual reports within 2 business days of occurrence, all episodes 
of severe hypoglycemia, significant complications, or inability to 
manage diabetes; also, any involvement in an accident or any other 
adverse event in a CMV or personal vehicle, whether or not it is 
related to an episode of hypoglycemia; (3) that each individual provide 
a copy of the ophthalmologist's or optometrist's report to the medical 
examiner at the time of the annual medical examination; and (4) that 
each individual provide a copy of the annual medical certification to 
the employer for retention in the driver's qualification file, or keep 
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when 
driving, for presentation to a duly authorized Federal, State, or local 
enforcement official.

VI. Conclusion

    Based upon its evaluation of the 58 exemption applications, FMCSA 
exempts the following drivers from the diabetes requirement in 49 CFR 
391.41(b)(3), subject to the requirements cited above 49 CFR 391.64(b):

Ardell M. Banta, Sr. (IA)
Ronald I. Barker (MI)
William J. Bartlett (IA)
Griselda R. Begay (UT)
Darrell L. Boehning (IN)
John M. Bracken (PA)
Thomas E. Brennan (PA)
Matthew W. Brown (OK)
Norman Brown (ME)
Walter L. Coon, II (CA)
Roy L. Cox (NC)
Robert S. Downie, Jr. (PA)
Frank A. Eagen (WI)
Joseph F. Figueroa (WI)
Ernest R. Grasso (MA)
Nolan Graves (MI)
Darryl W. Grimes (TN)
Henry L. Hardin (GA)
John L. Hargis, Jr. (MO)
Michael G. Haskins (VA)
Howard C. Hayes (OK)
Kevin L. Hess (WA)
Joshua P. Hewson (ND)
Karen A. Holzwarth (PA)
Michael R. Jacklin (WI)
Richard P. Janney (DE)
Hershell D. Jones (KY)
William H. Kline (OH)
Mitchell A. Langford (OR)
Michael J. Lipovsky (CT)
Edward J. Manley (PA)
Joshua L. Mattas (PA)
Raymond E. McGuire (PA)
Ismael Mejia (WA)
James L. Morgan, Jr. (NC)
Shane M. Olden (PA)
Wade B. Patrick (NY)
Shawn B. Persinger (WY)
Timothy J. Peterson (NE)
Donald E. Ramper, Jr. (MD)
Jose W. Rodriguez (WI)
Stewart R. Rowell (TX)
William T. Shreeve (TN)
David L. Smith (TX)
James A. Stock (WI)
Marlon Taylor (OH)
Eddie B. Thacker (KY)
Earnest A. Tillman, III (FL)
William C. Tomlinson (GA)
David E. Walters (NM)
Brennan S. Watkins (VT)
Julius Williams (MS)

[[Page 79556]]

Kevin A. Wilson (WV)
Jeffrey S. Wine (IA)
John T. Witcraft (SD)
William B. Witzel (SC)
P. Wayne Woodward, Jr. (NY)
Richard Wynn (TX)

    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: November 2, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-27271 Filed 11-10-16; 8:45 am]
BILLING CODE 4910-EX-P

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