Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 12902-12904 [2017-04389]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES 12902 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (73 FR 16946; 73 FR 31734): Edward F. Connole (MA) Gary D. Coonfield (MO) Francis W. Devine (NJ) Shannon D. Hanson (SD) Aundra Menefield (MS) James T. Rothwell (TN) Randy A. Shannon (MT) Dalton T. Smith, Jr. (IL) Marvin D. Webster (KY) Travis S. Wolfe (WV) The drivers were included in docket No. FMCSA–2008–0071. Their exemptions are effective as of June 3, 2016, and will expire on June 3, 2018. As of June 5, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 10 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (77 FR 20876; 77 FR 33264): Steven W. Beaty (SD) David D. Brown (MI) Evan P. Hansen (WI) Todd A. Heitschmidt (WA) John M. Kennedy, Jr. (NC) Jeremy A. Ludolph (KS) Gerald N. Martinson (ND) Glenn D. Taylor (NY) Thomas R. Toews (OR) James E. Waller, III (GA) The drivers were included in docket No. FMCSA–2012–0044. Their exemptions are effective as of June 5, 2016, and will expire on June 5, 2018. As of June 12, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, John C. Fisher, Jr. (PA) has satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (79 FR 22573; 79 FR 35855). This driver was included in docket No. FMCSA–2014–0015. His exemption was effective as of June 12, 2016, and will expire on June 12, 2018. As of June 20, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, Gary R. Harper (IN) has satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (79 FR 29484; 79 FR 42628). This driver was included in docket No. FMCSA–2014–0016. His exemption was effective as of June 20, 2016, and will expire on June 20, 2018. As of June 24, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 46 individuals VerDate Sep<11>2014 16:01 Mar 06, 2017 Jkt 241001 have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (79 FR 22573; 79 FR 35855): Joshua T. Adams (OH) Dennis W. Athey II (KS) John M. Behan, Jr. (MD) Peterson Benally (NM) Kirk B. Berridge (KS) Francis P. Bourgeois (LA) Randall T. Buffkin (NC) Terry S. Bunge (WI) Heladio Castillo (WA) Purvis J. Chesson (VA) Bonnie F. Craig (OR) Jeff T. Enbody (WA) Larry S. Gibson, II (NC) James M. Halapchuk (PA) Jeffery A. Hall (ME) Henry W. Hartman (NY) Marlin R. Hein (IA) Clifford E. Hill (WA) Robert E. Hunt (MT) Vincenzo Ingrassellino (NY) Davis Jansen van Beek (MT) Baek J. Kim (MD) Shawn N. Kimble (PA) Darrel G. Klauer (WI) Stephen D. Lewis (NY) Kerry W. McCarthy (IN) Alvin McClain (OR) Kenneth D. Mehmen (IA) Kyle B. Mitchell (CA) Thomas R. Moore, Jr. (AZ) Michael A. Murrell (KY) Ryan R. Ong (CA) Gregory Paradiso (OH) Brian K. Patenaude (MA) Traci L. Patterson (CA) Chad A. Powell (MO) Richard C. Schendel (MN) William A. Schimpf (CA) Frank J. Sciulli (PA) Bryan J. Smith (ND) Edward L. Stauffer (PA) William H. Stone, Sr. (FL) Kyle G. Streit (TX) Joseph D. Stutzman (PA) Raymond J. Vaillancourt (OH) Robert L. Weiland (PA) The drivers were included in docket No. FMCSA–2014–0015. Their exemptions are effective as of June 24, 2016, and will expire on June 24, 2018. As of June 26, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, Thomas R. Riley (IL) has satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (79 FR 29484; 79 FR 42628). This driver was included in docket No. FMCSA–2014–0016. His exemption was effective as of June 26, 2016, and will expire on June 26, 2018. As of June 27, 2016, and in accordance with 49 U.S.C. 31136(e) and PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 31315, the following 9 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (77 FR 27842; 77 FR 38383): Matthew R. Bagwell (NY) Eric J. Bright (IL) Kyle D. Dale (MO) Frank E. Glenn (IL) Kevin N. Mitchell (GA) Gerald Perkins (CA) Donald L. Philpott (WA) John Randolph (OK) Courtney R. Schiebout (IA) The drivers were included in docket No. FMCSA–2012–0107. Their exemptions are effective as of June 27, 2016, and will expire on June 27, 2018. In accordance with 49 U.S.C. 31315, each exemption will be valid for two years from the effective date 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 prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. Issued on: February 27, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017–04386 Filed 3–6–17; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–[2016–0380] 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 43 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 January 13, 2017. The exemptions expire on January 13, 2019. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, SUMMARY: E:\FR\FM\07MRN1.SGM 07MRN1 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices 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: http:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov and/or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. sradovich on DSK3GMQ082PROD with NOTICES II. Background On December 13, 2016, FMCSA published a notice of receipt of Federal diabetes exemption applications from 43 individuals and requested comments from the public (81 FR 90054.) The public comment period closed on January 12, 2017, and two comments were received. FMCSA has evaluated the eligibility of the 43 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 VerDate Sep<11>2014 16:01 Mar 06, 2017 Jkt 241001 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 43 applicants have had ITDM over a range of 1 to 31 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 December 13, 2016, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received two comments in this proceeding. Alexandra Warburton stated that she believes all the drivers in this notice should receive the exemptions. John Jackson stated that he does not believe Marcus D. Wade should be given an exemption due to issues related to diabetes. FMCSA has reviewed Mr. Wade’s application and determined that granting him an exemption would achieve an equivalent or greater level of safety than would be achieved without the exemption. The Agency encourages Mr. Jackson, or any other party, to submit any additional information to FMCSA regarding Mr. Wade’s condition that would substantiate the claims in the aforementioned comment. 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 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 12903 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 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 43 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): Tony E. Allen (NY) Habib Awol (MD) Michael J. Beatty (PA) Troy J. Bolduc (NH) James W. Britt (NC) Gilberto A. Cortez (NC) Lawrence Davidson (NM) E:\FR\FM\07MRN1.SGM 07MRN1 12904 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices sradovich on DSK3GMQ082PROD with NOTICES Julio Duval-Medina (NJ) Darlene R. Errichetto (MA) Michael D. Ezell (GA) Thomas E. Fey (NY) Arthur Freeman, Jr. (FL) Gregory L. Grieves (OH) Gregory S. Gustafson (TN) Becky S. Hanley (NE) Frederick M. Harris (CA) Brian W. Hinzman (SD) Emory S. Hudson, Jr. (GA) Paul E. Iacobacci (MA) David A. Kutcher (OH) Tony M. Lawrence (NY) Ronald E. Lockridge (IN) Eileen E. Manning (WI) Warren G. Marlow, Jr. (IN) Edward S. Marshall (ME) Arthur D. McFadden, Sr. (IA) Jeffrey S. Moyer (WA) Joseph M. Mraw (NJ) Richard K. E. Nelson (VA) Charles W. Norris (MA) Kevin W. Pochopin (NY) Antonio S. Romao (MA) Paul Ross, Jr. (GA) Matthew G. Russo, Jr (NJ) Cole J. Schoenneman (CA) Charles W. Scott, Jr. (MD) Mickey J. Self (GA) Jeffrey E. Sobczak (WI) Michael D. Strickland (IL) Vince D. Venezia (PA) Jared M. Wabeke (MI) Marcus D. Wade (IL) Tanner R. Walsh (MN) DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comments. AGENCY: 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: February 27, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017–04389 Filed 3–6–17; 8:45 am] BILLING CODE 4910–EX–P VerDate Sep<11>2014 16:01 Mar 06, 2017 Jkt 241001 The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection as required by the Paperwork Reduction Act of 1995 (PRA). In accordance with the requirements of the PRA, the OCC may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning the renewal of its information collection titled, ‘‘Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery.’’ The OCC also is giving notice that it has sent the collection to OMB for review. DATES: Comments must be submitted on or before April 6, 2017. ADDRESSES: Because paper mail in the Washington, DC area and at the OCC is subject to delay, commenters are encouraged to submit comments by email, if possible. Comments may be sent to: Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, Attention: 1557–0248, 400 7th Street SW., Suite 3E–218, mail stop 9W–11, Washington, DC 20219. In addition, comments may be sent by fax to (571) 465–4326 or by electronic mail to prainfo@occ.treas.gov. You may personally inspect and photocopy comments at the OCC, 400 7th Street SW., Washington, DC 20219. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 649–6700 or, for persons who are deaf or hard of hearing, TTY, (202) 649–5597. Upon arrival, visitors will be required to present valid government-issued photo identification and submit to security screening in order to inspect and photocopy comments. SUMMARY: PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 All comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not include any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. Additionally, please send a copy of your comments by mail to: OCC Desk Officer, 1557–0248, U.S. Office of Management and Budget, 725 17th Street NW., #10235, Washington, DC 20503 or by email to oira_submission@ omb.eop.gov. FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, OCC Clearance Officer, (202) 649–5490 or, for persons who are deaf or hard of hearing, TTY, (202) 649–5597, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 400 7th Street SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501–3520), Federal agencies must obtain approval from OMB for each collection of information that they conduct or sponsor. The term ‘‘collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. The OCC requests that OMB extend approval of the following information collection. Title: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery. OMB Control No.: 1557–0248. Type of Review: Regular. Affected Public: Businesses or other for-profit. Frequency of Response: On occasion. Burden Estimate: Number of Respondents: 3,000. Total Annual Burden: 2,350. Description: This generic information collection request (ICR) provides a means to solicit qualitative customer and stakeholder feedback in an efficient, timely manner, in accordance with the Federal government’s commitment to improving service delivery. Qualitative feedback is information that provides useful insights on perceptions and opinions but does not include statistical survey or quantitative results that can be attributed to the population of study. This qualitative feedback provides insights into customer or stakeholder perceptions, experiences, and expectations; provides an early warning of issues with service; and/or focuses attention on areas where communication, training, or changes in operations might improve delivery of products or services. It also enables E:\FR\FM\07MRN1.SGM 07MRN1

Agencies

[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)]
[Notices]
[Pages 12902-12904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04389]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-[2016-0380]


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 43 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 January 13, 2017. The 
exemptions expire on January 13, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA,

[[Page 12903]]

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: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    On December 13, 2016, FMCSA published a notice of receipt of 
Federal diabetes exemption applications from 43 individuals and 
requested comments from the public (81 FR 90054.) The public comment 
period closed on January 12, 2017, and two comments were received.
    FMCSA has evaluated the eligibility of the 43 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 43 applicants have had ITDM over a range of 1 to 31 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 December 13, 2016, Federal 
Register notice and they will not be repeated in this notice.

III. Discussion of Comments

    FMCSA received two comments in this proceeding. Alexandra Warburton 
stated that she believes all the drivers in this notice should receive 
the exemptions. John Jackson stated that he does not believe Marcus D. 
Wade should be given an exemption due to issues related to diabetes. 
FMCSA has reviewed Mr. Wade's application and determined that granting 
him an exemption would achieve an equivalent or greater level of safety 
than would be achieved without the exemption. The Agency encourages Mr. 
Jackson, or any other party, to submit any additional information to 
FMCSA regarding Mr. Wade's condition that would substantiate the claims 
in the aforementioned comment.

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 43 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):

Tony E. Allen (NY)
Habib Awol (MD)
Michael J. Beatty (PA)
Troy J. Bolduc (NH)
James W. Britt (NC)
Gilberto A. Cortez (NC)
Lawrence Davidson (NM)

[[Page 12904]]

Julio Duval-Medina (NJ)
Darlene R. Errichetto (MA)
Michael D. Ezell (GA)
Thomas E. Fey (NY)
Arthur Freeman, Jr. (FL)
Gregory L. Grieves (OH)
Gregory S. Gustafson (TN)
Becky S. Hanley (NE)
Frederick M. Harris (CA)
Brian W. Hinzman (SD)
Emory S. Hudson, Jr. (GA)
Paul E. Iacobacci (MA)
David A. Kutcher (OH)
Tony M. Lawrence (NY)
Ronald E. Lockridge (IN)
Eileen E. Manning (WI)
Warren G. Marlow, Jr. (IN)
Edward S. Marshall (ME)
Arthur D. McFadden, Sr. (IA)
Jeffrey S. Moyer (WA)
Joseph M. Mraw (NJ)
Richard K. E. Nelson (VA)
Charles W. Norris (MA)
Kevin W. Pochopin (NY)
Antonio S. Romao (MA)
Paul Ross, Jr. (GA)
Matthew G. Russo, Jr (NJ)
Cole J. Schoenneman (CA)
Charles W. Scott, Jr. (MD)
Mickey J. Self (GA)
Jeffrey E. Sobczak (WI)
Michael D. Strickland (IL)
Vince D. Venezia (PA)
Jared M. Wabeke (MI)
Marcus D. Wade (IL)
Tanner R. Walsh (MN)

    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is 
valid for two years unless revoked earlier by FMCSA. The exemption will 
be revoked if the following occurs: (1) The person fails to comply with 
the terms and conditions of the exemption; (2) the exemption has 
resulted in a lower level of safety than was maintained before it was 
granted; or (3) continuation of the exemption would not be consistent 
with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the 
exemption is still effective at the end of the 2-year period, the 
person may apply to FMCSA for a renewal under procedures in effect at 
that time.

    Issued on: February 27, 2017.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2017-04389 Filed 3-6-17; 8:45 am]
 BILLING CODE 4910-EX-P