Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 20966-20968 [2017-09004]

Download as PDF 20966 Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices Thornburg reported that he has driven straight trucks for 5 years, accumulating 225,000 miles. He holds a chauffer’s license from Michigan. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Eric J. Wickman Mr. Wickman, 47, had his right eye enucleated due to a traumatic incident in 1996. The visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ‘‘In summary, given the stable nature of Eric’s visual deficiency and stable ocular health of his left eye, I feel that Eric functions well and is fully able to perform all driving tasks without restriction at this time.’’ Mr. Wickman reported that he has driven straight trucks for 22 years, accumulating 3.3 million miles, and tractor-trailer combinations for 22 years, accumulating 3.3 million miles. He holds a Class CA CDL from Michigan. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. pmangrum on DSK3GDR082PROD with NOTICES Don S. Williams Mr. Williams, 58, has a prosthetic right eye due to a traumatic incident in childhood. The visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ‘‘It is therefore my opinion that Mr. Williams has full field of vision and would not have difficulty driving any type of motor vehicle.’’ Mr. Williams reported that he has driven straight trucks for 12 years, accumulating 480,000 miles, and tractor-trailer combinations for 8 years, accumulating 880,000 miles. He holds an operator’s license from Alabama. 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 9 mph. Garfield M. Williams Mr. Williams, 40, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/200, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ‘‘It is in my opinion that Mr. Williams does have sufficient vision to perform the driving tasks required to operate a commercial vehicle and will have no difficulty seeing at night.’’ Mr. Williams reported that he has driven tractor-trailer combinations for 7 years, accumulating 297,500 miles. He holds a Class A CDL from Texas. His driving record for the last 3 years shows no crashes and one conviction for a moving VerDate Sep<11>2014 14:39 May 03, 2017 Jkt 241001 violation in a CMV; he failed to obey a traffic control device. James J. Wyles Mr. Wyles, 39, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is hand motion, and in his left eye, 20/20. Following an examination in 2016, his ophthalmologist stated, ‘‘He has sufficient vision to operate a commercial vehicle.’’ Mr. Wyles reported that he has driven straight trucks for 23 years, accumulating 644,000 miles and tractor-trailer combinations for 3 years, accumulating 120,000 miles. He holds a Class A CDL from North Carolina. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. III. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this notice, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and put the docket number FMCSA–2017–0017 in the ‘‘Keyword’’ box, and click ‘‘Search’’. When the new screen appears, click on ‘‘Comment Now!’’ button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA will consider all comments and material received during the comment period. FMCSA may issue a final determination at any time after the close of the comment period. PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov and insert the docket number FMCSA–2017–0017 in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ button and choose the document listed to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Issued on: April 27, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017–09000 Filed 5–3–17; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2016–0035] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt 46 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 May 13, 2016. The exemptions expire on May 13, 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: I. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: http:// www.regulations.gov. E:\FR\FM\04MYN1.SGM 04MYN1 Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices 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. pmangrum on DSK3GDR082PROD with NOTICES II. Background On April 12, 2016, FMCSA published a notice of receipt of Federal diabetes exemption applications from 46 individuals and requested comments from the public (81 FR 21649.) The public comment period closed on May 12, 2016, and no comments were received. FMCSA has evaluated the eligibility of the 46 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 VerDate Sep<11>2014 14:39 May 03, 2017 Jkt 241001 the current protocol for allowing such drivers to operate CMVs in interstate commerce. These 46 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 April 12, 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 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 20967 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 46 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)): William M. Adams (SC) Gerald L. Beideck (OR) John J. Bizanos (NY) Joseph T. Bohnert (PA) Phillip J. Boruszewski (IL) Harold F. Braithwaite (OH) Kenneth H. Brown (NY) Alfred S. Church, Jr. (IN) James R. Conley (IN) Irvin L. Davis (VA) Richard J. Dudzenski (PA) William M. Dutton (ND) Richard W. Favier (CT) Richard G. Fiscus, Jr. (MA) Donald Fleming (IL) Sergio Garza (IL) Stanley L. Gear (MO) Ira S. Gelb (MA) Raymond C. Hartill (WA) Todd E. Himebauch (IL) John R. Hofmann, Jr. (IL) Matthew E. Ingham (WA) Grant L. Jensen (SD) Victor E. Kaneps (CO) Albert J. Laubauskas (NJ) Michael M. Lillie (MI) Barrington F. Mahabee (NY) Brandon T. A. Maines (MT) Robert J. Marnell (IA) Clayton E. McCoy (TX) Andrew J. Neset (ND) Scott A. Newell (MI) Braydon D. Paytas (UT) Edward C. Pisiakowski (CT) William J. Pratt (MN) Juan Rangel (CA) E:\FR\FM\04MYN1.SGM 04MYN1 20968 Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices Kyle L. Roy (OH) Nicola D. Santopietro (CT) Gary R. Silver (FL) Ryan D. Simmons (WA) Jerry G. Smith (NC) William J. Taylor (IN) Roy E. Tompkins (NY) Vasilios Tsimis (NY) Craig J. Voudren (VA) Donald L. Yamauchi (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: April 27, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017–09004 Filed 5–3–17; 8:45 am] BILLING CODE 4910–EX–P the intent of moving for a Committee vote to approve the same. This agenda is subject to change, including the possible addition of further proposed tasks. The RSAC meeting is scheduled to commence at 9:30 a.m. on Thursday, May 25, 2017, and will adjourn by 4:30 p.m. DATES: The RSAC meeting will be held at the National Association of Home Builders, National Housing Center, located at 1201 15th Street NW., Washington, DC 20005. The meeting is open to the public on a first-come, firstserved basis, and is accessible to individuals with disabilities. Sign and oral interpretation can be made available if requested 10 calendar days before the meeting. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Kenton Kilgore, RSAC Administrative Officer/Coordinator, FRA, 1200 New Jersey Avenue SE., Mailstop 25, Washington, DC 20590, (202) 493–6286; or Robert Lauby, Associate Administrator for Railroad Safety and Chief Safety Officer, FRA, 1200 New Jersey Avenue SE., Mailstop 25, Washington, DC 20590, (202) 493–6474. Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92– 463), FRA is giving notice of a meeting of the RSAC. The RSAC was established to provide advice and recommendations to FRA on railroad safety matters. The RSAC is composed of 59 voting representatives from 38 member organizations, representing various rail industry perspectives. In addition, there are non-voting advisory representatives from the agencies with railroad safety regulatory responsibility in Canada and Mexico, the National Transportation Safety Board, and the Federal Transit Administration. The diversity of the RSAC ensures the requisite range of views and expertise necessary to discharge its responsibilities. See the RSAC Web site for details on prior RSAC activities and pending tasks at http://rsac.fra.dot.gov/. Please refer to the notice published in the Federal Register on March 11, 1996 (61 FR 9740), for additional information about the RSAC. SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2000–7257, Notice No. 85] Railroad Safety Advisory Committee; Notice of Meeting Federal Railroad Administration, Department of Transportation. ACTION: Notice of Railroad Safety Advisory Committee (RSAC) meeting. AGENCY: FRA announces the fiftyseventh meeting of the RSAC, a Federal Advisory Committee (Committee) that develops recommendations on railroad safety regulations and other railroad safety issues through a consensus process. This meeting has been rescheduled from January 26, 2017, the previously announced date. The RSAC meeting topics will include opening remarks from the FRA Associate Administrator for Railroad Safety and Chief Safety Officer, as well as a status report from the Engineering Task Force. In addition, FRA will present to the Committee the consensus recommendations from the Hazardous Materials Working Group’s retrospective review of certain portions of the Hazardous Materials Regulations, with pmangrum on DSK3GDR082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 14:39 May 03, 2017 Jkt 241001 Robert C. Lauby, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2017–08958 Filed 5–3–17; 8:45 am] BILLING CODE 4910–06–P PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE TREASURY Community Development Financial Institutions Fund Funding Opportunity Title: Notice of Allocation Availability (NOAA) Inviting Applications for the Calendar Year (CY) 2017 Allocation Round of the New Markets Tax Credit (NMTC) Program Announcement Type: Announcement of allocation availability. Dates: Electronic applications must be received by 5:00 p.m. ET on June 21, 2017. Applications sent by mail, facsimile, or other form will not be accepted. Please note the Community Development Financial Institutions Fund (CDFI Fund) will only accept applications and attachments (e.g., the Controlling Entity’s representative signature page, Assurances and Certifications supporting documents, investor letters, organizational charts) in electronic form (see Section IV.C of this NOAA for more details). Applications must meet all eligibility and other requirements and deadlines, as applicable, set forth in this NOAA. Any Applicant that is not yet certified as a Community Development Entity (CDE) must submit an application for CDE certification through the CDFI Fund’s Awards Management Information System (AMIS) on or before 5:00 p.m. ET on May 17, 2017 (see Section III.A.1 of this NOAA for more details on CDE certification). Executive Summary: This NOAA is issued in connection with the CY 2017 allocation round (Allocation Round) of the New Markets Tax Credit Program (NMTC Program), as authorized by Title I, subtitle C, section 121 of the Community Renewal Tax Relief Act of 2000 (Pub. L. 106–554) and amended by section 221 of the American Jobs Creation Act of 2004 (Pub. L. 108–357), section 101 of the Gulf Opportunity Zone Act of 2005 (Pub. L. 108–357), Division A, section 102 of the Tax Relief and Health Care Act of 2006 (Pub. L. 109–432), section 733 of the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 (Pub. L. 111–312), section 305 of the American Taxpayer Relief Act of 2012 (Pub. L. 112–240), and section 115 of the Tax Increase Prevention Act of 2014 (Pub. L. 113–295), section 141 of the Protecting Americans from Tax Hikes Act (PATH) of 2015. Through the NMTC Program, the CDFI Fund provides authority to CDEs to offer an incentive to investors in the form of tax credits over seven years, which is expected to stimulate the provision of private investment capital that, in turn, E:\FR\FM\04MYN1.SGM 04MYN1

Agencies

[Federal Register Volume 82, Number 85 (Thursday, May 4, 2017)]
[Notices]
[Pages 20966-20968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09004]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2016-0035]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

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

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to exempt 46 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 May 13, 2016. The exemptions 
expire on May 13, 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: http://www.regulations.gov.

[[Page 20967]]

    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 April 12, 2016, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from 46 individuals and requested 
comments from the public (81 FR 21649.) The public comment period 
closed on May 12, 2016, and no comments were received.
    FMCSA has evaluated the eligibility of the 46 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 46 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 April 12, 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 46 exemption applications, FMCSA 
exempts the following drivers from the diabetes requirement in 49 CFR 
391.41(b)(10), subject to the requirements cited above (49 CFR 
391.64(b)):

William M. Adams (SC)
Gerald L. Beideck (OR)
John J. Bizanos (NY)
Joseph T. Bohnert (PA)
Phillip J. Boruszewski (IL)
Harold F. Braithwaite (OH)
Kenneth H. Brown (NY)
Alfred S. Church, Jr. (IN)
James R. Conley (IN)
Irvin L. Davis (VA)
Richard J. Dudzenski (PA)
William M. Dutton (ND)
Richard W. Favier (CT)
Richard G. Fiscus, Jr. (MA)
Donald Fleming (IL)
Sergio Garza (IL)
Stanley L. Gear (MO)
Ira S. Gelb (MA)
Raymond C. Hartill (WA)
Todd E. Himebauch (IL)
John R. Hofmann, Jr. (IL)
Matthew E. Ingham (WA)
Grant L. Jensen (SD)
Victor E. Kaneps (CO)
Albert J. Laubauskas (NJ)
Michael M. Lillie (MI)
Barrington F. Mahabee (NY)
Brandon T. A. Maines (MT)
Robert J. Marnell (IA)
Clayton E. McCoy (TX)
Andrew J. Neset (ND)
Scott A. Newell (MI)
Braydon D. Paytas (UT)
Edward C. Pisiakowski (CT)
William J. Pratt (MN)
Juan Rangel (CA)

[[Page 20968]]

Kyle L. Roy (OH)
Nicola D. Santopietro (CT)
Gary R. Silver (FL)
Ryan D. Simmons (WA)
Jerry G. Smith (NC)
William J. Taylor (IN)
Roy E. Tompkins (NY)
Vasilios Tsimis (NY)
Craig J. Voudren (VA)
Donald L. Yamauchi (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: April 27, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-09004 Filed 5-3-17; 8:45 am]
 BILLING CODE 4910-EX-P