Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 22605-22606 [2017-09855]
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Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices
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.
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.
Issued on: May 9, 2017.
Larry W. Minor,
Associate Administrator for Policy.
II. Background
On March 27, 2017, FMCSA
published a notice of receipt of Federal
diabetes exemption applications from
40 individuals and requested comments
from the public (82 FR 15271). The
public comment period closed on April
26, 2017, and no comments were
received.
FMCSA has evaluated the eligibility
of the 40 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).
[FR Doc. 2017–09857 Filed 5–15–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2017–0030]
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 40 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 27, 2017. The exemptions
expire on April 27, 2019.
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:
sradovich on DSK3GMQ082PROD with NOTICES
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., 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
VerDate Sep<11>2014
16:42 May 15, 2017
Jkt 241001
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 40 applicants have had ITDM
over a range of 1 to 35 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
PO 00000
Frm 00129
Fmt 4703
Sfmt 4703
22605
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 27,
2017, 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
E:\FR\FM\16MYN1.SGM
16MYN1
22606
Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices
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.
sradovich on DSK3GMQ082PROD with NOTICES
VI. Conclusion
16:42 May 15, 2017
Issued on: May 9, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–09855 Filed 5–15–17; 8:45 am]
BILLING CODE 4910–EX–P
Based upon its evaluation of the 40
exemption applications, FMCSA
exempts the following drivers from the
diabetes requirement in 49 CFR
391.41(b)(3):
Felix M. Alicea (NJ)
Ryan T. Anderson (MT)
Vladimir Azbel (NY)
Darren E. Barrett (AZ)
Douglas D. Bartley (SC)
Haydee G. Bast (NY)
Robert D. Bravo (CA)
John E. Carter (AL)
Christopher A. Cleaves (ME)
Jacob M. Cox (NY)
Larry S. Crosby (GA)
Dean G. Franck (CO)
Irving Gandy 3rd (NJ)
Bryan D. Giddings (IN)
Sidney Greenlee (GA)
Caleb D. Jahn (CO)
Jason T. Langshaw (RI)
John L. Lensch (IA)
Jaxon S. Lind (MN)
Jesse E. Long (CT)
Gregory B. Lowry (UT)
Paul J. Marsh (NY)
Richard D. Marty (WA)
Scott A. Meade (OH)
Pedro Mejia (NJ)
Maynard D. Moore (MO)
Bret D. Noffke (WI)
Dennis K. Rottenbucher (SD)
Joseph J. Schwartz (PA)
Benjamin N. Smith (CT)
Matthew Spahr (PA)
Aaron M. Stoltzfus (SC)
Daniel Suarez (NJ)
Tyler B. Terrill (WI)
Jason M. Thomas (KY)
Steven L. Tiefenthaler (IA)
Joseph D. Wallace (IL)
David L. White (AR)
Paul B. Woodward (PA)
Miguel L. Xilotl (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
VerDate Sep<11>2014
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.
Jkt 241001
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Sanctions Actions Pursuant to
Executive Order 13224
Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
AGENCY:
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing the names
of 3 individuals and 1 entity whose
property and interests in property are
blocked pursuant to Executive Order
13224 of September 23, 2001, ‘‘Blocking
Property and Prohibiting Transactions
With Persons Who Commit, Threaten To
Commit, or Support Terrorism.’’
DATES: OFAC’s actions described in this
notice were effective on May 11, 2017.
FOR FURTHER INFORMATION CONTACT:
Associate Director for Global Targeting,
tel.: 202/622–2420, Assistant Director
for Sanctions Compliance & Evaluation,
tel.: 202/622–2490, Assistant Director
for Licensing, tel.: 202/622–2480, Office
of Foreign Assets Control, or Chief
Counsel (Foreign Assets Control), tel.:
202/622–2410, Office of the General
Counsel, Department of the Treasury
(not toll free numbers).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Electronic Availability
The SDN List and additional
information concerning OFAC sanctions
programs are available from OFAC’s
Web site (www.treas.gov/ofac).
Notice of OFAC Actions
On May 11, 2017, OFAC blocked the
property and interests in property of the
following 3 individuals and 1 entity
pursuant to E.O. 13224, ‘‘Blocking
Property and Prohibiting Transactions
With Persons Who Commit, Threaten To
Commit, or Support Terrorism’’:
Individuals
1. RAHMAN, Inayat ur (a.k.a. AL
RAHMAN, Inayat al Rahman bin Sheikh
Jamil; a.k.a. AL-RAHMAN, ‘Inayat; a.k.a. ALRAHMAN, ‘Inayat al-Rahman bin Sheikh
PO 00000
Frm 00130
Fmt 4703
Sfmt 4703
Jamil; a.k.a. AL-RAHMAN, ’Inayat al-Rahman
Bin al-Sheikh Jamil; a.k.a. JALIL, Inayatullah
ur-Rahman; a.k.a. JAMEAL, ‘Anayet elRahman; a.k.a. JAMEEL, Inayat; a.k.a. JAMIL,
Enayat al-Rahman; a.k.a. JAMIL,
Enayaturrahman; a.k.a. JAMIL, Enayetul
Rahman; a.k.a. JAMIL, Inayat al-Rahman;
a.k.a. RAHMAN, Anayat ur; a.k.a. RAHMAN,
Anayatullah; a.k.a. RAHMAN, Enayat al;
a.k.a. RAHMAN, Enayatullah; a.k.a.
RAHMAN, Inayatu; a.k.a. RAHMAN, Inayatu-; a.k.a. RAHMAN, Inayatullah; a.k.a.
RAHMAN, Inayat-ur-; a.k.a. REHMAN,
Inayat; a.k.a. REHMAN, Inayat ur; a.k.a. URRAHMAN, Anayat; a.k.a. UR-RAHMAN,
Anyat; a.k.a. UR-RAHMAN, Enayat; a.k.a.
UR-RAHMAN, Jamil Inayat; a.k.a.
‘‘AINAYATURAHMAN’’; a.k.a.
‘‘ANAYATURAHMAN’’; a.k.a.
‘‘INAYATURAHMAN’’; a.k.a.
‘‘INAYATURRAHMAN’’), Saidabad Pajagi
Road, Peshawar, Pakistan; DOB 02 Dec 1973;
POB Nangalam Village, Manugay District,
Afghanistan; nationality Pakistan; Gender
Male; Passport BG1744461 (Pakistan);
National ID No. 1730156254465 (Pakistan)
(individual) [SDGT] (Linked To: JAMA’AT
UL DAWA AL-QU’RAN; Linked To:
TALIBAN; Linked To: LASHKAR ETAYYIBA).
2. TURAB, Ali Muhammad Abu (a.k.a.
ABUTURAB, Ali Muhammad; a.k.a.
MOHAMMAD, Ali Mohammad Abutorab
Noor; a.k.a. MOHAMMAD, Ali Mohammad
Noor; a.k.a. MOHD, Ali Mohd Abutorab
Noor; a.k.a. MUHAMMAD, Abu Turab Ali;
a.k.a. MUHAMMED, Ali Muhammed Noor;
a.k.a. TORAB, Abu Ali; a.k.a. TORAB, Ali
Mohammad Abu; a.k.a. TURAB, Ali
Mohammad Abu; a.k.a. TURAB, Ali
Mohammed Abu; a.k.a. ‘‘MOHAMMED, Ali’’;
a.k.a. ‘‘TURAB, Abu’’), Jamia Salfia, Airport
Road, Quetta, Pakistan; Patel Road, Quetta,
Pakistan; Saudi Arabia; DOB 10 Sep 1964;
alt. DOB 05 Jan 1968; POB Quetta,
Balochistan, Pakistan; nationality Pakistan;
Gender Male; Passport J349992 (Pakistan);
National ID No. 2083655452 (Saudi Arabia)
(individual) [SDGT] (Linked To: JAMA’AT
UL DAWA AL-QU’RAN; Linked To: AMEEN
AL-PESHAWARI, Fazeel-A-Tul Shaykh Abu
Mohammed).
3. MUHAMMAD, Hayat Ullah Ghulam
(a.k.a. HAYAATULLAH, Haji; a.k.a.
HAYATOLLAH, Haji; a.k.a. HAYATULLAH,
Haji; a.k.a. HIYATULLAH, Haji), Saeedabad,
Pagi Road, Peshawar, Pakistan; Saeedabad,
Pachagi Road, Peshawar, Pakistan; DOB 1957
to 1959; POB Nangalam Village, Dar-e-Pech,
Kunar, Afghanistan; Gender Male; Passport
TR030544 (Afghanistan); alt. Passport
TR035506 (Afghanistan) (individual) [SDGT]
(Linked To: JAMA’AT UL DAWA ALQU’RAN; Linked To: LASHKAR E-TAYYIBA;
Linked To: TALIBAN; Linked To: ISIL
KHORASAN; Linked To: AL QA’IDA; Linked
To: ISLAMIC STATE OF IRAQ AND THE
LEVANT).
Entity
1. WELFARE AND DEVELOPMENT
ORGANIZATION OF JAMAAT-UD-DAWAH
FOR QUR’AN AND SUNNAH (a.k.a. ALMUNADAMA AL-KHAYRIA LILTANMIA;
a.k.a. AL-MUNADDAMA AL-KAIRYIA LILTANMIYA OF JAMA’AT AL-DA’WAH ILA
E:\FR\FM\16MYN1.SGM
16MYN1
Agencies
[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Notices]
[Pages 22605-22606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09855]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2017-0030]
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 40 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 27, 2017. The exemptions
expire on April 27, 2019.
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., 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 March 27, 2017, FMCSA published a notice of receipt of Federal
diabetes exemption applications from 40 individuals and requested
comments from the public (82 FR 15271). The public comment period
closed on April 26, 2017, and no comments were received.
FMCSA has evaluated the eligibility of the 40 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 40 applicants have had ITDM over a range of 1 to 35 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 27, 2017, 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
[[Page 22606]]
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 40 exemption applications, FMCSA
exempts the following drivers from the diabetes requirement in 49 CFR
391.41(b)(3):
Felix M. Alicea (NJ)
Ryan T. Anderson (MT)
Vladimir Azbel (NY)
Darren E. Barrett (AZ)
Douglas D. Bartley (SC)
Haydee G. Bast (NY)
Robert D. Bravo (CA)
John E. Carter (AL)
Christopher A. Cleaves (ME)
Jacob M. Cox (NY)
Larry S. Crosby (GA)
Dean G. Franck (CO)
Irving Gandy 3rd (NJ)
Bryan D. Giddings (IN)
Sidney Greenlee (GA)
Caleb D. Jahn (CO)
Jason T. Langshaw (RI)
John L. Lensch (IA)
Jaxon S. Lind (MN)
Jesse E. Long (CT)
Gregory B. Lowry (UT)
Paul J. Marsh (NY)
Richard D. Marty (WA)
Scott A. Meade (OH)
Pedro Mejia (NJ)
Maynard D. Moore (MO)
Bret D. Noffke (WI)
Dennis K. Rottenbucher (SD)
Joseph J. Schwartz (PA)
Benjamin N. Smith (CT)
Matthew Spahr (PA)
Aaron M. Stoltzfus (SC)
Daniel Suarez (NJ)
Tyler B. Terrill (WI)
Jason M. Thomas (KY)
Steven L. Tiefenthaler (IA)
Joseph D. Wallace (IL)
David L. White (AR)
Paul B. Woodward (PA)
Miguel L. Xilotl (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: May 9, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-09855 Filed 5-15-17; 8:45 am]
BILLING CODE 4910-EX-P