Qualification of Drivers; Exemption Applications; Diabetes Mellitus

Larry W. Minor
Federal Motor Carrier Safety Administration
January 14, 2016

[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Notices]
[Pages 1987-1993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00653]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0341]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

ACTION: Notice of applications for exemptions; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 40 individuals 
for exemption from the prohibition against persons with insulin-treated 
diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in 
interstate commerce. If granted, the exemptions would enable these 
individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before February 16, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2015-0341 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket numbers for this notice. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time 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. The Federal Docket Management System (FDMS) is 
available 24 hours each day, 365 days each year. If you want

[[Page 1988]]

acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments on-line.
    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.

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

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the Federal Motor Carrier Safety Regulations for a 2-year period 
if it finds ``such exemption would likely achieve a level of safety 
that is equivalent to or greater than the level that would be achieved 
absent such exemption.'' The statute also allows the Agency to renew 
exemptions at the end of the 2-year period. The 40 individuals listed 
in this notice have recently requested such an exemption from the 
diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers 
of CMVs in interstate commerce. Accordingly, the Agency will evaluate 
the qualifications of each applicant to determine whether granting the 
exemption will achieve the required level of safety mandated by 
statute.

II. Qualifications of Applicants

Kevin D. Aaron

    Mr. Aaron, 53, has had ITDM since 2015. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Aaron understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Aaron meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Juan Acevedo

    Mr. Acevedo, 47, has had ITDM since 2010. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Acevedo understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Acevedo meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Florida.

Philip K. Allen

    Mr. Allen, 52, has had ITDM since 1997. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Allen understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Allen meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from New York.

Marvin L. Attaway

    Mr. Attaway, 63, has had ITDM since 2015. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Attaway understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Attaway meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from New Mexico.

Lewis M. Belcher

    Mr. Belcher, 48, has had ITDM since 2015. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Belcher understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Belcher meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from West Virginia.

Walter E. Boles

    Mr. Boles, 47, has had ITDM since 2015. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Boles understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Boles meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Ohio.

Eugene O. Carr, Jr.

    Mr. Carr, 59, has had ITDM since 2015. His endocrinologist examined 
him in 2015 and certified that he has had no severe hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 12 months and no recurrent (2 or 
more) severe hypoglycemic episodes in the last 5 years. His 
endocrinologist certifies that Mr. Carr understands

[[Page 1989]]

diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Carr meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Delaware.

Tracy R. Clark

    Ms. Clark, 45, has had ITDM since 2009. Her endocrinologist 
examined her in 2015 and certified that she has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
Her endocrinologist certifies that Ms. Clark understands diabetes 
management and monitoring has stable control of her diabetes using 
insulin, and is able to drive a CMV safely. Ms. Clark meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
optometrist examined her in 2015 and certified that she does not have 
diabetic retinopathy. She holds a Class B CDL from Kentucky.

Jerry L. Coward

    Mr. Coward, 57, has had ITDM since 2004. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Coward understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Coward meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from North Carolina.

Wesley N. Cubby

    Mr. Cubby, 40, has had ITDM since 1982. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Cubby understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Cubby meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from New Jersey.

Robert C. Davis

    Mr. Davis, 74, has had ITDM since 2010. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Davis understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Davis meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he does not 
have diabetic retinopathy. He holds a CDL from Michigan.

Michael G. Deschenes

    Mr. Deschenes, 57, has had ITDM since 2012. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Deschenes understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Deschenes meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Minnesota.

James C. Detwiler

    Mr. Detwiler, 66, has had ITDM since 2013. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Detwiler understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Detwiler meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Pennsylvania.

Jay E. Diller

    Mr. Diller, 53, has had ITDM since 2015. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Diller understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Diller meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Thomas M. Ellis

    Mr. Ellis, 23, has had ITDM since 2003. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Ellis understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Ellis meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Pennsylvania.

Jose N. Escobar

    Mr. Escobar, 61, has had ITDM since 2013. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the

[[Page 1990]]

assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Escobar understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Escobar meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Maryland.

James C. Gilkerson

    Mr. Gilkerson, 28, has had ITDM since 2012. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Gilkerson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Gilkerson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Ohio.

Frank J. Gogno

    Mr. Gogno, 55, has had ITDM since 2013. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Gogno understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Gogno meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Michael D. Hashem

    Mr. Hashem, 58, has had ITDM since 2013. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Hashem understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Hashem meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Massachusetts.

George W. Hauck

    Mr. Hauck, 61, has had ITDM since 2014. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Hauck understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Hauck meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Louisiana.

Aseneka K. Igambi

    Mr. Igambi, 35, has had ITDM since 1995. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Igambi understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Igambi meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds an operator's license 
from Texas.

Hayward G. Jinright

    Mr. Jinright, 57, has had ITDM since 1974. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Jinright understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Jinright meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Alabama.

James S. Kauffman

    Mr. Kauffman, 55, has had ITDM since 1994. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Kauffman understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Kauffman meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Pennsylvania.

Kevin M. Kemp

    Mr. Kemp, 46, has had ITDM since 2014. His endocrinologist examined 
him in 2015 and certified that he has had no severe hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 12 months and no recurrent (2 or 
more) severe hypoglycemic episodes in the last 5 years. His 
endocrinologist certifies that Mr. Kemp understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Kemp meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him 
in 2015 and certified that

[[Page 1991]]

he does not have diabetic retinopathy. He holds an operator's license 
from New Jersey.

Anthony M. Lopez

    Mr. Lopez, 63, has had ITDM since 2015. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Lopez understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Lopez meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Texas.

Carlos A. Montano

    Mr. Montano, 53, has had ITDM since 2014. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Montano understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Montano meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from New 
York.

Patrick O. Parent

    Mr. Parent, 51, has had ITDM since 1995. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Parent understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Parent meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Delaware.

Michael J. Payne

    Mr. Payne, 54, has had ITDM since 2010. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Payne understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Payne meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds an operator's license 
from Maryland.

Charles B. Perry

    Mr. Perry, 50, has had ITDM since 2007. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Perry understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Perry meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class C CDL from Oregon.

Christopher M. Seals

    Mr. Seals, 35, has had ITDM since 2015. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Seals understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Seals meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Mississippi.

Robert Sienkiewicz

    Mr. Sienkiewicz, 66, has had ITDM since 2013. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Sienkiewicz understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Sienkiewicz meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he does not 
have diabetic retinopathy. He holds a CDL from Michigan.

Craig A. Sines

    Mr. Sines, 58, has had ITDM since 2014. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Sines understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Sines meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Oregon.

Joel K. Spencer

    Mr. Spencer, 45, has had ITDM since 1987. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in

[[Page 1992]]

the last 5 years. His endocrinologist certifies that Mr. Spencer 
understands diabetes management and monitoring, has stable control of 
his diabetes using insulin, and is able to drive a CMV safely. Mr. 
Spencer meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His ophthalmologist examined him in 2015 and certified 
that he has stable nonproliferative diabetic retinopathy. He holds an 
operator's license from Alabama.

Michael J. Sweeney

    Mr. Sweeney, 59, has had ITDM since 2015. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Sweeney understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Sweeney meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from New York.

Kendall W. Unruh

    Mr. Unruh, 28, has had ITDM since 1996. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Unruh understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Unruh meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Missouri.

Daniel R. Vilart

    Mr. Vilart, 58, has had ITDM since 1976. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Vilart understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Vilart meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds an operator's license 
from Washington.

Billy F. Wallace

    Mr. Wallace, 77, has had ITDM since 2011. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Wallace understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Wallace meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Alabama.

Travis J. Womack

    Mr. Womack, 30, has had ITDM since 1993. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Womack understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Womack meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds an operator's license 
from North Carolina.

Logan D. Yoder

    Mr. Yoder, 30, has had ITDM since 1995. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Yoder understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Yoder meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Indiana.

Landon L. Zimmerman

    Mr. Zimmerman, 22, has had ITDM since 2010. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Zimmerman understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Zimmerman meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Pennsylvania.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments received before 
the close of business on the closing date indicated in the date section 
of the notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible 
and Efficient Transportation Equity Act: A Legacy for Users requires 
the Secretary to revise its diabetes exemption program established on 
September 3, 2003 (68 FR 52441).\1\ The revision must provide for 
individual assessment of drivers with diabetes mellitus, and be 
consistent

[[Page 1993]]

with the criteria described in section 4018 of the Transportation 
Equity Act for the 21st Century (49 U.S.C. 31305).
---------------------------------------------------------------------------

    \1\ Section 4129(a) refers to the 2003 notice as a ``final 
rule.'' However, the 2003 notice did not issue a ``final rule'' but 
did establish the procedures and standards for issuing exemptions 
for drivers with ITDM.
---------------------------------------------------------------------------

    Section 4129 requires: (1) Elimination of the requirement for 3 
years of experience operating CMVs while being treated with insulin; 
and (2) establishment of a specified minimum period of insulin use to 
demonstrate stable control of diabetes before being allowed to operate 
a CMV.
    In response to section 4129, FMCSA made immediate revisions to the 
diabetes exemption program established by the September 3, 2003 notice. 
FMCSA discontinued use of the 3-year driving experience and fulfilled 
the requirements of section 4129 while continuing to ensure that 
operation of CMVs by drivers with ITDM will achieve the requisite level 
of safety required of all exemptions granted under 49 U.S.C.. 31136 
(e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs 
with ITDM are not held to a higher standard than other drivers, with 
the exception of limited operating, monitoring and medical requirements 
that are deemed medically necessary.
    The FMCSA concluded that all of the operating, monitoring and 
medical requirements set out in the September 3, 2003 notice, except as 
modified, were in compliance with section 4129(d). Therefore, all of 
the requirements set out in the September 3, 2003 notice, except as 
modified by the notice in the Federal Register on November 8, 2005 (70 
FR 67777), remain in effect.

IV. Submitting Comments

    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 that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket number FMCSA-2015-0341 and click 
the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right hand side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. If you submit your comments by mail or 
hand delivery, submit them in an unbound format, no larger than 8\1/2\ 
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, self-addressed postcard or envelope.
    We will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments. FMCSA may issue a final rule at any time after the close of 
the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number 
FMCSA-2015-0341 and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to the 
proposed rulemaking.

    Issued on: January 6, 2016.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-00653 Filed 1-13-16; 8:45 am]
 BILLING CODE 4910-EX-P