Qualification of Drivers; Exemption Applications; Diabetes Mellitus

Larry W. Minor
Federal Motor Carrier Safety Administration
20 October 2016

[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Notices]
[Pages 72652-72658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25378]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0222]


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 43 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 November 21, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2016-0222 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

[[Page 72653]]

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 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: 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 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 43 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

Christopher Albano

    Mr. Albano, 56, has had ITDM since 1981. His endocrinologist 
examined him in 2016 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. Albano understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Albano meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds an operator's license 
from Pennsylvania.

Gregory A. Behm

    Mr. Behm, 68, has had ITDM since 2016. His endocrinologist examined 
him in 2016 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. Behm understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Behm meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined 
him in 2016 and certified that he does not have diabetic retinopathy. 
He holds a Class A CDL from Nebraska.

Helena R. Berry

    Ms. Berry, 48, has had ITDM since 2016. Her endocrinologist 
examined her in 2016 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. Berry understands diabetes 
management and monitoring has stable control of her diabetes using 
insulin, and is able to drive a CMV safely. Ms. Berry meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
optometrist examined her in 2016 and certified that she does not have 
diabetic retinopathy. She holds a Class A CDL from Georgia.

Kenneth W. Blizzard

    Mr. Blizzard, 50, has had ITDM since 2015. His endocrinologist 
examined him in 2016 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. Blizzard understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Blizzard meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from New Jersey.

Larry A. Brabson, Jr.

    Mr. Brabson, 31, has had ITDM since 2016. His endocrinologist 
examined him in 2016 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. Brabson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Brabson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Ohio.

Jeffrey Campbell

    Mr. Campbell, 41, has had ITDM since 1988. His endocrinologist 
examined him in 2016 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. Campbell understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Campbell meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he has stable 
proliferative diabetic retinopathy. He holds a Class A CDL from 
Indiana.

Gregory A. Carroll

    Mr. Carroll, 51, has had ITDM since 2016. His endocrinologist 
examined him

[[Page 72654]]

in 2016 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. Carroll understands diabetes management and 
monitoring, has stable control of his diabetes using insulin, and is 
able to drive a CMV safely. Mr. Carroll meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him 
in 2016 and certified that he does not have diabetic retinopathy. He 
holds an operator's license from Maryland.

Kent H. Carter

    Mr. Carter, 53, has had ITDM since 2016. His endocrinologist 
examined him in 2016 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. Carter understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Carter meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a chauffer's license from Indiana.

Archie Chischilly

    Mr. Chischilly, 70, has had ITDM since 2015. His endocrinologist 
examined him in 2016 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. Chischilly understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Chischilly meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Arizona.

Loren Curtis

    Mr. Curtis, 60, has had ITDM since 2012. His endocrinologist 
examined him in 2016 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. Curtis understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Curtis meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Missouri.

Scott E. Ennis

    Mr. Ennis, 57, has had ITDM since 2014. His endocrinologist 
examined him in 2016 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. Ennis understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Ennis meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from New 
York.

Jackson E. Graham, Jr.

    Mr. Graham, 51, has had ITDM since 1996. His endocrinologist 
examined him in 2016 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. Graham understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Graham meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he has stable 
proliferative diabetic retinopathy. He holds an operator's license from 
New Jersey.

Patrick E. Gratts

    Mr. Gratts, 49, has had ITDM since 2016. His endocrinologist 
examined him in 2016 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. Gratts understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Gratts meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Texas.

Alex J. Gravunder

    Mr. Gravunder, 50, has had ITDM since 2016. His endocrinologist 
examined him in 2016 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. Gravunder understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Gravunder meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Wisconsin.

Dion A. Harris

    Mr. Harris, 40, has had ITDM since 2016. His endocrinologist 
examined him in 2016 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. Harris understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV

[[Page 72655]]

safely. Mr. Harris meets the requirements of the vision standard at 49 
CFR 391.41(b)(10). His ophthalmologist examined him in 2016 and 
certified that he does not have diabetic retinopathy. He holds an 
operator's license from Oklahoma.

Henry C. Hinton III

    Mr. Hinton, 60, has had ITDM since 2011. His endocrinologist 
examined him in 2016 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. Hinton understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Hinton meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Indiana.

Harry L. Hiser III

    Mr. Hiser, 50, has had ITDM since 2014. His endocrinologist 
examined him in 2016 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. Hiser understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Hiser meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from West 
Virginia.

George E. Huften

    Mr. Huften, 57, has had ITDM since 2014. His endocrinologist 
examined him in 2016 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. Huften understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Huften meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Connecticut.

Patrick L. Jackson

    Mr. Jackson, 50, has had ITDM since 2010. His endocrinologist 
examined him in 2016 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. Jackson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Jackson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from Georgia.

Antonio J. Katzdorn

    Mr. Katzdorn, 55, has had ITDM since 2013. His endocrinologist 
examined him in 2016 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. Katzdorn understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Katzdorn meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Idaho.

Terry J. Koontz

    Mr. Koontz, 69, has had ITDM since 2012. His endocrinologist 
examined him in 2016 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. Koontz understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Koontz meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from 
Illinois.

Richard H. LaDue

    Mr. LaDue, 64, has had ITDM since 2009. His endocrinologist 
examined him in 2016 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. LaDue understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. LaDue meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from New York.

William D. Lusk

    Mr. Lusk, 60, has had ITDM since 2016. His endocrinologist examined 
him in 2016 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. Lusk understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Lusk meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined 
him in 2016 and certified that he has stable nonproliferative diabetic 
retinopathy. He holds a Class A CDL from North Carolina.

Clavenda L. Mason

    Ms. Mason, 62, has had ITDM since 2015. Her endocrinologist 
examined her in 2016 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

[[Page 72656]]

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. Mason understands diabetes management and monitoring 
has stable control of her diabetes using insulin, and is able to drive 
a CMV safely. Ms. Mason meets the requirements of the vision standard 
at 49 CFR 391.41(b)(10). Her optometrist examined her in 2016 and 
certified that she does not have diabetic retinopathy. She holds a 
Class B CDL from Maryland.

Kenneth E. McCain

    Mr. McCain, 52, has had ITDM since 2015. His endocrinologist 
examined him in 2016 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. McCain understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. McCain meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Illinois.

Glenn J. Michalek

    Mr. Michalek, 61, has had ITDM since 2015. His endocrinologist 
examined him in 2016 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. Michalek understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Michalek meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Illinois.

Christopher M. Minor

    Mr. Minor, 38, has had ITDM since 2016. His endocrinologist 
examined him in 2016 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. Minor understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Minor meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Ohio.

William J. Navickas

    Mr. Navickas, 58 has had ITDM since 2008. His endocrinologist 
examined him in 2016 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. Navickas understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Navickas meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Pennsylvania.

Troi A. Palmer

    Mr. Palmer, 43, has had ITDM since 2015. His endocrinologist 
examined him in 2016 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. Palmer understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Palmer meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Maryland.

Corey M. Planck

    Mr. Planck, 40, has had ITDM since 1990. His endocrinologist 
examined him in 2016 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. Planck understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Planck meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Missouri.

Ronald J. Pomella, Jr.

    Mr. Pomella, 54, has had ITDM since 2015. His endocrinologist 
examined him in 2016 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. Pomella understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Pomella meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Florida.

Ivan A. Pruss

    Mr. Pruss, 32, has had ITDM since 2003. His endocrinologist 
examined him in 2016 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. Pruss understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Pruss meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds an operator's license 
from New Jersey.

John M. Rawlinson

    Mr. Rawlinson, 56, has had ITDM since 2010. His endocrinologist

[[Page 72657]]

examined him in 2016 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. Rawlinson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Rawlinson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Indiana.

Darryl L. Reasby

    Mr. Reasby, 56, has had ITDM since 2015. His endocrinologist 
examined him in 2016 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. Reasby understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Reasby meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Wisconsin.

Michael A. Roosa

    Mr. Roosa, 51, has had ITDM since 2016. His endocrinologist 
examined him in 2016 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. Roosa understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Roosa meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Massachusetts.

Gary W. Seal

    Mr. Seal, 66, has had ITDM since 2014. His endocrinologist examined 
him in 2016 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. Seal understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Seal meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him 
in 2016 and certified that he does not have diabetic retinopathy. He 
holds a Class B CDL from Tennessee.

Garey W. Smith

    Mr. Smith, 71, has had ITDM since 2013. His endocrinologist 
examined him in 2016 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. Smith understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Smith meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Tennessee.

John E. Steltz

    Mr. Steltz, 51, has had ITDM since 2016. His endocrinologist 
examined him in 2016 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. Steltz understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Steltz meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Minnesota.

James E. Vaughan, Jr.

    Mr. Vaughan, 53, has had ITDM since 1999. His endocrinologist 
examined him in 2016 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. Vaughan understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Vaughan meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from Tennessee.

Robert W. Wagner II

    Mr. Wagner, 55, has had ITDM since 2010. His endocrinologist 
examined him in 2016 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. Wagner understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Wagner meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Ohio.

Todd A. Waller

    Mr. Waller, 51, has had ITDM since 2016. His endocrinologist 
examined him in 2016 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. Waller understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Waller meets the 
requirements of the vision standard at

[[Page 72658]]

49 CFR 391.41(b)(10). His optometrist examined him in 2016 and 
certified that he does not have diabetic retinopathy. He holds a Class 
A CDL from Missouri.

Kevin A. Warren

    Mr. Warren, 58, has had ITDM since 2014. His endocrinologist 
examined him in 2016 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. Warren understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Warren meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from Ohio.

Kevin L. Wendt

    Mr. Wendt, 56, has had ITDM since 2005. His endocrinologist 
examined him in 2016 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. Wendt understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Wendt meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Wyoming.

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 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-2016-0222 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. FMCSA may issue a final determination 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, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2016-0222 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: October 14, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-25378 Filed 10-19-16; 8:45 am]
 BILLING CODE 4910-EX-P