[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Notices]
[Pages 42044-42052]
[FR Doc No: 2016-15220]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA- 2016-0042]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

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

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

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SUMMARY: FMCSA announces receipt of applications from 58 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 July 28, 2016.

ADDRESSES: You may submit comments to the Federal Docket Management
System (FDMS) Docket No. FMCSA-2016-0042 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
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,<PHONE_NUMBER><EMAIL_ADDRESS>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 58 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

Scott D. Allen

    Mr. Allen, 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. 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
ophthalmologist examined him in 2016 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Nebraska.

Timothy K. Beal

    Mr. Beal, 32, 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. Beal understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Beal 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.

Casey G. Bergman

    Mr. Bergman, 31, has had ITDM since 2007. 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. Bergman understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bergman 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 Minnesota.

Chad B. Bramblett

    Mr. Bramblett, 28, has had ITDM since 2000. 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. Bramblett understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bramblett 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 North
Carolina.

Robert J. Brearley, Jr.

    Mr. Brearley, 32, 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. Brearley understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Brearley 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.

Gary R. Butts

    Mr. Butts, 59, has had ITDM since 2005. 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. Butts understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Butts 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 New York.

Carey P. Cole

    Mr. Cole, 35, has had ITDM since 1994. 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. Cole understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Cole 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 Pennsylvania.

John W. Cyrus

    Mr. Cyrus, 73, 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. Cyrus understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Cyrus 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
Virginia.

Paul J. Dematas

    Mr. Dematas, 29, has had ITDM since 2002. 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. Dematas understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Dematas 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 New York.

Tara DiPierri

    Ms. DiPierri 46, has had ITDM since 2012. 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. DiPierri understands diabetes
management and monitoring has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. DiPierri 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 C CDL from New York.

William G. Edgell

    Mr. Edgell, 46, has had ITDM since 2009. 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. Edgell understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Edgell 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.

Robert M. Flory

    Mr. Flory, 53, 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. Flory understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Flory 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.

Jason L. Garrett

    Mr. Garrett, 27, 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. Garrett understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Garrett 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 Texas.

Faustino P. Garza

    Mr. Garza, 57, 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. Garza understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Garza 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.

Robert D. Golding

    Mr. Golding, 62, 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. Golding understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Golding 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
Mexico.

Bruce E. Gusler

    Mr. Gusler, 59, 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. Gusler understands

diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Gusler 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 New Hampshire.

Seth R. Hamilton

    Mr. Hamilton, 23, has had ITDM since 2007. 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. Hamilton understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hamilton 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.

Travis L. Handy

    Mr. Handy, 44, 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. Handy understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Handy 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 B CDL from
Delaware.

Paul D. Hollenbeck

    Mr. Hollenbeck, 53, 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. Hollenbeck understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hollenbeck 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 Utah.

Larry J. Huisman

    Mr. Huisman, 55, 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. Huisman understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Huisman 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 Nebraska.

Brian J. Hurley

    Mr. Hurley, 43, has had ITDM since 1976. 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. Hurley understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hurley 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 Illinois.

Jarmone W. Johnson

    Mr. Johnson, 37, 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. Johnson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Johnson 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.

Dan M. Kirk

    Mr. Kirk, 56, 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. Kirk understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Kirk 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 Oregon.

Sung Y. Kong

    Mr. Kong, 67, 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. Kong understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Kong 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 Jersey.

Kevin M. Krug

    Mr. Krug, 46, has had ITDM since 2006. 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. Krug understands diabetes management and monitoring,
has stable control of his diabetes using insulin, and is able to drive
a CMV safely. Mr. Krug 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 Indiana.

Brian C. Link

    Mr. Link, 55, has had ITDM since 2004. 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. Link understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Link 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 B CDL from New York.

Timothy J. Loeschen

    Mr. Loeschen, 31, 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. Loeschen understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Loeschen 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 Texas.

Bruce A. Mattison

    Mr. Mattison, 59, 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. Mattison understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Mattison 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 Washington.

Brian K. McGowan

    Mr. McGowan, 52, 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. McGowan understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. McGowan 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 Arkansas.

James K. Medeiros

    Mr. Medeiros, 63, 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. Medeiros understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Medeiros 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 Rhode Island.

Brian C. Moffett, Jr.

    Mr. Moffett, 26, 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. Moffett understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Moffett 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.

Gregory S. Montierth

    Mr. Montierth, 57, 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. Montierth understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Montierth 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
California.

Daniel M. Mulligan

    Mr. Mulligan, 49, has had ITDM since 1980. 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. Mulligan understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Mulligan 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 New Jersey.

John N. Mulready, Jr.

    Mr. Mulready, 58, 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. Mulready understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Mulready 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 Massachusetts.

Jerry L. Niichel

    Mr. Niichel, 63, 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. Niichel understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Niichel 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 Iowa.

Donald S. Oakes

    Mr. Oakes, 58, 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. Oakes understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Oakes 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.

Ardell Parks

    Mr. Parks, 46, has had ITDM since 1987. 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. Parks understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Parks 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 Illinois.

Terry D. Paxton

    Mr. Paxton, 69, 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. Paxton understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Paxton 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
Pennsylvania.

Lawrence C. Powers

    Mr. Powers, 32, 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. Powers understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Powers 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 C CDL from
Michigan.

Reynier Prieto

    Mr. Prieto, 37, 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. Prieto understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Prieto 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
proliferative diabetic retinopathy. He holds an operator's license from
Florida.

Charles V. Radford, Jr.

    Mr. Radford, 50, has had ITDM since 1986. 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. Radford understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Radford 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 North Carolina.

Manuel A. Samayoa

    Mr. Samayoa, 67, 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. Samayoa understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Samayoa 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 Georgia.

Malcolm D. Small

    Mr. Small, 38, 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. Small understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Small 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.

Russell F. Smith

    Mr. Smith, 47, has had ITDM since 2002. 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. 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 B CDL from Pennsylvania.

Trenton W. Socha

    Mr. Socha, 24, has had ITDM since 1999. 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. Socha understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Socha 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 Texas.

Edward D. Sprague

    Mr. Sprague, 69, 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. Sprague understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Sprague 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
Wisconsin.

Carla J. Stafford

    Ms. Stafford, 48, has had ITDM since 2015. 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. Stafford understands diabetes
management and monitoring has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Stafford 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 Tennessee.

Jennifer N. Stout

    Ms. Stout, 34, has had ITDM since 2011. 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. Stout understands diabetes
management and monitoring has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Stout 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 an operator's license from Texas.

Virgil W. Sykes

    Mr. Sykes, 50, 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. Sykes understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Sykes 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 Wisconsin.

Luis M. Torres

    Mr. Torres, 38, 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. Torres understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Torres 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
Connecticut.

Lyle D. Tunink

    Mr. Tunink, 74, has had ITDM since 2004. 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. Tunink understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Tunink 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 Iowa.

Fasitupe Tupuola

    Mr. Tupuola, 60, 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. Tupuola understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Tupuola 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 California.

Christa VanHook

    Ms. VanHook, 69, has had ITDM since 2010. 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. VanHook understands diabetes
management and monitoring has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. VanHook 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 an operator's license from Kentucky.

Saverio Verre

    Mr. Verre, 62, has had ITDM since 1998. 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. Verre understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Verre 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 New Jersey.

Raymond R. Webker

    Mr. Webker, 61, 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. Webker understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Webker 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 Ohio.

James A. Wiggins

    Mr. Wiggins, 56, 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. Wiggins understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Wiggins 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.

Reed R. Wilken

    Mr. Wilken, 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. Wilken understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Wilken 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 Illinois.

Abraham K. Yohannan

    Mr. Yohannan, 61, has had ITDM since 1991. 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. Yohannan understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Yohannan 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 New York.

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-2016-0042 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-2016-0042 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.

    Issued on: June 20, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-15220 Filed 6-27-16; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 140 (Monday, July 22, 2019)]
[Proposed Rules]
[Pages 35041-35043]
[FR Doc No: 2019-15478]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2019-0488; Notice No. 25-19-09-SC]

Special Conditions: Voyageur Aerotech Inc., Bombardier DHC-8-100,
DHC-8-200, DHC-8-300 and DHC-8-400 Series Airplanes; Installed
Rechargeable Lithium Batteries

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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

SUMMARY: This action proposes special conditions for the Bombardier
Model No. DHC-8-100, DHC-8-200, DHC-8-300, and DHC-8-400 series
airplanes. These airplanes, as modified by Voyageur Aerotech Inc.
(Voyageur), will have novel or unusual design feature when compared to
the state of technology envisioned in the airworthiness standards for
transport category airplanes. This design feature is a rechargeable
lithium battery pack inside the Emergency Backup Power Supply. The
applicable airworthiness regulations do not contain adequate or
appropriate safety standards for this design feature. These proposed
special conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

DATES: Send comments on or before September 5, 2019.

ADDRESSES: Send comments identified by Docket No. FAA-2019-0488 using
any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket website, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478).
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Nazih Khaouly, Airplane and Flight
Crew Interface Section, AIR-671, Transport Standards Branch, Policy and
Innovation Division, Aircraft Certification Service, Federal Aviation
Administration, 2200 South 216th Street, Des Moines, Washington 98198;
telephone and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On September 10, 2018, Voyageur applied for a supplemental type
certificate for a rechargeable lithium battery pack inside the
Emergency Backup Power Supply in the Model DHC-8-100, DHC-8-200, DHC-8-
300, and DHC-8-400 series airplanes. The Bombardier Model DHC-8-100,
DHC-8-200, DHC-8-300, and DHC-8-400 series airplanes are twin engine
powered airplanes with standard seating provisions for up to 86
passengers, depending on model, and a maximum takeoff weight of between
33,000 lbs. and 65,200 lbs., depending on series model.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Voyageur must show that the Model DHC-8-100, DHC-8-200,
DHC-8-300, and DHC-8-400 series airplanes, as changed, continue to meet
the applicable provisions of the regulations listed in Type Certificate
No. A13NM or the applicable regulations in effect on the date of
application for the change, except for earlier amendments as agreed
upon by the FAA.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Bombardier Model DHC-8-100, DHC-8-
200, DHC-8-300, and DHC-8-400 series airplanes because of a novel or
unusual design feature, special conditions are prescribed under the
provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same novel or unusual design feature,
these special conditions would also apply to the other model under
Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Bombardier Model DHC-8-100, DHC-8-200, DHC-8-300, and
DHC-8-400 series airplanes must comply with the fuel vent and exhaust
emission requirements of 14 CFR part 34 and the noise certification
requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Bombardier Model DHC-8-100, DHC-8-200, DHC-8-300, and DHC-8-400
series airplanes will incorporate the following novel or unusual design
feature:
    The installation of a rechargeable lithium battery pack inside the
Emergency Backup Power Supply. Known uses of rechargeable and non-
rechargeable lithium batteries on airplanes include:
     Flightdeck and avionics systems such as displays, global
positioning systems, cockpit voice recorders, flight data recorders,
underwater-locator-beacons, navigation computers, integrated avionics
computers, satellite network/communication systems, communication
management units, and remote monitor electronic line replaceable units;
     Cabin safety, entertainment and communications equipment
including emergency locator transmitters, life

rafts, escape slides, seat belt air bags, cabin management systems,
Ethernet switches, routers and media servers, wireless systems,
internet/in-flight entertainment systems, satellite televisions,
remotes and handsets; and
     Systems in cargo areas including door controls, sensors,
video surveillance equipment and security systems.

Discussion

    Rechargeable lithium batteries are considered to be a novel or
unusual design feature in transport category airplanes, with respect to
the requirements in Sec.  25.1353. This type of battery has certain
failure, operational, and maintenance characteristics that differ
significantly from those of the nickel-cadmium and lead-acid
rechargeable batteries currently approved for installation on transport
category airplanes. These batteries introduce higher energy levels into
airplane systems through new chemical compositions in various battery-
cell sizes and construction. Interconnection of these cells in battery
packs introduces failure modes that require unique design
considerations, such as provisions for thermal management.
    These proposed special conditions are substantively similar to
special conditions the FAA has released in the past. The special
conditions proposed have been drafted into a plain English format,
reorganized for clarity, and provide more prescriptive instructions
than previously released special conditions.
    Special Condition 1 requires that each individual cell within a
battery be designed to maintain safe temperatures and pressures.
Special Condition 2 addresses these same issues but for the entire
battery. Special Condition 2 requires that the battery be designed to
prevent propagation of a thermal event, such as self-sustained,
uncontrolled increases in temperature or pressure from one cell to
adjacent cells.
    Special Conditions 1 and 2 are intended to ensure that the cells
and battery are designed to eliminate the potential for uncontrollable
failures. However, a certain number of failures will occur due to
various factors beyond the control of the designer. Therefore, other
special conditions are intended to protect the airplane and its
occupants if failure occurs.
    Special Conditions 3, 7, and 8 are self-explanatory, and the FAA
does not provide further explanation for them at this time.
    Special Condition 4 clarifies that the flammable-fluid fire-
protection requirements of 14 CFR 25.863 apply to rechargeable lithium
battery installations. Section 25.863 is applicable to areas of the
airplane that could be exposed to flammable fluid leakage from airplane
systems. Rechargeable lithium batteries contain electrolyte that is a
flammable fluid.
    Special Condition 5 requires each rechargeable lithium battery
installation to not damage surrounding structure or adjacent systems,
equipment, or electrical wiring from corrosive fluids or gases that may
escape in such a way as to cause a major or more severe failure
condition. Special Condition 6 requires each rechargeable lithium
battery installation to have provisions to prevent any hazardous effect
on airplane structure or systems caused by the maximum amount of heat
it can generate due to any failure of it or its individual cells. The
means of meeting special conditions 5 and 6 may be the same, but they
are independent requirements addressing different hazards. Special
Condition 5 addresses corrosive fluids and gases, whereas special
condition 6 addresses heat.
    Special Condition 9 requires rechargeable lithium batteries to have
automatic means, for charge rate and disconnect, due to the fast acting
nature of lithium battery chemical reactions. Manual intervention would
not be timely or effective in mitigating the hazards associated with
these batteries.
    Although these special conditions require specific functionalities
and capabilities, and address certain critical failure modes of
rechargeable lithium batteries and their installations, the applicant
must also meet the requirements of Sec. Sec.  25.1301, 25.1309, and
25.1709, when applicable, in addition to these special conditions. To
date, in-service experience has shown that rechargeable lithium battery
thermal/pressure runaway conditions are not extremely improbable.
Applicants must assume such failures could occur sometime during the
life of the battery installation when demonstrating compliance with
Sec.  25.1309.
    If an applicant proposes to install a rechargeable lithium battery
in a rotor burst zone, the applicant must assess the rotor burst
induced damage to the battery to show compliance with Sec.
25.903(d)(1) in conjunction with showing compliance with the
rechargeable lithium battery special condition.
    These special conditions apply to all rechargeable lithium battery
installations in lieu of Sec.  25.1353(b)(1) through (4) at amendment
25-123 or Sec.  25.1353(c)(1) through (4) at earlier amendments. Those
regulations remain in effect for other battery installations.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

    As discussed above, these special conditions are applicable to the
Bombardier Model DHC-8-100, DHC-8-200, DHC-8-300, and DHC-8-400 series
airplanes. Should Voyageur apply at a later date for a supplemental
type certificate to modify any other model included on Type Certificate
No. A13NM to incorporate the same novel or unusual design feature,
these special conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on Model DHC-8-100, DHC-8-200, DHC-8-300, and DHC-8-400 series
airplanes. It is not a rule of general applicability and affects only
the applicant who applied to the FAA for approval of these features on
the airplane.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, 44704.

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the
following special conditions as part of the type certification basis
for Bombardier Model DHC-8-100, DHC-8-200, DHC-8-300, and DHC-8-400
series airplanes, as modified by Voyageur Aerotech Inc.
    In lieu of title 14, Code of Federal Regulations (14 CFR)
25.1353(b)(1) through (4) at amendment 25-123 or Sec.  25.1353(c)(1)
through (4) at earlier amendments, each rechargeable lithium battery
installation must:
    1. Be designed to maintain safe cell temperatures and pressures
under all foreseeable operating conditions to prevent fire and
explosion.
    2. Be designed to prevent the occurrence of self-sustaining,
uncontrollable increases in temperature or pressure, and automatically
control the charge rate of each cell to protect against adverse
operating conditions,

such as cell imbalance, back charging, overcharging, and overheating.
    3. Not emit explosive or toxic gases, either in normal operation or
as a result of its failure that may accumulate in hazardous quantities
within the airplane.
    4. Meet the requirements of Sec.  25.863.
    5. Not damage surrounding structure or adjacent systems, equipment,
or electrical wiring from corrosive fluids or gases that may escape in
such a way as to cause a major or more-severe failure condition.
    6. Have provisions to prevent any hazardous effect on airplane
structure or systems caused by the maximum amount of heat it can
generate due to any failure of it or its individual cells.
    7. Have a failure sensing and warning system to alert the
flightcrew if its failure affects safe operation of the airplane.
    8. Have a monitoring and warning feature that alerts the flightcrew
when its charge state falls below acceptable levels if its function is
required for safe operation of the airplane.
    9. Have a means to automatically disconnect from its charging
source in the event of an over-temperature condition, cell failure or
battery failure.

    Note: A battery system consists of the battery, battery charger
and any protective, monitoring and alerting circuitry or hardware
inside or outside of the battery. It also includes vents (where
necessary) and packaging. For the purpose of this special condition,
a battery and the battery system is referred to as a battery.

    Issued in Des Moines, Washington, on July 16, 2019.
Victor Wicklund,
Acting Manager, Transport Standards Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2019-15478 Filed 7-19-19; 8:45 am]
BILLING CODE 4910-13-P