[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Notices]
[Pages 49304-49311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20186]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA- 2015-0066]


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 54 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 September 16, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2015-0066 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: Charles A. Horan, III, Director, 
Carrier, Driver and Vehicle Safety Standards, (202) 366-4001, 
[email protected], FMCSA, Department of Transportation, 1200 New 
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office 
hours are from 8:30 a.m. to 5 p.m., 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 54 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

Joshua E. Adkins

    Mr. Adkins, 65, has had ITDM since 2013. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Adkins understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Adkins meets the

[[Page 49305]]

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 Kansas.

Rosendo R. Amador

    Mr. Amador, 61, has had ITDM since 2015. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Amador understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Amador 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 Texas.

Thomas A. Ardoin

    Mr. Ardoin, 52, has had ITDM since 2014. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Ardoin understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Ardoin meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Louisiana.

Richard L. Arsenault

    Mr. Arsenault, 59, has had ITDM since 2014. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Arsenault understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Arsenault meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Texas.

George H. Bonney, Jr.

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

Paul M. Boucher

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

Tiffany C. Carvalho

    Ms. Carvalho, 44, has had ITDM since 2014. 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. Carvalho understands diabetes 
management and monitoring has stable control of her diabetes using 
insulin, and is able to drive a CMV safely. Ms. Carvalho 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 Minnesota.

Larry J. Christiansen

    Mr. Christiansen, 67, has had ITDM since 2010. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Christiansen understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Christiansen 
meets the requirements of the vision standard at 49 CFR 391.41(b)(10). 
His ophthalmologist examined him in 2015 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Minnesota.

Cynthia J. Claunch

    Ms. Claunch, 57, has had ITDM since 2013. 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. Claunch understands diabetes 
management and monitoring has stable control of her diabetes using 
insulin, and is able to drive a CMV safely. Ms. Claunch meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
ophthalmologist examined her in 2015 and certified that she does not 
have diabetic retinopathy. She holds a Class A CDL from New Mexico.

Stephen C. Crescentini

    Mr. Crescentini, 46, has had ITDM since 2015. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12

[[Page 49306]]

months and no recurrent (2 or more) severe hypoglycemic episodes in the 
last 5 years. His endocrinologist certifies that Mr. Crescentini 
understands diabetes management and monitoring, has stable control of 
his diabetes using insulin, and is able to drive a CMV safely. Mr. 
Crescentini 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 
Jersey.

John J. D'Agostino

    Mr. D'Agostino, 71, has had ITDM since 2010. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. D'Agostino understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. D'Agostino meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from New Jersey.

James R. Ditman

    Mr. Ditman, 43, has had ITDM since 2015. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Ditman understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Ditman 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 Indiana.

Eric D. Egan

    Mr. Egan, 29, has had ITDM since 2014. His endocrinologist examined 
him in 2015 and certified that he has had no severe hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 12 months and no recurrent (2 or 
more) severe hypoglycemic episodes in the last 5 years. His 
endocrinologist certifies that Mr. Egan understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Egan meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him 
in 2015 and certified that he does not have diabetic retinopathy. He 
holds a Class B CDL from Illinois.

Alva Eldridge

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

Walter R. Elser

    Mr. Elser, 65, has had ITDM since 2006. 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. Elser understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Elser meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Vermont.

Adam C. Exum

    Mr. Exum, 21, has had ITDM since 2008. 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. Exum understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Exum 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 Georgia.

Ryan S. Farrell

    Mr. Farrell, 27, has had ITDM since 1992. 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. Farrell understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Farrell 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 Massachusetts.

Patrick F. Felix

    Mr. Felix, 57, has had ITDM since 2013. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Felix understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Felix 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 Wisconsin.

[[Page 49307]]

Gary M. Fosnaught

    Mr. Fosnaught, 55, 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. Fosnaught understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Fosnaught meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Jermaine Galle

    Mr. Galle, 43, has had ITDM since 2015. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Galle understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Galle 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 Georgia.

Gary A. Gross

    Mr. Gross, 66, has had ITDM since 2014. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Gross understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Gross 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 South Dakota.

Terry L. Guynes

    Mr. Guynes, 58, has had ITDM since 2007. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Guynes understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Guynes 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 Missouri.

Colin W. Hale

    Mr. Hale, 22, has had ITDM since 2006. 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. Hale understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Hale meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him 
in 2015 and certified that he does not have diabetic retinopathy. He 
holds an operator's license from New York.

Clarence Hill

    Mr. Hill, 68, has had ITDM since 2010. His endocrinologist examined 
him in 2015 and certified that he has had no severe hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 12 months and no recurrent (2 or 
more) severe hypoglycemic episodes in the last 5 years. His 
endocrinologist certifies that Mr. Hill understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Hill meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined 
him in 2015 and certified that he does not have diabetic retinopathy. 
He holds a Class A CDL from New York.

Marcus Hughes

    Mr. Hughes, 42, has had ITDM since 2012. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Hughes understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Hughes 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 Georgia.

Paul J. Lennon

    Mr. Lennon, 59, has had ITDM since 2014. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Lennon understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Lennon meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Illinois.

Michael C. Lewis

    Mr. Lewis, 36, has had ITDM since 1980. 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. Lewis understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Lewis meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His

[[Page 49308]]

ophthalmologist examined him in 2015 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds an operator's license 
from South Dakota.

Lon A. Mingo

    Mr. Mingo, 47, has had ITDM since 2014. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Mingo understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Mingo 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 Minnesota.

Robert L. Moberly

    Mr. Moberly, 74, has had ITDM since 2010. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Moberly understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Moberly 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 Oregon.

Jason L. Montgomery

    Mr. Montgomery, 39, has had ITDM since 1979. 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. Montgomery understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Montgomery 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 a Class A CDL from 
Washington.

John F. Mortieau

    Mr. Mortieau, 65, has had ITDM since 2007. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Mortieau understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Mortieau meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Montana.

Alexander Musalin

    Mr. Musalin, 43, has had ITDM since 1994. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Musalin understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Musalin 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 Washington.

Clark E. Najac

    Mr. Najac, 59, has had ITDM since 2008. 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. Najac understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Najac meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from New York.

Matthew S. Ness

    Mr. Ness, 25, 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. Ness understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Ness meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined 
him in 2015 and certified that he does not have diabetic retinopathy. 
He holds a Class A CDL from Wisconsin.

Andrew T. Oezer

    Mr. Oezer, 21, has had ITDM since 2014. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Oezer understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Oezer meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class C CDL from Michigan.

Vanja Pazin

    Mr. Pazin, 44, has had ITDM since 2015. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or

[[Page 49309]]

more) severe hypoglycemic episodes in the last 5 years. His 
endocrinologist certifies that Mr. Pazin understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Pazin 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 Oregon.

Troy A. Pearl

    Mr. Pearl, 57, 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. Pearl understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Pearl meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Washington.

Randell J. Pecenka

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

Leonard M. Radford

    Mr. Radford, 67, has had ITDM since 2012. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. 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 
ophthalmologist examined him in 2015 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class B CDL from 
Indiana.

Jerry J. Rava

    Mr. Rava, 77, has had ITDM since 2013. His endocrinologist examined 
him in 2015 and certified that he has had no severe hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 12 months and no recurrent (2 or 
more) severe hypoglycemic episodes in the last 5 years. His 
endocrinologist certifies that Mr. Rava understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Rava 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.

Isaac E. Ridenour

    Mr. Ridenour, 59, has had ITDM since 2015. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Ridenour understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Ridenour 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 Mexico.

William J. Rixon, Jr.

    Mr. Rixon, 63, 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. Rixon understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Rixon meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from New Jersey.

Matias Rodriguez, Jr.

    Mr. Rodriguez, 57, has had ITDM since 2001. 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. Rodriguez understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Rodriguez 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 Connecticut.

William J. Schrade

    Mr. Schrade, 62, has had ITDM since 2012. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Schrade understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Schrade meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from Connecticut.

John W. Schwirian

    Mr. Schwirian, 57, has had ITDM since 2014. His endocrinologist 
examined him in 2015 and certified that

[[Page 49310]]

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

Shain L. Simpson

    Mr. Simpson, 47, has had ITDM since 2014. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Simpson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Simpson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Utah.

Neil E. Smith

    Mr. Smith, 27, 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. 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 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Kansas.

Timothy R. Sobczynski

    Mr. Sobczynski, 50, has had ITDM since 2014. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Sobczynski understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Sobczynski meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Ohio.

Joey F. Starnes

    Mr. Starnes, 26, has had ITDM since 2015. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Starnes understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Starnes meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Alabama.

Joshua R. Stieb

    Mr. Stieb, 22, has had ITDM since 2015. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Stieb understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Stieb 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 Colorado.

Donald L. Strand

    Mr. Strand, 74, has had ITDM since 2015. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Strand understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Strand 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 Montana.

Rick L. Vosburg

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

William G. Wressell

    Mr. Wressell, 69, has had ITDM since 2014. His endocrinologist 
examined him in 2015 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Wressell understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Wressell meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2015 and certified that

[[Page 49311]]

he does not have diabetic retinopathy. He holds a Class A CDL from 
Washington.

Randy P. Young

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

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-2015-0066 and click 
the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right hand side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. If you submit your comments by mail or 
hand delivery, submit them in an unbound format, no larger than 8\1/2\ 
by 11 inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the facility, 
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments. FMCSA may issue a final rule at any time after the close of 
the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number 
FMCSA-2015-0066 and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to the 
proposed rulemaking.

    Issued on: August 7, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-20186 Filed 8-14-15; 8:45 am]
 BILLING CODE 4910-EX-P