82 FR 12881 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 43 (March 7, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 43 (March 7, 2017)
| Page Range | 12881-12886 | |
| FR Document | 2017-04383 |
[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)] [Notices] [Pages 12881-12886] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04383] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0385] Qualification of Drivers; Exemption Applications; Diabetes Mellitus AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from 28 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 April 6, 2017. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2016-0385 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., e.t., 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 [[Page 12882]] 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., e.t., Monday through Friday, except Federal holidays. The Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self- addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], 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 28 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 Larry A. Acton Mr. Acton, 58, has had ITDM since 2014. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Acton understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Acton 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 Kansas. Matthew M. Bauer Mr. Bauer, 29, 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. Bauer understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Bauer 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 E CDL from Michigan. Gerald T. Booth Mr. Booth, 69, 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. Booth understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Booth 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 New York. Jeremy D. Carpenter Mr. Carpenter, 28, 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. Carpenter understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Carpenter 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 Alabama. David L. Carraway Mr. Carraway, 60, 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. Carraway understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Carraway 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. Mitchell S. Crites Mr. Crites, 21, 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. Crites understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Crites 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. Martin K. Dennis Mr. Dennis, 49, has had ITDM since 2010. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting [[Page 12883]] 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. Dennis understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Dennis meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds an operator's license from Pennsylvania. Ryan E. Dickinson Mr. Dickinson, 37, 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. Dickinson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Dickinson 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 New York. John T. Edmiston Mr. Edmiston, 41, 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. Edmiston understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Edmiston 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. Malcolm C. Ferriell Mr. Ferriell, 66, 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. Ferriell understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Ferriell 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 Indiana. Saul Gates, III Mr. Gates, 59, has had ITDM since 2005. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Gates understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Gates 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 Texas. Paul S. Hare Mr. Hare, 46, 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. Hare understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hare 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 Virginia. Jimmie E. Johnson Mr. Johnson, 65, 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. 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 ophthalmologist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Indiana. Ronald A. Karr Mr. Karr, 62, 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. Karr understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Karr 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 South Dakota. David A. Morrill Mr. Morrill, 68, 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. Morrill understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Morrill meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist [[Page 12884]] examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Maine. Parker L. Pearce Mr. Pearce, 27, 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. Pearce understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Pearce 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 Texas. Raymond L. Ramsey Mr. Ramsey, 59, has had ITDM since 2000. 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. Ramsey understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Ramsey 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 New Hampshire. Ronald A. Routh Mr. Routh, 67, 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. Routh understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Routh 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 Oklahoma. Sean R. Shakespeare Mr. Shakespeare, 23, has had ITDM since 2000. 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. Shakespeare understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Shakespeare 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 Nevada. Ryan B. Silva Mr. Silva, 27, has had ITDM since 2001. 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. Silva understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Silva 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 Massachusetts. Kent A. Smith Mr. Smith, 59, 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. Smith understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Smith meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Kansas. Zachary C. Smith Mr. Smith, 23, 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. [Name] understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Smith meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Montana. Jennifer S. Starr Ms. Starr, 50, has had ITDM since 2014. 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. Starr understands diabetes management and monitoring has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Starr meets the requirements of the vision standard at 49 CFR 391.41(b)(10). Her ophthalmologist examined her in 2016 and certified that she has stable nonproliferative diabetic retinopathy. She holds a Class A CDL from Oregon. Benjamin T. Weinheimer, Jr. Mr. Weinheimer, 23, has had ITDM since 1995. 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) [[Page 12885]] severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Weinheimer understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Weinheimer 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 Texas. Walter D. West Mr. West, 59, 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. West understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. West 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 Missouri. John K. Windler Mr. Windler, 62, 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. Windler understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Windler 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 Indiana. Kathy A. Wofford Ms. Wofford, 38, has had ITDM since 2001. 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. Wofford understands diabetes management and monitoring has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Wofford meets the requirements of the vision standard at 49 CFR 391.41(b)(10). Her optometrist examined her in 2017 and certified that she does not have diabetic retinopathy. She holds a Class B CDL from Georgia. Shawn L. Wood Mr. Wood, 44, 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. Wood understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Wood 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 Colorado. 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-2016-0385 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 [[Page 12886]] 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-2016-0385 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: February 28, 2017 Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-04383 Filed 3-6-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices 12881
monitor and manage his/her diabetes file, or keep a copy in his/her driver’s period, the person may apply to FMCSA
mellitus, received education related to qualification file if he/she is self- for a renewal under procedures in effect
diabetes management, and is on a stable employed. The driver must also have a at that time.
insulin regimen. These drivers report no copy of the certification when driving, Issued on: February 27, 2017.
other disqualifying conditions, for presentation to a duly authorized Larry W. Minor,
including diabetes-related Federal, State, or local enforcement
Associate Administrator for Policy.
complications. Each meets the vision official.
[FR Doc. 2017–04391 Filed 3–6–17; 8:45 am]
requirement at 49 CFR 391.41(b)(10).
The qualifications and medical VI. Conclusion BILLING CODE 4910–EX–P
condition of each applicant were stated Based upon its evaluation of the 39
and discussed in detail in the November exemption applications, FMCSA
25, 2016, Federal Register notice and exempts the following drivers from the DEPARTMENT OF TRANSPORTATION
they will not be repeated in this notice. diabetes requirement in 49 CFR Federal Motor Carrier Safety
391.41(b)(3), subject to the requirements Administration
III. Discussion of Comments
cited above 49 CFR 391.64(b):
FMCSA received no comments in this Mitchell G. Aucoin (NH) [Docket No. FMCSA–2016–0385]
proceeding. Nelson T. Barninger (PA)
Qualification of Drivers; Exemption
IV. Basis for Exemption Determination Thomas J. Bonura (TX)
Applications; Diabetes Mellitus
Todd M. Boughter (PA)
Under 49 U.S.C. 31136(e) and 31315,
Bradley J. Brown (OH) AGENCY: Federal Motor Carrier Safety
FMCSA may grant an exemption from
Alex Caterson (PA) Administration (FMCSA), DOT.
the diabetes requirement in 49 CFR
Kimberly J. Davis (CT) ACTION: Notice of applications for
391.41(b)(3) if the exemption is likely to
Earl C. Duke, 2nd (VA) exemptions; request for comments.
achieve an equivalent or greater level of
David A. Evans (PA)
safety than would be achieved without SUMMARY: FMCSA announces receipt of
Robert H. Haines (PA)
the exemption. The exemption allows applications from 28 individuals for
Anthony L. Hamilton (TX)
the applicants to operate CMVs in exemption from the prohibition against
Jeremy E. Hartig (WI)
interstate commerce. persons with insulin-treated diabetes
Donovan K. Helton (VA)
To evaluate the effect of these
Thomas M. Howie, 3rd (AR) mellitus (ITDM) operating commercial
exemptions on safety, FMCSA
Gary A. Kestner (WV) motor vehicles (CMVs) in interstate
considered medical reports about the
Ricky W. Knudsen (MN) commerce. If granted, the exemptions
applicants’ ITDM and vision, and
Brandon S. Koehn (KS) would enable these individuals with
reviewed the treating endocrinologists’
Victor R. Lanza-Contreras (MD) ITDM to operate CMVs in interstate
medical opinion related to the ability of
Oscar A. Lazo (ID) commerce.
the driver to safely operate a CMV while
Stephen B. Macisaac (NY) DATES: Comments must be received on
using insulin.
Consequently, FMCSA finds that in Corey M. McCormack (CA) or before April 6, 2017.
each case exempting these applicants William D. Meier (KY)
ADDRESSES: You may submit comments
from the diabetes requirement in 49 CFR Melvin W. Miller (MI)
bearing the Federal Docket Management
391.41(b)(3) is likely to achieve a level Lyman D. Myron (AZ)
System (FDMS) Docket No. FMCSA–
of safety equal to that existing without Anthony H. Patrick (KY)
2016–0385 using any of the following
the exemption. Danny L. Peterson (WI)
methods:
Eugene P. Roever (AR) • Federal eRulemaking Portal: Go to
V. Conditions and Requirements William P. Rossi (TX) http://www.regulations.gov. Follow the
The terms and conditions of the Jim W. Royer (MN) on-line instructions for submitting
exemption will be provided to the Robert L. Rich, Jr. (MN) comments.
applicants in the exemption document George H. Saenz (OR) • Mail: Docket Management Facility;
and they include the following: (1) That David E. Schoch, Jr. (NJ) U.S. Department of Transportation, 1200
each individual submit a quarterly Bobbie G. Sharp, Sr. (MO) New Jersey Avenue SE., West Building
monitoring checklist completed by the George A. Skelton (PA) Ground Floor, Room W12–140,
treating endocrinologist as well as an Joshua D. Taylor (MO) Washington, DC 20590–0001.
annual checklist with a comprehensive Daniel G. Van Listenborgh (WY) • Hand Delivery: West Building
medical evaluation; (2) that each Clyde L. Weaver (NC) Ground Floor, Room W12–140, 1200
individual reports within 2 business Jason A. Weiss (IL) New Jersey Avenue SE., Washington,
days of occurrence, all episodes of John R. Wilson (GA) DC, between 9 a.m. and 5 p.m., e.t.,
severe hypoglycemia, significant In accordance with 49 U.S.C. 31136(e) Monday through Friday, except Federal
complications, or inability to manage and 31315 each exemption is valid for Holidays.
diabetes; also, any involvement in an two years unless revoked earlier by • Fax: 1–202–493–2251.
accident or any other adverse event in FMCSA. The exemption will be revoked Instructions: Each submission must
a CMV or personal vehicle, whether or if the following occurs: (1) The person include the Agency name and the
not it is related to an episode of fails to comply with the terms and docket numbers for this notice. Note
hypoglycemia; (3) that each individual conditions of the exemption; (2) the
sradovich on DSK3GMQ082PROD with NOTICES
that all comments received will be
provide a copy of the ophthalmologist’s exemption has resulted in a lower level posted without change to http://
or optometrist’s report to the medical of safety than was maintained before it www.regulations.gov, including any
examiner at the time of the annual was granted; or (3) continuation of the personal information provided. Please
medical examination; and (4) that each exemption would not be consistent with see the Privacy Act heading below for
individual provide a copy of the annual the goals and objectives of 49 U.S.C. further information.
medical certification to the employer for 31136(e) and 31315. If the exemption is Docket: For access to the docket to
retention in the driver’s qualification still effective at the end of the 2-year read background documents or
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![12884 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices
examined him in 2016 and certified that safely. Mr. Routh meets the certifies that Mr. Smith understands
he does not have diabetic retinopathy. requirements of the vision standard at diabetes management and monitoring,
He holds a Class A CDL from Maine. 49 CFR 391.41(b)(10). His has stable control of his diabetes using
ophthalmologist examined him in 2016 insulin, and is able to drive a CMV
Parker L. Pearce
and certified that he does not have safely. Mr. Smith meets the
Mr. Pearce, 27, has had ITDM since diabetic retinopathy. He holds a Class A requirements of the vision standard at
1998. His endocrinologist examined him CDL from Oklahoma. 49 CFR 391.41(b)(10). His optometrist
in 2016 and certified that he has had no examined him in 2016 and certified that
severe hypoglycemic reactions resulting Sean R. Shakespeare
he does not have diabetic retinopathy.
in loss of consciousness, requiring the Mr. Shakespeare, 23, has had ITDM He holds a Class A CDL from Kansas.
assistance of another person, or since 2000. His endocrinologist
resulting in impaired cognitive function examined him in 2016 and certified that Zachary C. Smith
that occurred without warning in the he has had no severe hypoglycemic Mr. Smith, 23, has had ITDM since
past 12 months and no recurrent (2 or reactions resulting in loss of 2016. His endocrinologist examined him
more) severe hypoglycemic episodes in consciousness, requiring the assistance in 2016 and certified that he has had no
the last 5 years. His endocrinologist of another person, or resulting in severe hypoglycemic reactions resulting
certifies that Mr. Pearce understands impaired cognitive function that in loss of consciousness, requiring the
diabetes management and monitoring, occurred without warning in the past 12 assistance of another person, or
has stable control of his diabetes using months and no recurrent (2 or more) resulting in impaired cognitive function
insulin, and is able to drive a CMV severe hypoglycemic episodes in the that occurred without warning in the
safely. Mr. Pearce meets the last 5 years. His endocrinologist certifies past 12 months and no recurrent (2 or
requirements of the vision standard at that Mr. Shakespeare understands more) severe hypoglycemic episodes in
49 CFR 391.41(b)(10). His diabetes management and monitoring, the last 5 years. His endocrinologist
ophthalmologist examined him in 2016 has stable control of his diabetes using certifies that Mr. [Name] understands
and certified that he does not have insulin, and is able to drive a CMV diabetes management and monitoring,
diabetic retinopathy. He holds an safely. Mr. Shakespeare meets the has stable control of his diabetes using
operator’s license from Texas. requirements of the vision standard at insulin, and is able to drive a CMV
49 CFR 391.41(b)(10). His optometrist safely. Mr. Smith meets the
Raymond L. Ramsey
examined him in 2016 and certified that requirements of the vision standard at
Mr. Ramsey, 59, has had ITDM since he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His optometrist
2000. His endocrinologist examined him He holds an operator’s license from examined him in 2016 and certified that
in 2016 and certified that he has had no Nevada. he does not have diabetic retinopathy.
severe hypoglycemic reactions resulting He holds a Class A CDL from Montana.
in loss of consciousness, requiring the Ryan B. Silva
assistance of another person, or Mr. Silva, 27, has had ITDM since Jennifer S. Starr
resulting in impaired cognitive function 2001. His endocrinologist examined him Ms. Starr, 50, has had ITDM since
that occurred without warning in the in 2016 and certified that he has had no 2014. Her endocrinologist examined her
past 12 months and no recurrent (2 or severe hypoglycemic reactions resulting in 2016 and certified that she has had
more) severe hypoglycemic episodes in in loss of consciousness, requiring the no severe hypoglycemic reactions
the last 5 years. His endocrinologist assistance of another person, or resulting in loss of consciousness,
certifies that Mr. Ramsey understands resulting in impaired cognitive function requiring the assistance of another
diabetes management and monitoring, that occurred without warning in the person, or resulting in impaired
has stable control of his diabetes using past 12 months and no recurrent (2 or cognitive function that occurred without
insulin, and is able to drive a CMV more) severe hypoglycemic episodes in warning in the past 12 months and no
safely. Mr. Ramsey meets the the last 5 years. His endocrinologist recurrent (2 or more) severe
requirements of the vision standard at certifies that Mr. Silva understands hypoglycemic episodes in the last 5
49 CFR 391.41(b)(10). His diabetes management and monitoring, years. Her endocrinologist certifies that
ophthalmologist examined him in 2016 has stable control of his diabetes using Ms. Starr understands diabetes
and certified that he has stable insulin, and is able to drive a CMV management and monitoring has stable
nonproliferative diabetic retinopathy. safely. Mr. Silva meets the requirements control of her diabetes using insulin,
He holds a Class A CDL from New of the vision standard at 49 CFR and is able to drive a CMV safely. Ms.
Hampshire. 391.41(b)(10). His ophthalmologist Starr meets the requirements of the
examined him in 2016 and certified that vision standard at 49 CFR 391.41(b)(10).
Ronald A. Routh
he does not have diabetic retinopathy. Her ophthalmologist examined her in
Mr. Routh, 67, has had ITDM since He holds an operator’s license from 2016 and certified that she has stable
2012. His endocrinologist examined him Massachusetts. nonproliferative diabetic retinopathy.
in 2016 and certified that he has had no She holds a Class A CDL from Oregon.
severe hypoglycemic reactions resulting Kent A. Smith
in loss of consciousness, requiring the Mr. Smith, 59, has had ITDM since Benjamin T. Weinheimer, Jr.
assistance of another person, or 2015. His endocrinologist examined him Mr. Weinheimer, 23, has had ITDM
resulting in impaired cognitive function in 2016 and certified that he has had no since 1995. His endocrinologist
that occurred without warning in the severe hypoglycemic reactions resulting examined him in 2016 and certified that
sradovich on DSK3GMQ082PROD with NOTICES
past 12 months and no recurrent (2 or in loss of consciousness, requiring the he has had no severe hypoglycemic
more) severe hypoglycemic episodes in assistance of another person, or reactions resulting in loss of
the last 5 years. His endocrinologist resulting in impaired cognitive function consciousness, requiring the assistance
certifies that Mr. Routh understands that occurred without warning in the of another person, or resulting in
diabetes management and monitoring, past 12 months and no recurrent (2 or impaired cognitive function that
has stable control of his diabetes using more) severe hypoglycemic episodes in occurred without warning in the past 12
insulin, and is able to drive a CMV the last 5 years. His endocrinologist months and no recurrent (2 or more)
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![12886 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices
determination at any time after the close • Federal eRulemaking Portal: Go to I. Background
of the comment period. http://www.regulations.gov. Follow the
on-line instructions for submitting Under 49 U.S.C. 31136(e) and 31315,
V. Viewing Comments and Documents FMCSA may renew an exemption from
comments.
To view comments, as well as any the Federal Motor Carrier Safety
• Mail: Docket Management Facility;
documents mentioned in this preamble, Regulations 2-year period if it finds
U.S. Department of Transportation, 1200
go to http://www.regulations.gov and in ‘‘such exemption would likely achieve a
New Jersey Avenue SE., West Building
the search box insert the docket number level of safety that is equivalent to or
Ground Floor, Room W12–140,
FMCSA–2016–0385 and click ‘‘Search.’’ greater than the level that would be
Washington, DC 20590–0001.
Next, click ‘‘Open Docket Folder’’ and achieved absent such exemption.’’ The
you will find all documents and • Hand Delivery or Courier: West statute also allows the Agency to renew
comments related to this notice. Building Ground Floor, Room W12–140, exemptions at the end of the 2-year
1200 New Jersey Avenue SE., period. The 152 individuals listed in
Issued on: February 28, 2017
Washington, DC, between 9 a.m. and 5 this notice have recently become
Larry W. Minor, p.m., e.t., Monday through Friday, eligible for a renewed exemption from
Associate Administrator for Policy. except Federal Holidays. the diabetes prohibition in 49 CFR
[FR Doc. 2017–04383 Filed 3–6–17; 8:45 am]
• Fax: 1–202–493–2251. 391.41(b)(3), which applies to drivers of
BILLING CODE 4910–EX–P
Instructions: Each submission must CMVs in interstate commerce. The
include the Agency name and the drivers remain in good standing with
docket number for this notice. Note that the Agency, have maintained their
DEPARTMENT OF TRANSPORTATION
DOT posts all comments received required medical monitoring and have
Federal Motor Carrier Safety without change to http:// not exhibited any medical issues that
Administration www.regulations.gov, including any would compromise their ability to safely
personal information included in a operate a CMV during the previous 2-
[Docket No. FMCSA–2006–26321; FMCSA– year exemption period.
2007–29286; FMCSA–2008–0341; FMCSA– comment. Please see the Privacy Act
2010–0414; FMCSA–2010–0427; FMCSA– heading below. II. Exemption Decision
2012–0349; FMCSA–2012–0350; FMCSA– Docket: For access to the docket to
2012–0351; FMCSA–2014–0312] read background documents or This notice addresses 152 individuals
comments, go to http:// who have requested renewal of their
Qualification of Drivers; Exemption www.regulations.gov at any time or exemptions in accordance with FMCSA
Applications; Diabetes Room W12–140 on the ground level of procedures. These 152 drivers remain in
AGENCY: Federal Motor Carrier Safety the West Building, 1200 New Jersey good standing with the Agency, have
Administration (FMCSA), DOT. Avenue SE., Washington, DC, between 9 maintained their required medical
ACTION: Notice of renewal of a.m. and 5 p.m., e.t., Monday through monitoring and have not exhibited any
exemptions; request for comments. Friday, except Federal holidays. The medical issues that would compromise
Federal DocketManagement System their ability to safely operate a CMV
SUMMARY: FMCSA announces its (FDMS) is available 24 hours each day, during the previous 2-year exemption
decision to renew the exemptions of 152 365 days each year. If you want period. Therefore, FMCSA has decided
individuals from its rule prohibiting acknowledgment that we received your to extend each exemption for a
persons with insulin-treated diabetes comments, please include a self- renewable two-year period. Each
mellitus (ITDM) from operating addressed, stamped envelope or individual is identified according to the
commercial motor vehicles (CMVs) in postcard or print the acknowledgement renewal date.
interstate commerce. FMCSA has page that appears after submitting The exemptions are renewed subject
statutory authority to exempt comments on-line. to the following conditions: (1) That
individuals from this rule if the Privacy Act: Anyone may search the each individual submit a quarterly
exemptions granted will not electronic form of all comments monitoring checklist completed by the
compromise safety. The Agency has received into any of our dockets by the treating endocrinologist as well as an
concluded that granting these name of the individual submitting the annual checklist with a comprehensive
exemption renewals will provide a level comment (or of the person signing the medical evaluation; (2) that each
of safety that is equivalent to or greater comment, if submitted on behalf of an individual reports within 2 business
than the level of safety maintained association, business, labor union, etc.). days of occurrence, all episodes of
without the exemptions for these CMV You may review DOT’s Privacy Act severe hypoglycemia, significant
drivers. Statement for the Federal Docket complications, or inability to manage
DATES: Each group of renewed Management System (FDMS) published diabetes; also, any involvement in an
exemptions are effective from the dates in the Federal Register on January 17, accident or any other adverse event in
stated in the discussions below. 2008 (73 FR 3316). a CMV or personal vehicle, whether or
Comments must be received on or not it is related to an episode of
before April 6, 2017. FOR FURTHER INFORMATION CONTACT: Ms. hypoglycemia; (3) that each individual
ADDRESSES: You may submit comments
Christine A. Hydock, Chief, Medical submit an annual ophthalmologist’s or
bearing the Federal Docket Management Programs Division, 202–366–4001, optometrist’s report; and (4) that each
System (FDMS) numbers: Docket No. fmcsamedical@dot.gov, FMCSA, individual provide a copy of the annual
sradovich on DSK3GMQ082PROD with NOTICES
FMCSA–2006–26321; FMCSA–2007– Department of Transportation, 1200 medical certification to the employer for
29286; FMCSA–2008–0341; FMCSA– New Jersey Avenue SE., Room W64– retention in the driver’s qualification
2010–0414; FMCSA–2010–0427; 113, Washington, DC 20590–0001. file, or keep a copy in his/her driver’s
FMCSA–2012–0349; FMCSA–2012– Office hours are from 8 a.m. to 5:30 qualification file if he/she is self-
0350; FMCSA–2012–0351; FMCSA– p.m., e.t., Monday through Friday, employed. The driver must also have a
2014–0312 using any of the following except Federal holidays. copy of the certification when driving,
methods: SUPPLEMENTARY INFORMATION: for presentation to a duly authorized
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Document Created: 2018-02-01 14:49:00
Document Modified: 2018-02-01 14:49:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of applications for exemptions; request for comments. | |
| Dates | Comments must be received on or before April 6, 2017. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], 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. | |
| FR Citation | 82 FR 12881 |
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