82 FR 12891 - 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 | 12891-12898 | |
| FR Document | 2017-04385 |
[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)] [Notices] [Pages 12891-12898] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04385] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0029] Qualification of Drivers; Exemption Applications; Diabetes Mellitus AGENCY: Federal Motor Carrier Safety Administration (FMCSA). ACTION: Notice of applications for exemptions; request for comments. ----------------------------------------------------------------------- [[Page 12892]] SUMMARY: FMCSA announces receipt of applications from 44 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-2017-0029 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 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 44 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 M. Rafael Allen Sr. Allen, 50, has had ITDM since 2016. Her endocrinologist examined her in 2016 and certified that she has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. Her endocrinologist certifies that Sr. Allen understands diabetes management and monitoring, has stable control of her diabetes using insulin, and is able to drive a CMV safely. Sr. Allen meets the requirements of the vision standard at 49 CFR 391.41(b)(10). Her ophthalmologist examined her in 2017 and certified that she does not have diabetic retinopathy. She holds an operator's license from Connecticut. Roger L. Anderson Mr. Anderson, 60, has had ITDM since 2016. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Anderson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Anderson 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 Illinois. Joseph S. Bernier Mr. Bernier, 66, has had ITDM since 2013. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Bernier understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Bernier 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 Massachusetts. Davarus L. Bouknight Mr. Bouknight, 33, 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. Bouknight understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Bouknight 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 South Carolina. [[Page 12893]] Everett L. Brashears Mr. Brashears, 55, has had ITDM since 2015. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Brashears understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Brashears 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 Massachusetts. Thomas G. Brown, II Mr. Brown, 50, has had ITDM since 2015. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Brown understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Brown meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Indiana. Sequoyah S. Browning Mr. Browning, 43, has had ITDM since 1994. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Browning understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Browning meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Arkansas. Alfred B. Cardwell Mr. Cardwell, 64, 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. Cardwell understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Cardwell 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 North Dakota. Gregg J. Chase Mr. Chase, 52, 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. Chase understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Chase meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from New Jersey. Michael R. Chrisman Mr. Chrisman, 65, has had ITDM since 2016. His endocrinologist examined him in 2017 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. Chrisman understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Chrisman meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Nebraska. Joseph A. Czanstkowski Mr. Czanstkowski, 52, has had ITDM since 2003. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Czanstkowski understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Czanstkowski meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds an operator's license from Minnesota. Daniel G. Durbin Mr. Durbin, 43, has had ITDM since 2013. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Durbin understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Durbin meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds an operator's license from Indiana. Charles E. Fennington Mr. Fennington, 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. Fennington understands [[Page 12894]] diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Fennington 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 C CDL from Delaware. Craig D. Furlough Mr. Furlough, 53, 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. Furlough understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Furlough 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 North Carolina. Jeffrey D. Griffin Mr. Griffin, 50, has had ITDM since 2016. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Griffin understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Griffin 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. Daryll A. Grinkey Mr. Grinkey, 56, has had ITDM since 2013. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Grinkey understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Grinkey 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 Illinois. Daniel J. Irving Mr. Irving, 74, 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) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Irving understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Irving meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds an operator's license from Maryland. Charles B. Jesness Mr. Jesness, 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. Jesness understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Jesness 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 Colorado. Derrick Johnson Mr. Johnson, 44, has had ITDM since 2016. His endocrinologist examined him in 2017 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 2017 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from Illinois. Robert F. King Mr. King, 55, has had ITDM since 2015. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. King understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. King meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds an operator's license from New York. Henry D. Lyons Mr. Lyons, 52, has had ITDM since 2011. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Lyons understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Lyons 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 Connecticut. Owen L. MacDonald Mr. MacDonald, 64, 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 [[Page 12895]] 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. MacDonald understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. MacDonald 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 Kansas. Edwin Martinez, Jr. Mr. Martinez, 27, has had ITDM since 2011. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Martinez understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Martinez 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 Delaware. Joseph Murray Mr. Murray, 60, has had ITDM since 2016. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Murray understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Murray meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Kansas. Bryan J. Orcutt Mr. Orcutt, 42, 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 Orcutt understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Orcutt 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 Idaho. Jesus H. Oseguera Mr. Oseguera, 43, has had ITDM since 2011. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Oseguera understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Oseguera meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from Idaho. Eugenio J. Pereira Mr. Pereira, 61, 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. Pereira understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Pereira meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2016 and certified that he has stable proliferative diabetic retinopathy. He holds a Class B CDL from New Jersey. Brian R. Repp Mr. Repp, 32, has had ITDM since 1996. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Repp understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Repp 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 Wisconsin. Michael W. Robinson Mr. Robinson, 60, has had ITDM since 1992. 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. Robinson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Robinson 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 Maryland. Reynaldo Roman Mr. Roman, 50, has had ITDM since 2010. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Roman understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Roman 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 [[Page 12896]] nonproliferative diabetic retinopathy. He holds a Class A CDL from New York. David A. Rosen Mr. Rosen, 63, 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. Rosen understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Rosen meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Pennsylvania. Joseph C. Schulte Mr. Schulte, 65, 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. Schulte understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Schulte 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. Byron L. Short Mr. Short, 51, 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. Short understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Short 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 Colorado. George W. Sparrow Mr. Sparrow, 58, has had ITDM since 2013. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Sparrow understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Sparrow meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Rhode Island. Gabriel S. Stevens Mr. Stevens, 25, has had ITDM since 1994. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Stevens understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Stevens 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 Connecticut. Stanford A. Tilghman Mr. Tilghman, 53, has had ITDM since 2016. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Tilghman understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Tilghman meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Pennsylvania. Joshua F. Tolman Mr. Tolman, 41, 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. Tolman understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Tolman 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 Utah. Thomas W. Truitt Mr. Truitt, 21, has had ITDM since 2003. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Truitt understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Truitt 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 Wyoming. Joseph G. Volz Mr. Volz, 56, has had ITDM since 2015. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Volz understands diabetes management and monitoring, [[Page 12897]] has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Volz 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 Wisconsin. David B. Watson Mr. Watson, 55, 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. Watson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Watson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds an operator's license from Florida. Curtis D. Weinman Mr. Weinman, 51, has had ITDM since 2016. His endocrinologist examined him in 2017 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. Weinman understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Weinman meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Washington. Charlie A. Williams Mr. Williams, 55, has had ITDM since 2011. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Williams understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Williams 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 North Carolina. Timothy J. Williamson Mr. Williamson, 63, 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. Williamson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Williamson 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 Georgia. Mark E. Wisecarver Mr. Wisecarver, 46, 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. Wisecarver understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Wisecarver 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 Pennsylvania. III. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the date section of the notice. FMCSA notes that section 4129 of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users requires the Secretary to revise its diabetes exemption program established on September 3, 2003 (68 FR 52441).\1\ The revision must provide for individual assessment of drivers with diabetes mellitus, and be consistent 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. [[Page 12898]] To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2017-0029 and click the search button. When the new screen appears, click on the blue ``Comment Now!'' button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. FMCSA may issue a final determination at any time after the close of the comment period. V. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2017-0029 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. 2017-04385 Filed 3-6-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices 12891
FMCSA established its diabetes Consequently, FMCSA finds that in Richard E. Harger (IN)
exemption program, based on the each case exempting these applicants Steven W. Harry (OR)
Agency’s July 2000 study entitled ‘‘A from the diabetes requirement in 49 CFR Jay M. Hill (CO)
Report to Congress on the Feasibility of 391.41(b)(3) is likely to achieve a level Paul J. Horne (NY)
a Program to Qualify Individuals with of safety equal to that existing without Eric C. Irwin (IL)
Insulin-Treated Diabetes Mellitus to the exemption. John E. Kerby (NE)
Operate in Interstate Commerce as Adam R. Kleist, Jr. (OR)
Directed by the Transportation Act for V. Conditions and Requirements Jacob A. Knezevich (NM)
the 21st Century.’’ The report concluded The terms and conditions of the Joel A. Kroll (SD)
that a safe and practicable protocol to exemption will be provided to the Stephen T. Labay (OH)
allow some drivers with ITDM to applicants in the exemption document Edwin J. Lundquist (MN)
operate CMVs is feasible. The and they include the following: (1) That Brian A. McCarthy (GA)
September 3, 2003 (68 FR 52441), each individual submit a quarterly Daniel F. Mesiano (WA)
Federal Register notice in conjunction monitoring checklist completed by the Lucjan Metkowski (MI)
with the November 8, 2005 (70 FR treating endocrinologist as well as an Stephen C. Mickle (AL)
67777), Federal Register notice provides annual checklist with a comprehensive Bryan K. Moreland (CA)
the current protocol for allowing such medical evaluation; (2) that each Tyler J. Oakland (NE)
drivers to operate CMVs in interstate individual reports within 2 business Yesenia Orozco Marquez (OK)
commerce. days of occurrence, all episodes of Salvador Pacheco, Jr. (TX)
These 52 applicants have had ITDM severe hypoglycemia, significant Martin J. Reding (OR)
over a range of 1 to 24 years. These Daniel A. Rivera (FL)
complications, or inability to manage
applicants report no severe Gerald J. Rosauer (WI)
diabetes; also, any involvement in an
hypoglycemic reactions resulting in loss Chester G. Selfridge, Jr. (PA)
accident or any other adverse event in
of consciousness or seizure, requiring Paul A. Sheehan (PA)
a CMV or personal vehicle, whether or Brent L. Stroud (IL)
the assistance of another person, or not it is related to an episode of Michael W. Sutton (WA)
resulting in impaired cognitive function hypoglycemia; (3) that each individual Carlos Swepson, Sr. (RI)
that occurred without warning provide a copy of the ophthalmologist’s Noah E. Thompson (AL)
symptoms, in the past 12 months and no or optometrist’s report to the medical Thomas P. Verdon (PA)
recurrent (2 or more) severe examiner at the time of the annual Richard F. Wiltgen (IA)
hypoglycemic episodes in the past 5 medical examination; and (4) that each Richard C. Wright (NJ)
years. In each case, an endocrinologist individual provide a copy of the annual
verified that the driver has In accordance with 49 U.S.C. 31136(e)
medical certification to the employer for
demonstrated a willingness to properly and 31315 each exemption is valid for
retention in the driver’s qualification
monitor and manage his/her diabetes two years unless revoked earlier by
file, or keep a copy in his/her driver’s
mellitus, received education related to FMCSA. The exemption will be revoked
qualification file if he/she is self-
diabetes management, and is on a stable if the following occurs: (1) The person
employed. The driver must also have a
insulin regimen. These drivers report no fails to comply with the terms and
copy of the certification when driving,
other disqualifying conditions, conditions of the exemption; (2) the
for presentation to a duly authorized
including diabetes-related exemption has resulted in a lower level
Federal, State, or local enforcement
complications. Each meets the vision of safety than was maintained before it
official.
requirement at 49 CFR 391.41(b)(10). was granted; or (3) continuation of the
The qualifications and medical VI. Conclusion exemption would not be consistent with
condition of each applicant were stated Based upon its evaluation of the 52 the goals and objectives of 49 U.S.C.
and discussed in detail in the November exemption applications, FMCSA 31136(e) and 31315. If the exemption is
23, 2016, Federal Register notice and exempts the following drivers from the still effective at the end of the 2-year
they will not be repeated in this notice. diabetes requirement in 49 CFR period, the person may apply to FMCSA
391.41(b)(3), subject to the requirements for a renewal under procedures in effect
III. Discussion of Comments at that time.
cited above 49 CFR 391.64(b):
FMCSA received no comments in this Rickey C. Alvis (NC) Issued on: February 27, 2017.
proceeding. Vicki L. Bailey (WI) Larry W. Minor,
IV. Basis for Exemption Determination Bennie L. Baker (TX) Associate Administrator for Policy.
Darious A. Ballou, III (NC) [FR Doc. 2017–04384 Filed 3–6–17; 8:45 am]
Under 49 U.S.C. 31136(e) and 31315, Salauddin Baset (TX)
FMCSA may grant an exemption from Emmett G. Bell (DE)
BILLING CODE 4910–EX–P
the diabetes requirement in 49 CFR Ralph G. Caffee (PA)
391.41(b)(3) if the exemption is likely to James L. Calman (WA)
achieve an equivalent or greater level of DEPARTMENT OF TRANSPORTATION
Michael J. Carey (NY)
safety than would be achieved without David L. Cheshire (MI) Federal Motor Carrier Safety
the exemption. The exemption allows Allan S. Clugston (NY) Administration
the applicants to operate CMVs in Sean M. Collins (MN)
interstate commerce. Jimmy D. Curtis (TX) [Docket No. FMCSA–2017–0029]
To evaluate the effect of these
sradovich on DSK3GMQ082PROD with NOTICES
Larry D. Dearth (WI)
exemptions on safety, FMCSA Qualification of Drivers; Exemption
Keith M. Dickerson (WI)
considered medical reports about the James J. Dorio (PA) Applications; Diabetes Mellitus
applicants’ ITDM and vision, and Virgil J. Erhardt (IA) AGENCY: Federal Motor Carrier Safety
reviewed the treating endocrinologists’ Jimmy J. Fanelli (OR) Administration (FMCSA).
medical opinion related to the ability of Craig W. Ferris (CT) ACTION: Notice of applications for
the driver to safely operate a CMV while William L. Garrity (CT) exemptions; request for comments.
using insulin. Robin D. Gibson (DC)
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![12898 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices
To submit your comment online, go to greater than, the level of safety Socrates Landestoy (NJ)
http://www.regulations.gov and in the maintained without the exemptions for Kevin R. Loder (NJ)
search box insert the docket number these commercial motor vehicle (CMV) Thomas W. McNeil (KY)
FMCSA–2017–0029 and click the search drivers. Rafael Mendez (CT)
button. When the new screen appears, FOR FURTHER INFORMATION CONTACT: Ms. Pamela J. Meziere (MS)
click on the blue ‘‘Comment Now!’’ Christine A. Hydock, Chief, Medical Edward V. Mixdorf (WI)
button on the right hand side of the Programs Division, (202) 366–4001, William C. Moore (GA)
page. On the new page, enter fmcsamedical@dot.gov, FMCSA, Derek G. Norde (MO)
information required including the Department of Transportation, 1200 Alejandro Palacios (FL)
specific section of this document to New Jersey Avenue SE., Room W64– David A. Panza (OH)
which each comment applies, and 113, Washington, DC 20590–0001. Sonel Pierre-Louis (FL)
provide a reason for each suggestion or Office hours are 8:30 a.m. to 5 p.m., e.t., Robert B. Riley (NC)
recommendation. If you submit your Monday through Friday, except Federal Niguel A. Salinas (TX)
comments by mail or hand delivery, holidays. Warren A. Smith (NJ)
submit them in an unbound format, no Donald S. Staiger (NJ)
SUPPLEMENTARY INFORMATION: Ernest P. Stengel (CT)
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you Background Vicki L. Stone (HI)
submit comments by mail and would Zachary L.D. Tennant (WV)
Under 49 U.S.C. 31136(e) and 31315,
like to know that they reached the Danny Thomas (PA)
FMCSA may grant an exemption from Carlos F. Webb (VA)
facility, please enclose a stamped, self- the Federal diabetes standard for a
addressed postcard or envelope. Shane D. Weber (LA)
renewable 2-year period if it finds ‘‘such Charles L. Willingham (AZ)
We will consider all comments and
an exemption would likely achieve a Edward B. Wilson (VA)
material received during the comment
level of safety that is equivalent to, or
period. FMCSA may issue a final The following 8 applicants have had
greater than, the level that would be
determination at any time after the close more than one hypoglycemic episode
achieved absent such an exemption.’’
of the comment period. requiring hospitalization or the
The procedures for requesting an
V. Viewing Comments and Documents exemption are set forth in 49 CFR part assistance of others, or has had one such
381. episode but has not had one year of
To view comments, as well as any stability following the episode:
documents mentioned in this preamble, Accordingly, FMCSA evaluated 74
individual exemption requests on their Weston Arnick (MD)
go to http://www.regulations.gov and in
merits and made a determination that Ryan L. Cox (NY)
the search box insert the docket number
these applicants do not satisfy the Patricia A. Koch (AR)
FMCSA–2017–0029 and click ‘‘Search.’’
criteria eligibility or meet the terms and Clarissa M. Olson (MO)
Next, click ‘‘Open Docket Folder’’ and
conditions of the Federal exemption Silvio N. Pantaleon (NY)
you will find all documents and Clinton W. Reynolds (VA)
comments related to this notice. program. Each applicant has, prior to
this notice, received a letter of final Kevin G. Snyder (IN)
Issued on: February 28, 2017. disposition on the exemption request. Hans J. Woelk (WA)
Larry W. Minor, Those decision letters fully outlined the The following 3 applicants had other
Associate Administrator for Policy. basis for the denial and constitute final medical conditions making the
[FR Doc. 2017–04385 Filed 3–6–17; 8:45 am] Agency action. The list published in applicant otherwise unqualified under
BILLING CODE 4910–EX–P this notice summarizes the Agency’s the Federal Motor Carrier Safety
recent denials as required under 49 Regulations:
U.S.C. 31315(b)(4) by periodically James V. Maiorana (NY)
DEPARTMENT OF TRANSPORTATION publishing names and reasons for Robert A. Shamberger (NC)
denial. Kenny L. White (OR)
Federal Motor Carrier Safety The following 7 applicants met the
Administration The following applicant, Ray S. Justus
diabetes requirements of 49 CFR (PA), did not have an endocrinologist
[Docket No. FMCSA–2016–0384] 391.41(b)(3) and do not need an willing to make a statement that he is
exemption: able to operate a CMV from a diabetes
Qualification of Drivers; Exemption James D. Bohanan (TN) standpoint.
Applications; Diabetes Dean A. Dahlheimer (MN) The following 2 applicants are unable
AGENCY: Federal Motor Carrier Safety James A.E. Harris (PA) or have not demonstrated with
Administration (FMCSA), DOT. Clifford D. Humphrey (NJ) willingness to properly monitor and
ACTION: Notice of denials.
Gary L. Knox (MN) manage his or her diabetes, whether by
Brian T. McGill (UT) a personal decision or medical inability:
SUMMARY: FMCSA announces its denial John C. McGrath (WI)
Gerald W. Fitch (OH)
of 74 applications from individuals who The following 33 applicants were not Tyler T. Turner (TN)
requested an exemption from the operating CMVs in interstate commerce:
Federal diabetes standard applicable to The following 2 applicants currently
Epifano M. Alonzo (TX) reside in Canada. They are not eligible
interstate truck and bus drivers and the Henry W. Beeler (VA)
reasons for the denials. FMCSA has because the Federal exemption is for
sradovich on DSK3GMQ082PROD with NOTICES
David Boutwell (NH) drivers operating only in the United
statutory authority to exempt Gary D. Buzzard (OK)
individuals from the diabetes States:
William J. Couch (GA)
requirement if the exemptions granted Gladys N. Crespo (CT) Tony J. Basaraba (SK)
will not compromise safety. The Agency Russell L. Fortna (CO) Jerzy R. Rudowski (BC)
has concluded that granting these Glenda L. Haines (IN) The following applicant, Dale W.
exemptions does not provide a level of Nan W. Hendley (TX) Perkins (MO), has peripheral
safety that will be equivalent to, or Phillip L. Kidney (CT) neuropathy or circulatory insufficiency
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Document Created: 2018-02-01 14:49:16
Document Modified: 2018-02-01 14:49:16
| 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 12891 |
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