82_FR_17797 82 FR 17728 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

82 FR 17728 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 69 (April 12, 2017)

Page Range17728-17734
FR Document2017-07314

FMCSA announces receipt of applications from 43 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce.

Federal Register, Volume 82 Issue 69 (Wednesday, April 12, 2017)
[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17728-17734]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07314]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0032]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

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

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

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SUMMARY: FMCSA announces receipt of applications from 43 individuals 
for exemption from the prohibition against persons with insulin-treated 
diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in 
interstate commerce. If granted, the exemptions would enable these 
individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before May 12, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2017-0032 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.

[[Page 17729]]


SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the Federal Motor Carrier Safety Regulations for a 2-year period 
if it finds ``such exemption would likely achieve a level of safety 
that is equivalent to or greater than the level that would be achieved 
absent such exemption.'' The statute also allows the Agency to renew 
exemptions at the end of the 2-year period. The 43 individuals listed 
in this notice have recently requested such an exemption from the 
diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers 
of CMVs in interstate commerce. Accordingly, the Agency will evaluate 
the qualifications of each applicant to determine whether granting the 
exemption will achieve the required level of safety mandated by 
statute.

II. Qualifications of Applicants

Lucas L.R. Adams

    Mr. Adams, 38, has had ITDM since 1987. His endocrinologist 
examined him in 2016 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Adams understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Adams meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he has stable 
proliferative diabetic retinopathy. He holds an operator's license from 
Nebraska.

Ronald E. Allen, Jr.

    Mr. Allen, 62, has had ITDM since 2014. 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. Allen understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Allen meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2017 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from California.

Kevin N. Blair

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

Justin D. Bodily

    Mr. Bodily, 34, 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. Bodily understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Bodily 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 
Idaho.

George C. Burbach

    Mr. Burbach, 34, has had ITDM since 1988. 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. Burbach understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Burbach 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 an operator's license 
from California.

Paul T. Caputo

    Mr. Caputo, 51, has had ITDM since 2017. 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. Caputo understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Caputo 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.

Frederic J. Conti

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

Joshua L. Crider

    Mr. Crider, 36, has had ITDM since 2012. 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. Crider understands diabetes 
management and monitoring, has stable control of his diabetes using

[[Page 17730]]

insulin, and is able to drive a CMV safely. Mr. Crider meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Minnesota.

Culley R. Despain

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

Mitchell F. Durkan

    Mr. Durkan, 49, 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. Durkan understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Durkan 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 Colorado.

Ray A. Espinoza

    Mr. Espinoza, 49, has had ITDM since 2012. 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. Espinoza understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Espinoza 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 California.

Christopher J. Fisher

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

Jacob L. Flatt

    Mr. Flatt, 25, has had ITDM since 2011. 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. Flatt understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Flatt 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 Oklahoma.

Terry Fleharty

    Mr. Fleharty, 71, has had ITDM since 2007. 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. Fleharty understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Fleharty 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 Mexico.

Kevin P. Fulcher

    Mr. Fulcher, 61, has had ITDM since 2009. 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. Fulcher understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Fulcher 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 B CDL from Massachusetts.

Michael F. Fulton

    Mr. Fulton, 66, 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. Fulton understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Fulton 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 an operator's license from Arizona.

Ivan R. Grove

    Mr. Grove, 58, has had ITDM since 2000. 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

[[Page 17731]]

past 12 months and no recurrent (2 or more) severe hypoglycemic 
episodes in the last 5 years. His endocrinologist certifies that Mr. 
Grove understands diabetes management and monitoring, has stable 
control of his diabetes using insulin, and is able to drive a CMV 
safely. Mr. Grove 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 an operator's license from Pennsylvania.

Nathanial M.I. Hicks

    Mr. Hicks, 35, 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. Hicks understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Hicks 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 an operator's license from Oregon.

Daniel J. Lacroix

    Mr. Lacroix, 42, has had ITDM since 2012. 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. Lacroix understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Lacroix 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 Massachusetts.

Kenneth S. LeColst

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

John G. Liebl

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

William E. McClain

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

Kevon T. McCray

    Mr. McCray, 27, 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. McCray understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. McCray 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 an operator's license 
from North Carolina.

Rodney G. Moore

    Mr. Moore, 68, 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. Moore understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Moore 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 Washington.

Brian M. Morel

    Mr. Morel, 57, has had ITDM since 1989. 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. Morel understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Morel 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 B CDL from New 
Jersey.

[[Page 17732]]

Keith E. Newbauer

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

Herbert L. Redd

    Mr. Redd, 66, has had ITDM since 2014. His endocrinologist examined 
him in 2016 and certified that he has had no severe hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 12 months and no recurrent (2 or 
more) severe hypoglycemic episodes in the last 5 years. His 
endocrinologist certifies that Mr. Redd understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Redd 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.

Quentin M. Rembert

    Mr. Rembert, 28, 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. Rembert understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Rembert 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 Wisconsin.

Philip J. Richard

    Mr. Richard, 54, 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. Richard understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Richard 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 Pennsylvania.

Lars A. Sandaker

    Mr. Sandaker, 46, has had ITDM since 2008. 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. Sandaker understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Sandaker 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.

John E. Sargent, Jr.

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

Kevin R. Sewell

    Mr. Sewell, 24, has had ITDM since 2004. 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. Sewell understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Sewell 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 an operator's license from North 
Carolina.

Donald J. Smith

    Mr. Smith, 41, 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. 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 an operator's license from Vermont.

Larry D. Smith

    Mr. Smith, 64, has had ITDM since 2006. 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. Smith understands diabetes 
management and monitoring, has stable control of his diabetes using

[[Page 17733]]

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 2017 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Tennessee.

Warren A. Smith

    Mr. Smith, 58, 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. 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 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from New Jersey.

Daniel J. Spauling

    Mr. Spauling, 58, has had ITDM since 2008. 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. Spauling understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Spauling 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.

Russell D. Swanson

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

Scot D. Thompson

    Mr. Thompson, 57, has had ITDM since 2012. 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. Thompson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Thompson 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 New York.

Wayne F. Todd

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

Harold W. Trombly, III

    Mr. Trombly, 40, has had ITDM since 1991. 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. Trombly understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Trombly 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 Massachusetts.

Steven L. Welker

    Mr. Welker, 49, 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. Welker understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Welker 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 Iowa.

Christopher U. Williams

    Mr. Williams, 41, has had ITDM since 2008. 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. 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 an operator's license from 
Louisiana.

Craig L. Woodard

    Mr. Woodard, 53, 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

[[Page 17734]]

past 12 months and no recurrent (2 or more) severe hypoglycemic 
episodes in the last 5 years. His endocrinologist certifies that Mr. 
Woodard understands diabetes management and monitoring, has stable 
control of his diabetes using insulin, and is able to drive a CMV 
safely. Mr. Woodard 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 Ohio.

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-2017-0032 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-2017-0032 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: March 30, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-07314 Filed 4-11-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  17728                        Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices

                                                  an issue prior to NEPA decisions being                  Delivery Program and did not relate                   ADDRESSES:   You may submit comments
                                                  finalized for larger scale CEs as well as               specifically to Audit #3. The TxDOT’s                 bearing the Federal Docket Management
                                                  for EAs and EISs.                                       comments provided information about                   System (FDMS) Docket No. FMCSA–
                                                     12. Expectation for the timeframe                    non-compliance and general                            2017–0032 using any of the following
                                                  necessary for a legal review—This                       observations from the draft report that               methods:
                                                  TxDOT comment on Audit #2 commits                       should be revised. The response also                    • Federal eRulemaking Portal: Go to
                                                  to revising the standard operating                      describes actions TxDOT has taken in                  http://www.regulations.gov. Follow the
                                                  procedure to establish an expected                      response to the report’s observations.                on-line instructions for submitting
                                                  review time for the TxDOT’s OGC now                        Several TxDOT comments have                        comments.
                                                  GCD to conduct a legal sufficiency                      resulted in changes in this report. The                 • Mail: Docket Management Facility;
                                                  review. As recommended during Audit                     number of observations in the draft                   U.S. Department of Transportation, 1200
                                                  # 2, OGC has issued a procedure                         report was incorrectly referred to in one             New Jersey Avenue SE., West Building
                                                  establishing legal review times for FEIS                instance as nine and has been corrected.              Ground Floor, Room W12–140,
                                                  (30 days) and for NOI and 139(l)                        The information storage and                           Washington, DC 20590–0001.
                                                  documents (3 days). If necessary, OGC                   management role of ECOS was clarified                   • Hand Delivery: West Building
                                                  can request additional time for the                     by deleting mention of public use, but                Ground Floor, Room W12–140, 1200
                                                  review.                                                 instead an internal tool TxDOT uses to                New Jersey Avenue SE., Washington,
                                                     13. Measure for the TxDOT                            disclose information to the public.                   DC, between 9 a.m. and 5 p.m., e.t.,
                                                  relationship with the public—The                        Because of TxDOT comments on the                      Monday through Friday, except Federal
                                                  TxDOT continued to report the number                    draft report’s discussion of ESA                      Holidays.
                                                  of complaints received year-to-year as                  compliance, the discussion of Non-                      • Fax: 1–202–493–2251.
                                                  its performance measure for its                         Compliance Observation #1 was revised                    Instructions: Each submission must
                                                  relationship with the public. None were                 to include: Mention of critical habitat,              include the Agency name and the
                                                  received, and the measure reported was                  and the justification for consideration of            docket numbers for this notice. Note
                                                  unchanged from the prior self-                          possible effects to a species or their                that all comments received will be
                                                  assessment summary report. The team                     habitat. The TxDOT’s response also                    posted without change to http://
                                                  learned from interviews that it is                      clarified that it updated its handbook                www.regulations.gov, including any
                                                  possible that the public may not                        procedures for noise issues, but did not              personal information provided. Please
                                                  distinguish between performance pre-                    update the 2011 noise policy. The                     see the Privacy Act heading below for
                                                  and post- assignment. The team was                      discussion of Non-Compliance #2 has                   further information.
                                                  told that TxDOT is still getting feedback               removed mention of a TxDOT 2016                          Docket: For access to the docket to
                                                  from the public and agencies and plans                  noise policy.                                         read background documents or
                                                  to include the measures into a
                                                                                                             Since the completion of this report,               comments, go to http://
                                                  continuous improvement process. The
                                                                                                          staff from TxDOT and FHWA have                        www.regulations.gov at any time or
                                                  TxDOT also noted, in its Federal
                                                                                                          established quarterly partnering                      Room W12–140 on the ground level of
                                                  Register comment on the draft Audit #2
                                                                                                          sessions where observations and other                 the West Building, 1200 New Jersey
                                                  report, that (1) assessing change in
                                                                                                          issues relating to NEPA assignment are                Avenue SE., Washington, DC, between 9
                                                  communication with the general public
                                                                                                          being discussed, clarified, and resolved.             a.m. and 5 p.m., e.t., Monday through
                                                  is inherently difficult, (2) NEPA                       [FR Doc. 2017–07345 Filed 4–11–17; 8:45 am]           Friday, except Federal holidays. The
                                                  assignment presents little external
                                                                                                          BILLING CODE 4910–22–P                                Federal Docket Management System
                                                  differentiation to the general public, and
                                                                                                                                                                (FDMS) is available 24 hours each day,
                                                  (3) finding success in measuring this
                                                                                                                                                                365 days each year. If you want
                                                  variable has proven difficult.                          DEPARTMENT OF TRANSPORTATION
                                                     14. Implement ways to train local                                                                          acknowledgment that we received your
                                                  government staff—The TxDOT’s                                                                                  comments, please include a self-
                                                                                                          Federal Motor Carrier Safety                          addressed, stamped envelope or
                                                  Environmental Professional Training                     Administration
                                                  Program is described in a four-page                                                                           postcard or print the acknowledgement
                                                  report provided to the team as part of                                                                        page that appears after submitting
                                                                                                          [Docket No. FMCSA–2017–0032]
                                                  TxDOT’s pre-audit information request                                                                         comments on-line.
                                                  response. That report identifies a series               Qualification of Drivers; Exemption                      Privacy Act: In accordance with 5
                                                  of workshops and training events jointly                Applications; Diabetes Mellitus                       U.S.C. 553(c), DOT solicits comments
                                                  held with THC staff. The team learned                                                                         from the public to better inform its
                                                                                                          AGENCY: Federal Motor Carrier Safety                  rulemaking process. DOT posts these
                                                  through interviews and the training
                                                                                                          Administration (FMCSA), DOT.                          comments, without edit, including any
                                                  program report that TxDOT has
                                                  established an ENV training SharePoint                  ACTION: Notice of applications for                    personal information the commenter
                                                  site that is accessible to the public for               exemptions; request for comments.                     provides, to www.regulations.gov, as
                                                  local government staff to register for                                                                        described in the system of records
                                                                                                          SUMMARY:   FMCSA announces receipt of                 notice (DOT/ALL–14 FDMS), which can
                                                  training at no cost.                                    applications from 43 individuals for                  be reviewed at www.dot.gov/privacy.
                                                  Finalization of Report                                  exemption from the prohibition against                FOR FURTHER INFORMATION CONTACT: Ms.
                                                     The FHWA received two responses                      persons with insulin-treated diabetes                 Christine A. Hydock, Chief, Medical
                                                  from the American Road &                                mellitus (ITDM) operating commercial                  Programs Division, (202) 366–4001,
mstockstill on DSK30JT082PROD with NOTICES




                                                  Transportation Builders Association                     motor vehicles (CMVs) in interstate                   fmcsamedical@dot.gov, FMCSA,
                                                  (ARTBA) and TxDOT during the 30-day                     commerce. If granted, the exemptions                  Department of Transportation, 1200
                                                  comment period for the draft report. The                would enable these individuals with                   New Jersey Avenue SE., Room W64–
                                                  team has considered these comments in                   ITDM to operate CMVs in interstate                    113, Washington, DC 20590–0001.
                                                  finalizing this audit report. The                       commerce.                                             Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                                  ARTBA’s comments were supportive of                     DATES: Comments must be received on                   Monday through Friday, except Federal
                                                  the Surface Transportation Project                      or before May 12, 2017.                               holidays.


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                                                                               Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices                                         17729

                                                  SUPPLEMENTARY INFORMATION:                              391.41(b)(10). His ophthalmologist                    requirements of the vision standard at
                                                                                                          examined him in 2017 and certified that               49 CFR 391.41(b)(10). His
                                                  I. Background
                                                                                                          he does not have diabetic retinopathy.                ophthalmologist examined him in 2017
                                                     Under 49 U.S.C. 31136(e) and 31315,                  He holds a Class A CDL from California.               and certified that he has stable
                                                  FMCSA may grant an exemption from                                                                             nonproliferative diabetic retinopathy.
                                                                                                          Kevin N. Blair
                                                  the Federal Motor Carrier Safety                                                                              He holds an operator’s license from
                                                  Regulations for a 2-year period if it finds               Mr. Blair, 58, has had ITDM since                   California.
                                                  ‘‘such exemption would likely achieve a                 2016. His endocrinologist examined him
                                                                                                          in 2017 and certified that he has had no              Paul T. Caputo
                                                  level of safety that is equivalent to or
                                                  greater than the level that would be                    severe hypoglycemic reactions resulting                 Mr. Caputo, 51, has had ITDM since
                                                  achieved absent such exemption.’’ The                   in loss of consciousness, requiring the               2017. His endocrinologist examined him
                                                  statute also allows the Agency to renew                 assistance of another person, or                      in 2017 and certified that he has had no
                                                  exemptions at the end of the 2-year                     resulting in impaired cognitive function              severe hypoglycemic reactions resulting
                                                  period. The 43 individuals listed in this               that occurred without warning in the                  in loss of consciousness, requiring the
                                                  notice have recently requested such an                  past 12 months and no recurrent (2 or                 assistance of another person, or
                                                  exemption from the diabetes prohibition                 more) severe hypoglycemic episodes in                 resulting in impaired cognitive function
                                                  in 49 CFR 391.41(b)(3), which applies to                the last 5 years. His endocrinologist                 that occurred without warning in the
                                                  drivers of CMVs in interstate commerce.                 certifies that Mr. Blair understands                  past 12 months and no recurrent (2 or
                                                  Accordingly, the Agency will evaluate                   diabetes management and monitoring,                   more) severe hypoglycemic episodes in
                                                  the qualifications of each applicant to                 has stable control of his diabetes using              the last 5 years. His endocrinologist
                                                  determine whether granting the                          insulin, and is able to drive a CMV                   certifies that Mr. Caputo understands
                                                  exemption will achieve the required                     safely. Mr. Blair meets the requirements              diabetes management and monitoring,
                                                  level of safety mandated by statute.                    of the vision standard at 49 CFR                      has stable control of his diabetes using
                                                                                                          391.41(b)(10). His optometrist examined               insulin, and is able to drive a CMV
                                                  II. Qualifications of Applicants                        him in 2017 and certified that he does                safely. Mr. Caputo meets the
                                                  Lucas L.R. Adams                                        not have diabetic retinopathy. He holds               requirements of the vision standard at
                                                                                                          a Class A CDL from Kansas.                            49 CFR 391.41(b)(10). His optometrist
                                                    Mr. Adams, 38, has had ITDM since                                                                           examined him in 2017 and certified that
                                                  1987. His endocrinologist examined him                  Justin D. Bodily
                                                                                                                                                                he does not have diabetic retinopathy.
                                                  in 2016 and certified that he has had no                  Mr. Bodily, 34, has had ITDM since                  He holds a Class A CDL from Indiana.
                                                  severe hypoglycemic reactions resulting                 2016. His endocrinologist examined him
                                                  in loss of consciousness, requiring the                 in 2017 and certified that he has had no              Frederic J. Conti
                                                  assistance of another person, or                        severe hypoglycemic reactions resulting                 Mr. Conti, 52, has had ITDM since
                                                  resulting in impaired cognitive function                in loss of consciousness, requiring the               2014. His endocrinologist examined him
                                                  that occurred without warning in the                    assistance of another person, or                      in 2016 and certified that he has had no
                                                  past 12 months and no recurrent (2 or                   resulting in impaired cognitive function              severe hypoglycemic reactions resulting
                                                  more) severe hypoglycemic episodes in                   that occurred without warning in the                  in loss of consciousness, requiring the
                                                  the last 5 years. His endocrinologist                   past 12 months and no recurrent (2 or                 assistance of another person, or
                                                  certifies that Mr. Adams understands                    more) severe hypoglycemic episodes in                 resulting in impaired cognitive function
                                                  diabetes management and monitoring,                     the last 5 years. His endocrinologist                 that occurred without warning in the
                                                  has stable control of his diabetes using                certifies that Mr. Bodily understands                 past 12 months and no recurrent (2 or
                                                  insulin, and is able to drive a CMV                     diabetes management and monitoring,                   more) severe hypoglycemic episodes in
                                                  safely. Mr. Adams meets the                             has stable control of his diabetes using              the last 5 years. His endocrinologist
                                                  requirements of the vision standard at                  insulin, and is able to drive a CMV                   certifies that Mr. Conti understands
                                                  49 CFR 391.41(b)(10). His                               safely. Mr. Bodily meets the                          diabetes management and monitoring,
                                                  ophthalmologist examined him in 2016                    requirements of the vision standard at                has stable control of his diabetes using
                                                  and certified that he has stable                        49 CFR 391.41(b)(10). His                             insulin, and is able to drive a CMV
                                                  proliferative diabetic retinopathy. He                  ophthalmologist examined him in 2016                  safely. Mr. Conti meets the requirements
                                                  holds an operator’s license from                        and certified that he has stable                      of the vision standard at 49 CFR
                                                  Nebraska.                                               nonproliferative diabetic retinopathy.                391.41(b)(10). His optometrist examined
                                                  Ronald E. Allen, Jr.                                    He holds a Class A CDL from Idaho.                    him in 2016 and certified that he does
                                                                                                                                                                not have diabetic retinopathy. He holds
                                                    Mr. Allen, 62, has had ITDM since                     George C. Burbach
                                                                                                                                                                a Class A CDL from Pennsylvania.
                                                  2014. His endocrinologist examined him                    Mr. Burbach, 34, has had ITDM since
                                                  in 2017 and certified that he has had no                1988. His endocrinologist examined him                Joshua L. Crider
                                                  severe hypoglycemic reactions resulting                 in 2017 and certified that he has had no                Mr. Crider, 36, has had ITDM since
                                                  in loss of consciousness, requiring the                 severe hypoglycemic reactions resulting               2012. His endocrinologist examined him
                                                  assistance of another person, or                        in loss of consciousness, requiring the               in 2017 and certified that he has had no
                                                  resulting in impaired cognitive function                assistance of another person, or                      severe hypoglycemic reactions resulting
                                                  that occurred without warning in the                    resulting in impaired cognitive function              in loss of consciousness, requiring the
                                                  past 12 months and no recurrent (2 or                   that occurred without warning in the                  assistance of another person, or
                                                  more) severe hypoglycemic episodes in                   past 12 months and no recurrent (2 or                 resulting in impaired cognitive function
mstockstill on DSK30JT082PROD with NOTICES




                                                  the last 5 years. His endocrinologist                   more) severe hypoglycemic episodes in                 that occurred without warning in the
                                                  certifies that Mr. Allen understands                    the last 5 years. His endocrinologist                 past 12 months and no recurrent (2 or
                                                  diabetes management and monitoring,                     certifies that Mr. Burbach understands                more) severe hypoglycemic episodes in
                                                  has stable control of his diabetes using                diabetes management and monitoring,                   the last 5 years. His endocrinologist
                                                  insulin, and is able to drive a CMV                     has stable control of his diabetes using              certifies that Mr. Crider understands
                                                  safely. Mr. Allen meets the requirements                insulin, and is able to drive a CMV                   diabetes management and monitoring,
                                                  of the vision standard at 49 CFR                        safely. Mr. Burbach meets the                         has stable control of his diabetes using


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                                                  17730                        Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices

                                                  insulin, and is able to drive a CMV                     diabetes management and monitoring,                   certifies that Mr. Fleharty understands
                                                  safely. Mr. Crider meets the                            has stable control of his diabetes using              diabetes management and monitoring,
                                                  requirements of the vision standard at                  insulin, and is able to drive a CMV                   has stable control of his diabetes using
                                                  49 CFR 391.41(b)(10). His optometrist                   safely. Mr. Espinoza meets the                        insulin, and is able to drive a CMV
                                                  examined him in 2016 and certified that                 requirements of the vision standard at                safely. Mr. Fleharty meets the
                                                  he does not have diabetic retinopathy.                  49 CFR 391.41(b)(10). His optometrist                 requirements of the vision standard at
                                                  He holds a Class A CDL from                             examined him in 2017 and certified that               49 CFR 391.41(b)(10). His
                                                  Minnesota.                                              he does not have diabetic retinopathy.                ophthalmologist examined him in 2016
                                                                                                          He holds an operator’s license from                   and certified that he does not have
                                                  Culley R. Despain
                                                                                                          California.                                           diabetic retinopathy. He holds a Class A
                                                    Mr. Despain, 53, has had ITDM since                                                                         CDL from New Mexico.
                                                  2016. His endocrinologist examined him                  Christopher J. Fisher
                                                  in 2016 and certified that he has had no                  Mr. Fisher, 38, has had ITDM since                  Kevin P. Fulcher
                                                  severe hypoglycemic reactions resulting                 2006. His endocrinologist examined him                  Mr. Fulcher, 61, has had ITDM since
                                                  in loss of consciousness, requiring the                 in 2016 and certified that he has had no              2009. His endocrinologist examined him
                                                  assistance of another person, or                        severe hypoglycemic reactions resulting               in 2017 and certified that he has had no
                                                  resulting in impaired cognitive function                in loss of consciousness, requiring the               severe hypoglycemic reactions resulting
                                                  that occurred without warning in the                    assistance of another person, or                      in loss of consciousness, requiring the
                                                  past 12 months and no recurrent (2 or                   resulting in impaired cognitive function              assistance of another person, or
                                                  more) severe hypoglycemic episodes in                   that occurred without warning in the                  resulting in impaired cognitive function
                                                  the last 5 years. His endocrinologist                   past 12 months and no recurrent (2 or                 that occurred without warning in the
                                                  certifies that Mr. Despain understands                  more) severe hypoglycemic episodes in                 past 12 months and no recurrent (2 or
                                                  diabetes management and monitoring,                     the last 5 years. His endocrinologist                 more) severe hypoglycemic episodes in
                                                  has stable control of his diabetes using                certifies that Mr. Fisher understands                 the last 5 years. His endocrinologist
                                                  insulin, and is able to drive a CMV                     diabetes management and monitoring,                   certifies that Mr. Fulcher understands
                                                  safely. Mr. Despain meets the                           has stable control of his diabetes using              diabetes management and monitoring,
                                                  requirements of the vision standard at                  insulin, and is able to drive a CMV                   has stable control of his diabetes using
                                                  49 CFR 391.41(b)(10). His optometrist                   safely. Mr. Fisher meets the                          insulin, and is able to drive a CMV
                                                  examined him in 2016 and certified that                 requirements of the vision standard at                safely. Mr. Fulcher meets the
                                                  he does not have diabetic retinopathy.                  49 CFR 391.41(b)(10). His optometrist                 requirements of the vision standard at
                                                  He holds a Class A CDL from Missouri.                   examined him in 2016 and certified that               49 CFR 391.41(b)(10). His
                                                                                                          he does not have diabetic retinopathy.                ophthalmologist examined him in 2017
                                                  Mitchell F. Durkan
                                                                                                          He holds a Class A CDL from Oregon.                   and certified that he does not have
                                                    Mr. Durkan, 49, has had ITDM since                                                                          diabetic retinopathy. He holds a Class B
                                                  2014. His endocrinologist examined him                  Jacob L. Flatt
                                                                                                                                                                CDL from Massachusetts.
                                                  in 2016 and certified that he has had no                  Mr. Flatt, 25, has had ITDM since
                                                  severe hypoglycemic reactions resulting                 2011. His endocrinologist examined him                Michael F. Fulton
                                                  in loss of consciousness, requiring the                 in 2017 and certified that he has had no                Mr. Fulton, 66, has had ITDM since
                                                  assistance of another person, or                        severe hypoglycemic reactions resulting               2016. His endocrinologist examined him
                                                  resulting in impaired cognitive function                in loss of consciousness, requiring the               in 2017 and certified that he has had no
                                                  that occurred without warning in the                    assistance of another person, or                      severe hypoglycemic reactions resulting
                                                  past 12 months and no recurrent (2 or                   resulting in impaired cognitive function              in loss of consciousness, requiring the
                                                  more) severe hypoglycemic episodes in                   that occurred without warning in the                  assistance of another person, or
                                                  the last 5 years. His endocrinologist                   past 12 months and no recurrent (2 or                 resulting in impaired cognitive function
                                                  certifies that Mr. Durkan understands                   more) severe hypoglycemic episodes in                 that occurred without warning in the
                                                  diabetes management and monitoring,                     the last 5 years. His endocrinologist                 past 12 months and no recurrent (2 or
                                                  has stable control of his diabetes using                certifies that Mr. Flatt understands                  more) severe hypoglycemic episodes in
                                                  insulin, and is able to drive a CMV                     diabetes management and monitoring,                   the last 5 years. His endocrinologist
                                                  safely. Mr. Durkan meets the                            has stable control of his diabetes using              certifies that Mr. Fulton understands
                                                  requirements of the vision standard at                  insulin, and is able to drive a CMV                   diabetes management and monitoring,
                                                  49 CFR 391.41(b)(10). His optometrist                   safely. Mr. Flatt meets the requirements              has stable control of his diabetes using
                                                  examined him in 2017 and certified that                 of the vision standard at 49 CFR                      insulin, and is able to drive a CMV
                                                  he does not have diabetic retinopathy.                  391.41(b)(10). His optometrist examined               safely. Mr. Fulton meets the
                                                  He holds an operator’s license from                     him in 2017 and certified that he does                requirements of the vision standard at
                                                  Colorado.                                               not have diabetic retinopathy. He holds               49 CFR 391.41(b)(10). His
                                                                                                          a Class A CDL from Oklahoma.                          ophthalmologist examined him in 2017
                                                  Ray A. Espinoza
                                                                                                                                                                and certified that he does not have
                                                    Mr. Espinoza, 49, has had ITDM since                  Terry Fleharty
                                                                                                                                                                diabetic retinopathy. He holds an
                                                  2012. His endocrinologist examined him                    Mr. Fleharty, 71, has had ITDM since                operator’s license from Arizona.
                                                  in 2017 and certified that he has had no                2007. His endocrinologist examined him
                                                  severe hypoglycemic reactions resulting                 in 2017 and certified that he has had no              Ivan R. Grove
                                                  in loss of consciousness, requiring the                 severe hypoglycemic reactions resulting                 Mr. Grove, 58, has had ITDM since
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                                                  assistance of another person, or                        in loss of consciousness, requiring the               2000. His endocrinologist examined him
                                                  resulting in impaired cognitive function                assistance of another person, or                      in 2017 and certified that he has had no
                                                  that occurred without warning in the                    resulting in impaired cognitive function              severe hypoglycemic reactions resulting
                                                  past 12 months and no recurrent (2 or                   that occurred without warning in the                  in loss of consciousness, requiring the
                                                  more) severe hypoglycemic episodes in                   past 12 months and no recurrent (2 or                 assistance of another person, or
                                                  the last 5 years. His endocrinologist                   more) severe hypoglycemic episodes in                 resulting in impaired cognitive function
                                                  certifies that Mr. Espinoza understands                 the last 5 years. His endocrinologist                 that occurred without warning in the


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                                                                               Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices                                          17731

                                                  past 12 months and no recurrent (2 or                   in loss of consciousness, requiring the               severe hypoglycemic reactions resulting
                                                  more) severe hypoglycemic episodes in                   assistance of another person, or                      in loss of consciousness, requiring the
                                                  the last 5 years. His endocrinologist                   resulting in impaired cognitive function              assistance of another person, or
                                                  certifies that Mr. Grove understands                    that occurred without warning in the                  resulting in impaired cognitive function
                                                  diabetes management and monitoring,                     past 12 months and no recurrent (2 or                 that occurred without warning in the
                                                  has stable control of his diabetes using                more) severe hypoglycemic episodes in                 past 12 months and no recurrent (2 or
                                                  insulin, and is able to drive a CMV                     the last 5 years. His endocrinologist                 more) severe hypoglycemic episodes in
                                                  safely. Mr. Grove meets the                             certifies that Mr. LeColst understands                the last 5 years. His endocrinologist
                                                  requirements of the vision standard at                  diabetes management and monitoring,                   certifies that Mr. McCray understands
                                                  49 CFR 391.41(b)(10). His                               has stable control of his diabetes using              diabetes management and monitoring,
                                                  ophthalmologist examined him in 2017                    insulin, and is able to drive a CMV                   has stable control of his diabetes using
                                                  and certified that he has stable                        safely. Mr. LeColst meets the                         insulin, and is able to drive a CMV
                                                  nonproliferative diabetic retinopathy.                  requirements of the vision standard at                safely. Mr. McCray meets the
                                                  He holds an operator’s license from                     49 CFR 391.41(b)(10). His optometrist                 requirements of the vision standard at
                                                  Pennsylvania.                                           examined him in 2016 and certified that               49 CFR 391.41(b)(10). His
                                                                                                          he does not have diabetic retinopathy.                ophthalmologist examined him in 2017
                                                  Nathanial M.I. Hicks
                                                                                                          He holds a Class A CDL from                           and certified that he has stable
                                                    Mr. Hicks, 35, has had ITDM since                     Massachusetts.                                        nonproliferative diabetic retinopathy.
                                                  2016. His endocrinologist examined him                                                                        He holds an operator’s license from
                                                  in 2017 and certified that he has had no                John G. Liebl
                                                                                                                                                                North Carolina.
                                                  severe hypoglycemic reactions resulting                   Mr. Liebl, 55, has had ITDM since
                                                  in loss of consciousness, requiring the                 2015. His endocrinologist examined him                Rodney G. Moore
                                                  assistance of another person, or                        in 2016 and certified that he has had no                Mr. Moore, 68, has had ITDM since
                                                  resulting in impaired cognitive function                severe hypoglycemic reactions resulting               2013. His endocrinologist examined him
                                                  that occurred without warning in the                    in loss of consciousness, requiring the               in 2016 and certified that he has had no
                                                  past 12 months and no recurrent (2 or                   assistance of another person, or                      severe hypoglycemic reactions resulting
                                                  more) severe hypoglycemic episodes in                   resulting in impaired cognitive function              in loss of consciousness, requiring the
                                                  the last 5 years. His endocrinologist                   that occurred without warning in the                  assistance of another person, or
                                                  certifies that Mr. Hicks understands                    past 12 months and no recurrent (2 or                 resulting in impaired cognitive function
                                                  diabetes management and monitoring,                     more) severe hypoglycemic episodes in                 that occurred without warning in the
                                                  has stable control of his diabetes using                the last 5 years. His endocrinologist                 past 12 months and no recurrent (2 or
                                                  insulin, and is able to drive a CMV                     certifies that Mr. Liebl understands                  more) severe hypoglycemic episodes in
                                                  safely. Mr. Hicks meets the                             diabetes management and monitoring,                   the last 5 years. His endocrinologist
                                                  requirements of the vision standard at                  has stable control of his diabetes using              certifies that Mr. Moore understands
                                                  49 CFR 391.41(b)(10). His                               insulin, and is able to drive a CMV                   diabetes management and monitoring,
                                                  ophthalmologist examined him in 2017                    safely. Mr. Liebl meets the requirements              has stable control of his diabetes using
                                                  and certified that he does not have                     of the vision standard at 49 CFR                      insulin, and is able to drive a CMV
                                                  diabetic retinopathy. He holds an                       391.41(b)(10). His optometrist examined               safely. Mr. Moore meets the
                                                  operator’s license from Oregon.                         him in 2016 and certified that he does                requirements of the vision standard at
                                                                                                          not have diabetic retinopathy. He holds               49 CFR 391.41(b)(10). His optometrist
                                                  Daniel J. Lacroix                                                                                             examined him in 2016 and certified that
                                                                                                          a Class A CDL from Minnesota.
                                                    Mr. Lacroix, 42, has had ITDM since                                                                         he does not have diabetic retinopathy.
                                                  2012. His endocrinologist examined him                  William E. McClain                                    He holds a Class A CDL from
                                                  in 2017 and certified that he has had no                  Mr. McClain, 58, has had ITDM since                 Washington.
                                                  severe hypoglycemic reactions resulting                 2016. His endocrinologist examined him
                                                                                                                                                                Brian M. Morel
                                                  in loss of consciousness, requiring the                 in 2017 and certified that he has had no
                                                  assistance of another person, or                        severe hypoglycemic reactions resulting                 Mr. Morel, 57, has had ITDM since
                                                  resulting in impaired cognitive function                in loss of consciousness, requiring the               1989. His endocrinologist examined him
                                                  that occurred without warning in the                    assistance of another person, or                      in 2016 and certified that he has had no
                                                  past 12 months and no recurrent (2 or                   resulting in impaired cognitive function              severe hypoglycemic reactions resulting
                                                  more) severe hypoglycemic episodes in                   that occurred without warning in the                  in loss of consciousness, requiring the
                                                  the last 5 years. His endocrinologist                   past 12 months and no recurrent (2 or                 assistance of another person, or
                                                  certifies that Mr. Lacroix understands                  more) severe hypoglycemic episodes in                 resulting in impaired cognitive function
                                                  diabetes management and monitoring,                     the last 5 years. His endocrinologist                 that occurred without warning in the
                                                  has stable control of his diabetes using                certifies that Mr. McClain understands                past 12 months and no recurrent (2 or
                                                  insulin, and is able to drive a CMV                     diabetes management and monitoring,                   more) severe hypoglycemic episodes in
                                                  safely. Mr. Lacroix meets the                           has stable control of his diabetes using              the last 5 years. His endocrinologist
                                                  requirements of the vision standard at                  insulin, and is able to drive a CMV                   certifies that Mr. Morel understands
                                                  49 CFR 391.41(b)(10). His                               safely. Mr. McClain meets the                         diabetes management and monitoring,
                                                  ophthalmologist examined him in 2017                    requirements of the vision standard at                has stable control of his diabetes using
                                                  and certified that he does not have                     49 CFR 391.41(b)(10). His optometrist                 insulin, and is able to drive a CMV
                                                  diabetic retinopathy. He holds a Class A                examined him in 2016 and certified that               safely. Mr. Morel meets the
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                                                  CDL from Massachusetts.                                 he does not have diabetic retinopathy.                requirements of the vision standard at
                                                                                                          He holds a Class A CDL from Illinois.                 49 CFR 391.41(b)(10). His
                                                  Kenneth S. LeColst                                                                                            ophthalmologist examined him in 2017
                                                    Mr. LeColst, 67, has had ITDM since                   Kevon T. McCray                                       and certified that he has stable
                                                  2014. His endocrinologist examined him                    Mr. McCray, 27, has had ITDM since                  nonproliferative diabetic retinopathy.
                                                  in 2016 and certified that he has had no                2000. His endocrinologist examined him                He holds a Class B CDL from New
                                                  severe hypoglycemic reactions resulting                 in 2016 and certified that he has had no              Jersey.


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                                                  17732                        Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices

                                                  Keith E. Newbauer                                       He holds an operator’s license from                   49 CFR 391.41(b)(10). His optometrist
                                                    Mr. Newbauer, 61, has had ITDM                        Wisconsin.                                            examined him in 2016 and certified that
                                                  since 1995. His endocrinologist                                                                               he does not have diabetic retinopathy.
                                                                                                          Philip J. Richard
                                                  examined him in 2016 and certified that                                                                       He holds a Class B CDL from
                                                                                                            Mr. Richard, 54, has had ITDM since                 Massachusetts.
                                                  he has had no severe hypoglycemic                       2016. His endocrinologist examined him
                                                  reactions resulting in loss of                          in 2017 and certified that he has had no              Kevin R. Sewell
                                                  consciousness, requiring the assistance                 severe hypoglycemic reactions resulting                 Mr. Sewell, 24, has had ITDM since
                                                  of another person, or resulting in                      in loss of consciousness, requiring the               2004. His endocrinologist examined him
                                                  impaired cognitive function that                        assistance of another person, or                      in 2017 and certified that he has had no
                                                  occurred without warning in the past 12                 resulting in impaired cognitive function              severe hypoglycemic reactions resulting
                                                  months and no recurrent (2 or more)                     that occurred without warning in the                  in loss of consciousness, requiring the
                                                  severe hypoglycemic episodes in the                     past 12 months and no recurrent (2 or                 assistance of another person, or
                                                  last 5 years. His endocrinologist certifies             more) severe hypoglycemic episodes in                 resulting in impaired cognitive function
                                                  that Mr. Newbauer understands diabetes                  the last 5 years. His endocrinologist                 that occurred without warning in the
                                                  management and monitoring, has stable                   certifies that Mr. Richard understands                past 12 months and no recurrent (2 or
                                                  control of his diabetes using insulin,                  diabetes management and monitoring,                   more) severe hypoglycemic episodes in
                                                  and is able to drive a CMV safely. Mr.                  has stable control of his diabetes using              the last 5 years. His endocrinologist
                                                  Newbauer meets the requirements of the                  insulin, and is able to drive a CMV                   certifies that Mr. Sewell understands
                                                  vision standard at 49 CFR 391.41(b)(10).                safely. Mr. Richard meets the                         diabetes management and monitoring,
                                                  His ophthalmologist examined him in                     requirements of the vision standard at                has stable control of his diabetes using
                                                  2017 and certified that he has stable                   49 CFR 391.41(b)(10). His                             insulin, and is able to drive a CMV
                                                  nonproliferative diabetic retinopathy.                  ophthalmologist examined him in 2016                  safely. Mr. Sewell meets the
                                                  He holds a Class A CDL from Indiana.                    and certified that he does not have                   requirements of the vision standard at
                                                  Herbert L. Redd                                         diabetic retinopathy. He holds a Class A              49 CFR 391.41(b)(10). His
                                                                                                          CDL from Pennsylvania.                                ophthalmologist examined him in 2017
                                                    Mr. Redd, 66, has had ITDM since                                                                            and certified that he does not have
                                                  2014. His endocrinologist examined him                  Lars A. Sandaker
                                                                                                                                                                diabetic retinopathy. He holds an
                                                  in 2016 and certified that he has had no                  Mr. Sandaker, 46, has had ITDM since                operator’s license from North Carolina.
                                                  severe hypoglycemic reactions resulting                 2008. His endocrinologist examined him
                                                  in loss of consciousness, requiring the                 in 2017 and certified that he has had no              Donald J. Smith
                                                  assistance of another person, or                        severe hypoglycemic reactions resulting                 Mr. Smith, 41, has had ITDM since
                                                  resulting in impaired cognitive function                in loss of consciousness, requiring the               1998. His endocrinologist examined him
                                                  that occurred without warning in the                    assistance of another person, or                      in 2016 and certified that he has had no
                                                  past 12 months and no recurrent (2 or                   resulting in impaired cognitive function              severe hypoglycemic reactions resulting
                                                  more) severe hypoglycemic episodes in                   that occurred without warning in the                  in loss of consciousness, requiring the
                                                  the last 5 years. His endocrinologist                   past 12 months and no recurrent (2 or                 assistance of another person, or
                                                  certifies that Mr. Redd understands                     more) severe hypoglycemic episodes in                 resulting in impaired cognitive function
                                                  diabetes management and monitoring,                     the last 5 years. His endocrinologist                 that occurred without warning in the
                                                  has stable control of his diabetes using                certifies that Mr. Sandaker understands               past 12 months and no recurrent (2 or
                                                  insulin, and is able to drive a CMV                     diabetes management and monitoring,                   more) severe hypoglycemic episodes in
                                                  safely. Mr. Redd meets the requirements                 has stable control of his diabetes using              the last 5 years. His endocrinologist
                                                  of the vision standard at 49 CFR                        insulin, and is able to drive a CMV                   certifies that Mr. Smith understands
                                                  391.41(b)(10). His optometrist examined                 safely. Mr. Sandaker meets the                        diabetes management and monitoring,
                                                  him in 2016 and certified that he does                  requirements of the vision standard at                has stable control of his diabetes using
                                                  not have diabetic retinopathy. He holds                 49 CFR 391.41(b)(10). His optometrist                 insulin, and is able to drive a CMV
                                                  an operator’s license from Indiana.                     examined him in 2016 and certified that               safely. Mr. Smith meets the
                                                  Quentin M. Rembert                                      he does not have diabetic retinopathy.                requirements of the vision standard at
                                                                                                          He holds an operator’s license from                   49 CFR 391.41(b)(10). His optometrist
                                                    Mr. Rembert, 28, has had ITDM since                   Minnesota.                                            examined him in 2016 and certified that
                                                  1998. His endocrinologist examined him                                                                        he does not have diabetic retinopathy.
                                                  in 2016 and certified that he has had no                John E. Sargent, Jr.
                                                                                                                                                                He holds an operator’s license from
                                                  severe hypoglycemic reactions resulting                   Mr. Sargent, 59, has had ITDM since                 Vermont.
                                                  in loss of consciousness, requiring the                 2016. His endocrinologist examined him
                                                  assistance of another person, or                        in 2016 and certified that he has had no              Larry D. Smith
                                                  resulting in impaired cognitive function                severe hypoglycemic reactions resulting                 Mr. Smith, 64, has had ITDM since
                                                  that occurred without warning in the                    in loss of consciousness, requiring the               2006. His endocrinologist examined him
                                                  past 12 months and no recurrent (2 or                   assistance of another person, or                      in 2017 and certified that he has had no
                                                  more) severe hypoglycemic episodes in                   resulting in impaired cognitive function              severe hypoglycemic reactions resulting
                                                  the last 5 years. His endocrinologist                   that occurred without warning in the                  in loss of consciousness, requiring the
                                                  certifies that Mr. Rembert understands                  past 12 months and no recurrent (2 or                 assistance of another person, or
                                                  diabetes management and monitoring,                     more) severe hypoglycemic episodes in                 resulting in impaired cognitive function
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                                                  has stable control of his diabetes using                the last 5 years. His endocrinologist                 that occurred without warning in the
                                                  insulin, and is able to drive a CMV                     certifies that Mr. Sargent understands                past 12 months and no recurrent (2 or
                                                  safely. Mr. Rembert meets the                           diabetes management and monitoring,                   more) severe hypoglycemic episodes in
                                                  requirements of the vision standard at                  has stable control of his diabetes using              the last 5 years. His endocrinologist
                                                  49 CFR 391.41(b)(10). His optometrist                   insulin, and is able to drive a CMV                   certifies that Mr. Smith understands
                                                  examined him in 2017 and certified that                 safely. Mr. Sargent meets the                         diabetes management and monitoring,
                                                  he does not have diabetic retinopathy.                  requirements of the vision standard at                has stable control of his diabetes using


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                                                                               Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices                                          17733

                                                  insulin, and is able to drive a CMV                     diabetes management and monitoring,                   the last 5 years. His endocrinologist
                                                  safely. Mr. Smith meets the                             has stable control of his diabetes using              certifies that Mr. Trombly understands
                                                  requirements of the vision standard at                  insulin, and is able to drive a CMV                   diabetes management and monitoring,
                                                  49 CFR 391.41(b)(10). His optometrist                   safely. Mr. Swanson meets the                         has stable control of his diabetes using
                                                  examined him in 2017 and certified that                 requirements of the vision standard at                insulin, and is able to drive a CMV
                                                  he does not have diabetic retinopathy.                  49 CFR 391.41(b)(10). His optometrist                 safely. Mr. Trombly meets the
                                                  He holds a Class A CDL from Tennessee.                  examined him in 2016 and certified that               requirements of the vision standard at
                                                                                                          he does not have diabetic retinopathy.                49 CFR 391.41(b)(10). His
                                                  Warren A. Smith
                                                                                                          He holds a Class A CDL from South                     ophthalmologist examined him in 2017
                                                    Mr. Smith, 58, has had ITDM since                     Dakota.                                               and certified that he does not have
                                                  2016. His endocrinologist examined him                                                                        diabetic retinopathy. He holds a Class A
                                                  in 2016 and certified that he has had no                Scot D. Thompson
                                                                                                                                                                CDL from Massachusetts.
                                                  severe hypoglycemic reactions resulting                   Mr. Thompson, 57, has had ITDM
                                                  in loss of consciousness, requiring the                 since 2012. His endocrinologist                       Steven L. Welker
                                                  assistance of another person, or                        examined him in 2017 and certified that                 Mr. Welker, 49, has had ITDM since
                                                  resulting in impaired cognitive function                he has had no severe hypoglycemic                     2016. His endocrinologist examined him
                                                  that occurred without warning in the                    reactions resulting in loss of                        in 2017 and certified that he has had no
                                                  past 12 months and no recurrent (2 or                   consciousness, requiring the assistance               severe hypoglycemic reactions resulting
                                                  more) severe hypoglycemic episodes in                   of another person, or resulting in                    in loss of consciousness, requiring the
                                                  the last 5 years. His endocrinologist                   impaired cognitive function that                      assistance of another person, or
                                                  certifies that Mr. Smith understands                    occurred without warning in the past 12               resulting in impaired cognitive function
                                                  diabetes management and monitoring,                     months and no recurrent (2 or more)                   that occurred without warning in the
                                                  has stable control of his diabetes using                severe hypoglycemic episodes in the                   past 12 months and no recurrent (2 or
                                                  insulin, and is able to drive a CMV                     last 5 years. His endocrinologist certifies           more) severe hypoglycemic episodes in
                                                  safely. Mr. Smith meets the                             that Mr. Thompson understands                         the last 5 years. His endocrinologist
                                                  requirements of the vision standard at                  diabetes management and monitoring,                   certifies that Mr. Welker understands
                                                  49 CFR 391.41(b)(10). His                               has stable control of his diabetes using              diabetes management and monitoring,
                                                  ophthalmologist examined him in 2016                    insulin, and is able to drive a CMV                   has stable control of his diabetes using
                                                  and certified that he does not have                     safely. Mr. Thompson meets the                        insulin, and is able to drive a CMV
                                                  diabetic retinopathy. He holds a Class A                requirements of the vision standard at                safely. Mr. Welker meets the
                                                  CDL from New Jersey.                                    49 CFR 391.41(b)(10). His optometrist                 requirements of the vision standard at
                                                                                                          examined him in 2017 and certified that               49 CFR 391.41(b)(10). His optometrist
                                                  Daniel J. Spauling
                                                                                                          he does not have diabetic retinopathy.                examined him in 2017 and certified that
                                                    Mr. Spauling, 58, has had ITDM since                  He holds a Class A CDL from New York.                 he does not have diabetic retinopathy.
                                                  2008. His endocrinologist examined him                                                                        He holds a Class A CDL from Iowa.
                                                  in 2017 and certified that he has had no                Wayne F. Todd
                                                  severe hypoglycemic reactions resulting                   Mr. Todd, 56, has had ITDM since                    Christopher U. Williams
                                                  in loss of consciousness, requiring the                 2016. His endocrinologist examined him                  Mr. Williams, 41, has had ITDM since
                                                  assistance of another person, or                        in 2016 and certified that he has had no              2008. His endocrinologist examined him
                                                  resulting in impaired cognitive function                severe hypoglycemic reactions resulting               in 2017 and certified that he has had no
                                                  that occurred without warning in the                    in loss of consciousness, requiring the               severe hypoglycemic reactions resulting
                                                  past 12 months and no recurrent (2 or                   assistance of another person, or                      in loss of consciousness, requiring the
                                                  more) severe hypoglycemic episodes in                   resulting in impaired cognitive function              assistance of another person, or
                                                  the last 5 years. His endocrinologist                   that occurred without warning in the                  resulting in impaired cognitive function
                                                  certifies that Mr. Spauling understands                 past 12 months and no recurrent (2 or                 that occurred without warning in the
                                                  diabetes management and monitoring,                     more) severe hypoglycemic episodes in                 past 12 months and no recurrent (2 or
                                                  has stable control of his diabetes using                the last 5 years. His endocrinologist                 more) severe hypoglycemic episodes in
                                                  insulin, and is able to drive a CMV                     certifies that Mr. Todd understands                   the last 5 years. His endocrinologist
                                                  safely. Mr. Spauling meets the                          diabetes management and monitoring,                   certifies that Mr. Williams understands
                                                  requirements of the vision standard at                  has stable control of his diabetes using              diabetes management and monitoring,
                                                  49 CFR 391.41(b)(10). His optometrist                   insulin, and is able to drive a CMV                   has stable control of his diabetes using
                                                  examined him in 2016 and certified that                 safely. Mr. Todd meets the requirements               insulin, and is able to drive a CMV
                                                  he does not have diabetic retinopathy.                  of the vision standard at 49 CFR                      safely. Mr. Williams meets the
                                                  He holds an operator’s license from                     391.41(b)(10). His optometrist examined               requirements of the vision standard at
                                                  Idaho.                                                  him in 2016 and certified that he does                49 CFR 391.41(b)(10). His
                                                                                                          not have diabetic retinopathy. He holds               ophthalmologist examined him in 2016
                                                  Russell D. Swanson
                                                                                                          a Class A CDL from Nebraska.                          and certified that he does not have
                                                    Mr. Swanson, 63, has had ITDM since                                                                         diabetic retinopathy. He holds an
                                                  2016. His endocrinologist examined him                  Harold W. Trombly, III
                                                                                                                                                                operator’s license from Louisiana.
                                                  in 2016 and certified that he has had no                  Mr. Trombly, 40, has had ITDM since
                                                  severe hypoglycemic reactions resulting                 1991. His endocrinologist examined him                Craig L. Woodard
                                                  in loss of consciousness, requiring the                 in 2017 and certified that he has had no                Mr. Woodard, 53, has had ITDM since
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                                                  assistance of another person, or                        severe hypoglycemic reactions resulting               2016. His endocrinologist examined him
                                                  resulting in impaired cognitive function                in loss of consciousness, requiring the               in 2017 and certified that he has had no
                                                  that occurred without warning in the                    assistance of another person, or                      severe hypoglycemic reactions resulting
                                                  past 12 months and no recurrent (2 or                   resulting in impaired cognitive function              in loss of consciousness, requiring the
                                                  more) severe hypoglycemic episodes in                   that occurred without warning in the                  assistance of another person, or
                                                  the last 5 years. His endocrinologist                   past 12 months and no recurrent (2 or                 resulting in impaired cognitive function
                                                  certifies that Mr. Swanson understands                  more) severe hypoglycemic episodes in                 that occurred without warning in the


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                                                  17734                         Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices

                                                  past 12 months and no recurrent (2 or                      The FMCSA concluded that all of the                DEPARTMENT OF TRANSPORTATION
                                                  more) severe hypoglycemic episodes in                    operating, monitoring and medical
                                                  the last 5 years. His endocrinologist                    requirements set out in the September 3,             Federal Motor Carrier Safety
                                                  certifies that Mr. Woodard understands                   2003 notice, except as modified, were in             Administration
                                                  diabetes management and monitoring,                      compliance with section 4129(d).                     [Docket No. FMCSA–2014–0352]
                                                  has stable control of his diabetes using                 Therefore, all of the requirements set
                                                  insulin, and is able to drive a CMV                      out in the September 3, 2003 notice,                 Commercial Driver’s License
                                                  safely. Mr. Woodard meets the                            except as modified by the notice in the              Standards: Recreation Vehicle Industry
                                                  requirements of the vision standard at                   Federal Register on November 8, 2005                 Association Application for Exemption
                                                  49 CFR 391.41(b)(10). His                                (70 FR 67777), remain in effect.
                                                  ophthalmologist examined him in 2016                                                                          AGENCY:  Federal Motor Carrier Safety
                                                  and certified that he does not have                      IV. Submitting Comments                              Administration (FMCSA), DOT.
                                                  diabetic retinopathy. He holds a Class A                                                                      ACTION: Notice of renewal of exemption;
                                                  CDL from Ohio.                                              You may submit your comments and                  request for comments.
                                                                                                           material online or by fax, mail, or hand
                                                  III. Request for Comments                                delivery, but please use only one of                 SUMMARY:   FMCSA announces its
                                                                                                                                                                decision to renew a 2015 exemption
                                                     In accordance with 49 U.S.C. 31136(e)                 these means. FMCSA recommends that
                                                                                                                                                                from the Federal commercial driver’s
                                                  and 31315, FMCSA requests public                         you include your name and a mailing
                                                                                                                                                                license (CDL) requirements for drivers
                                                  comment from all interested persons on                   address, an email address, or a phone                who deliver certain newly
                                                  the exemption petitions described in                     number in the body of your document                  manufactured motorhomes and
                                                  this notice. We will consider all                        so that FMCSA can contact you if there               recreational vehicles (RVs) to dealers or
                                                  comments received before the close of                    are questions regarding your                         trade shows before retail sale
                                                  business on the closing date indicated                   submission.                                          (driveaway operations). The Recreation
                                                  in the date section of the notice.                          To submit your comment online, go to              Vehicle Industry Association (RVIA)
                                                     FMCSA notes that section 4129 of the                                                                       requested that the exemption be
                                                                                                           http://www.regulations.gov and in the
                                                  Safe, Accountable, Flexible and                                                                               renewed because compliance with the
                                                                                                           search box insert the docket number
                                                  Efficient Transportation Equity Act: A                                                                        CDL requirements prevents its members
                                                  Legacy for Users requires the Secretary                  FMCSA–2017–0032 and click the search
                                                                                                           button. When the new screen appears,                 from implementing more efficient
                                                  to revise its diabetes exemption program                                                                      operations due to a shortage of CDL
                                                  established on September 3, 2003 (68 FR                  click on the blue ‘‘Comment Now!’’
                                                                                                           button on the right hand side of the                 drivers. The exemption renewal is for
                                                  52441).1 The revision must provide for                                                                        five years and covers employees of all
                                                  individual assessment of drivers with                    page. On the new page, enter
                                                                                                                                                                U.S. driveaway companies, RV
                                                  diabetes mellitus, and be consistent                     information required including the
                                                                                                                                                                manufacturers, and RV dealers
                                                  with the criteria described in section                   specific section of this document to
                                                                                                                                                                transporting RVs between
                                                  4018 of the Transportation Equity Act                    which each comment applies, and
                                                                                                                                                                manufacturing sites and dealer locations
                                                  for the 21st Century (49 U.S.C. 31305).                  provide a reason for each suggestion or              and for movements prior to first retail
                                                     Section 4129 requires: (1) Elimination                recommendation. If you submit your                   sale. Drivers engaged in driveaway
                                                  of the requirement for 3 years of                        comments by mail or hand delivery,                   deliveries of RVs with gross vehicle
                                                  experience operating CMVs while being                    submit them in an unbound format, no                 weight ratings of 26,001 pounds or more
                                                  treated with insulin; and (2)                            larger than 81⁄2 by 11 inches, suitable for          will not be required to have a CDL as
                                                  establishment of a specified minimum                     copying and electronic filing. If you                long as the empty RVs have gross
                                                  period of insulin use to demonstrate                     submit comments by mail and would                    vehicle weights or gross combination
                                                  stable control of diabetes before being                  like to know that they reached the                   weights that do not meet or exceed
                                                  allowed to operate a CMV.                                facility, please enclose a stamped, self-            26,001 pounds, and any RV trailers
                                                     In response to section 4129, FMCSA                    addressed postcard or envelope.                      towed by other vehicles weigh 10,000
                                                  made immediate revisions to the                                                                               pounds or less. RV units that have a
                                                  diabetes exemption program established                      We will consider all comments and
                                                                                                           material received during the comment                 combined gross vehicle weight
                                                  by the September 3, 2003 notice.                                                                              exceeding 26,000 pounds are not
                                                  FMCSA discontinued use of the 3-year                     period. FMCSA may issue a final
                                                                                                           determination at any time after the close            covered by the exemption.
                                                  driving experience and fulfilled the                                                                          DATES: This renewed exemption is
                                                  requirements of section 4129 while                       of the comment period.
                                                                                                                                                                effective April 6, 2017 and expires on
                                                  continuing to ensure that operation of                   V. Viewing Comments and Documents                    April 6, 2022. Comments must be
                                                  CMVs by drivers with ITDM will                                                                                received on or before April 27, 2017.
                                                  achieve the requisite level of safety                      To view comments, as well as any
                                                                                                                                                                ADDRESSES: You may submit comments
                                                  required of all exemptions granted                       documents mentioned in this preamble,
                                                                                                                                                                bearing the Federal Docket Management
                                                  under 49 U.S.C.. 31136 (e).                              go to http://www.regulations.gov and in              System (FDMS) Docket ID FMCSA–
                                                     Section 4129(d) also directed FMCSA                   the search box insert the docket number              2014–0352 using any of the following
                                                  to ensure that drivers of CMVs with                      FMCSA–2017–0032 and click ‘‘Search.’’                methods:
                                                  ITDM are not held to a higher standard                   Next, click ‘‘Open Docket Folder’’ and                  • Federal eRulemaking Portal:
                                                  than other drivers, with the exception of                you will find all documents and                      www.regulations.gov. Follow the online
                                                  limited operating, monitoring and                        comments related to this notice.                     instructions for submitting comments.
mstockstill on DSK30JT082PROD with NOTICES




                                                  medical requirements that are deemed                                                                             • Mail: Docket Management Facility,
                                                  medically necessary.                                       Issued on: March 30, 2017.
                                                                                                                                                                U.S. Department of Transportation, 1200
                                                                                                           Larry W. Minor,
                                                                                                                                                                New Jersey Avenue SE., West Building,
                                                     1 Section 4129(a) refers to the 2003 notice as a      Associate Administrator for Policy.                  Ground Floor, Room W12–140,
                                                  ‘‘final rule.’’ However, the 2003 notice did not issue   [FR Doc. 2017–07314 Filed 4–11–17; 8:45 am]
                                                  a ‘‘final rule’’ but did establish the procedures and                                                         Washington, DC 20590–0001.
                                                  standards for issuing exemptions for drivers with        BILLING CODE 4910–EX–P                                  • Hand Delivery or Courier: West
                                                  ITDM.                                                                                                         Building, Ground Floor, Room W12–


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Document Created: 2017-04-12 00:23:32
Document Modified: 2017-04-12 00:23:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of applications for exemptions; request for comments.
DatesComments must be received on or before May 12, 2017.
ContactMs. 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 Citation82 FR 17728 

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