82 FR 26226 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 107 (June 6, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 107 (June 6, 2017)
| Page Range | 26226-26231 | |
| FR Document | 2017-11638 |
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)] [Notices] [Pages 26226-26231] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11638] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0037] Qualification of Drivers; Exemption Applications; Diabetes Mellitus AGENCY: Federal Motor Carrier Safety Administration (FMCSA). ACTION: Notice of applications for exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from 29 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce. DATES: Comments must be received on or before July 6, 2017. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA- [[Page 26227]] 2017-0037 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket numbers for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. The Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self- addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal Motor Carrier Safety Regulations for a 2-year period if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute also allows the Agency to renew exemptions at the end of the 2-year period. The 29 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 Tyler J. Bren Mr. Bren, 21, has had ITDM since 2005. 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. Bren understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Bren meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds an operator's license from North Dakota. Charlie H. Brown, Jr. Mr. Brown, 40, has had ITDM since 2015. 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. Brown understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Brown meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Georgia. Ajax A. Castro Mr. Castro, 54, has had ITDM since 2013. 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. Castro understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Castro 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 Florida. Robert J. Conklin Mr. Conklin, 68, 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. Conklin understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Conklin 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 Pennsylvania. Luke S. Davidson Mr. Davidson, 27, 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. Davidson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Davidson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist [[Page 26228]] examined him in 2017 and certified that he does not have diabetic retinopathy. He holds an operator's license from California. Joseph R. DePra Mr. DePra, 35, 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. DePra understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. DePra 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 Indiana. Joseph P. Finan Mr. Finan, 63, 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. Finan understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Finan 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 Rhode Island. Luis Garcia Mr. Garcia, 63, has had ITDM since 2015. 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. Garcia understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Garcia 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 Jersey. Eric E.T. Gheen Mr. Gheen, 23, 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. Gheen understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Gheen 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 Ohio. Aron A. Hanson Mr. Hanson, 39, 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. Hanson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hanson 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 Illinois. Tyler J. Hanson Mr. Hanson, 47, 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. Hanson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hanson 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 Idaho. Antonio K. Hoes Mr. Hoes, 41, 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. Hoes understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hoes 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 Maryland. Ronald O. Knighten Mr. Knighten, 67, 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. Knighten understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Knighten 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 B CDL from Washington. Stephen P. Koons Mr. Koons, 48, 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 [[Page 26229]] more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Koons understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Koons meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Pennsylvania. Angel Luna Mr. Luna, 51, has had ITDM since 2016. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Luna understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Luna 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 Pennsylvania. David Mills Mr. Mills, 73, has had ITDM since 2012. His endocrinologist examined him in 2016 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Mills understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Mills 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 New Hampshire. Kenneth J. Moe Mr. Moe, 53, 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. Moe understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Moe 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 B CDL from Minnesota. James L. Pearson Mr. Pearson, 58, has had ITDM since 2015. 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. Pearson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Pearson 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 New York. Walter R. Rentsch Mr. Rentsch, 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. Rentsch understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Rentsch 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 South Dakota. Richard D. Revere Mr. Revere, 55, has had ITDM since 1980. 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. Revere understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Revere 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 Pennsylvania. Redmond L. Riley Mr. Riley, 35, has had ITDM since 2010. 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. Riley understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Riley meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds an operator's license from North Carolina. James H. Roth, Jr. Mr. Roth, 58, has had ITDM since 2013. 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. Roth understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Roth 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 Pennsylvania. [[Page 26230]] Stephen R. Shaffer Mr. Shaffer, 61, 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. Shaffer understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Shaffer 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. Matthew J. Thornton Mr. Thornton, 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. Thornton understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Thornton meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Oregon. Michael H. Trayah Mr. Trayah, 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. Trayah understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Trayah meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Vermont. William Wagstaff, 3rd Mr. Wagstaff, 47, has had ITDM since 2013. 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. Wagstaff understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Wagstaff 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 B CDL from Maryland. Craig A. Wildenberg Mr. Wildenberg, 46, has had ITDM since 1997. 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. Wildenberg understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Wildenberg 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. Ronald E. Wulf Mr. Wulf, 66, 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. Wulf understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Wulf 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 Minnesota. Samuel K. Zeweldie Mr. Zeweldie, 41, 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. Zeweldie understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Zeweldie 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 Georgia. 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 [[Page 26231]] 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-2017-0037 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-2017-0037 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: May 26, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-11638 Filed 6-5-17; 8:45 am] BILLING CODE 4910-EX-P
![26226 Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices
Analysis of a Poisson Process,’’ Journal the past. As a condition of the John R. Harper (KS)
of American Statistical Association, exemption, therefore, FMCSA will George H. Keppol, Jr. (WA)
June 1971). A 1964 California Driver impose requirements on the 21 Curtis L. Lamb (KS)
Record Study prepared by the California individuals consistent with the Jeffery D. Lynch (TX)
Department of Motor Vehicles grandfathering provisions applied to Kenton D. McCullough (VA)
concluded that the best overall crash drivers who participated in the Charles W. Ohman (IA)
predictor for both concurrent and Agency’s vision waiver program. Gary A. Parece (MA)
nonconcurrent events is the number of Those requirements are found at 49 Everardo G. Plascencia (IL)
single convictions. This study used 3 CFR 391.64(b) and include the Eric D. Polhmann (MN)
consecutive years of data, comparing the following: (1) That each individual be Johnny W. Ray (KY)
experiences of drivers in the first 2 years physically examined every year (a) by Steven D. Scharber (MN)
with their experiences in the final year. an ophthalmologist or optometrist who Don Smith (TX)
Applying principles from these attests that the vision in the better eye Renaldo J. Stannard (DC)
studies to the past 3-year record of the continues to meet the requirement in 49 John T. Switzer (MS)
21 applicants, no drivers were involved CFR 391.41(b)(10) and (b) by a medical Steven A. Thompson (WA)
in crashes and no drivers were examiner who attests that the individual Edward A. Ziehlke (WI)
convicted of moving violations in a is otherwise physically qualified under In accordance with 49 U.S.C. 31136(e)
CMV. All the applicants achieved a 49 CFR 391.41; (2) that each individual and 31315, each exemption will be valid
record of safety while driving with their provide a copy of the ophthalmologist’s for 2 years unless revoked earlier by
vision impairment, demonstrating the or optometrist’s report to the medical FMCSA. The exemption will be revoked
likelihood that they have adapted their examiner at the time oaf the annual if: (1) The person fails to comply with
driving skills to accommodate their medical examination; and (3) that each the terms and conditions of the
condition. As the applicants’ ample individual provide a copy of the annual exemption; (2) the exemption has
driving histories with their vision medical certification to the employer for resulted in a lower level of safety than
deficiencies are good predictors of retention in the driver’s qualification was maintained before it was granted; or
future performance, FMCSA concludes file, or keep a copy in his/her driver’s (3) continuation of the exemption would
their ability to drive safely can be qualification file if he/she is self- not be consistent with the goals and
projected into the future. employed. The driver must have a copy objectives of 49 U.S.C. 31136 and 31315.
We believe that the applicants’ of the certification when driving, for If the exemption is still effective at the
intrastate driving experience and history presentation to a duly authorized end of the 2-year period, the person may
provide an adequate basis for predicting Federal, State, or local enforcement apply to FMCSA for a renewal under
their ability to drive safely in interstate official. procedures in effect at that time.
commerce. Intrastate driving, like Issued on: May 26, 2017.
interstate operations, involves V. Discussion of Comments
Larry W. Minor,
substantial driving on highways on the FMCSA received four comments in
interstate system and on other roads Associate Administrator for Policy.
this proceeding. Michael Millard, Mark
built to interstate standards. Moreover, Skubik, and Misty Pannu all stated that [FR Doc. 2017–11643 Filed 6–5–17; 8:45 am]
driving in congested urban areas they are against granting the BILLING CODE 4910–EX–P
exposes the driver to more pedestrian exemptions, citing safety concerns. As
and vehicular traffic than exists on stated previously in this notice, FMCSA
interstate highways. Faster reaction to evaluated each applicant based on their DEPARTMENT OF TRANSPORTATION
traffic and traffic signals is generally driving histories and medical reports Federal Motor Carrier Safety
required because distances between related to their vision deficiencies and
them are more compact. These Administration
have determined that granting the
conditions tax visual capacity and exemption is likely to achieve an [Docket No. FMCSA–2017–0037]
driver response just as intensely as equivalent or greater level of safety than
interstate driving conditions. The would be achieved without the Qualification of Drivers; Exemption
veteran drivers in this proceeding have exemption. Robert Bucholz stated he Applications; Diabetes Mellitus
operated CMVs safely under those would like to see the results of a study AGENCY: Federal Motor Carrier Safety
conditions for at least 3 years, most for aiming to determine if monocular Administration (FMCSA).
much longer. Their experience and drivers have higher accident rates, and ACTION: Notice of applications for
driving records lead us to believe that that this information should be
each applicant is capable of operating in exemptions; request for comments.
disclosed in the request for comments.
interstate commerce as safely as he/she An overview of the study that provides SUMMARY: FMCSA announces receipt of
has been performing in intrastate justification for granting the vision applications from 29 individuals for
commerce. Consequently, FMCSA finds exemptions is available in section IV of exemption from the prohibition against
that exempting these applicants from this document. persons with insulin-treated diabetes
the vision requirement in 49 CFR mellitus (ITDM) operating commercial
391.41(b)(10) is likely to achieve a level IV. Conclusion
motor vehicles (CMVs) in interstate
of safety equal to that existing without Based upon its evaluation of the 21 commerce. If granted, the exemptions
the exemption. For this reason, the exemption applications, FMCSA would enable these individuals with
Agency is granting the exemptions for exempts the following drivers from the
mstockstill on DSK30JT082PROD with NOTICES
ITDM to operate CMVs in interstate
the 2-year period allowed by 49 U.S.C. vision requirement in 49 CFR commerce.
31136(e) and 31315 to the 21 applicants 391.41(b)(10):
listed in the notice of April 12, 2017 (82 DATES: Comments must be received on
Andrew R. Cook (VT)
FR 17736). Kevin M. Finn (NY) or before July 6, 2017.
We recognize that the vision of an David R. Ford (OH) ADDRESSES: You may submit comments
applicant may change and affect his/her Douglas P. Fossum (SD) bearing the Federal Docket Management
ability to operate a CMV as safely as in Timothy M. Good (MI) System (FDMS) Docket No. FMCSA–
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![Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices 26231
requirements of section 4129 while you will find all documents and Docket: For access to the docket to
continuing to ensure that operation of comments related to this notice. read background documents or
CMVs by drivers with ITDM will Issued on: May 26, 2017. comments, go to http//
achieve the requisite level of safety Larry W. Minor,
www.regulations.gov and/or Room
required of all exemptions granted W12–140 on the ground level of the
Associate Administrator for Policy.
under 49 U.S.C. 31136 (e). West Building, 1200 New Jersey Avenue
Section 4129(d) also directed FMCSA [FR Doc. 2017–11638 Filed 6–5–17; 8:45 am]
SE., Washington, DC, between 9 a.m.
to ensure that drivers of CMVs with BILLING CODE 4910–EX–P and 5 p.m., e.t., Monday through Friday,
ITDM are not held to a higher standard except Federal holidays.
than other drivers, with the exception of Privacy Act: In accordance with 5
limited operating, monitoring and DEPARTMENT OF TRANSPORTATION U.S.C. 553(c), DOT solicits comments
medical requirements that are deemed from the public to better inform its
Federal Motor Carrier Safety
medically necessary. rulemaking process. DOT posts these
The FMCSA concluded that all of the Administration
comments, without edit, including any
operating, monitoring and medical [Docket No. FMCSA–1999–5578; FMCSA– personal information the commenter
requirements set out in the September 3, 1999–5748; FMCSA–2002–12844; FMCSA– provides, to http://www.regulations.gov,
2003 notice, except as modified, were in 2003–15268; FMCSA–2003–15892; FMCSA– as described in the system of records
compliance with section 4129(d). 2004–17984; FMCSA–2005–20560; FMCSA–
notice (DOT/ALL–14 FDMS), which can
Therefore, all of the requirements set 2005–21711; FMCSA–2006–26653; FMCSA–
2007–27515; FMCSA–2007–27897; FMCSA– be reviewed at http://www.dot.gov/
out in the September 3, 2003 notice, 2007–29019; FMCSA–2009–0121; FMCSA– privacy.
except as modified by the notice in the 2009–0154; FMCSA–2009–0206; FMCSA–
Federal Register on November 8, 2005 II. Background
2011–0057; FMCSA–2011–0124; FMCSA–
(70 FR 67777), remain in effect. 2011–0189; FMCSA–2013–0028; FMCSA– On October 21, 2015, FMCSA
2013–0029; FMCSA–2013–0030; FMCSA– published a notice announcing its
IV. Submitting Comments 2013–0165; FMCSA–2013–0166] decision to renew exemptions for 64
You may submit your comments and individuals from the vision requirement
material online or by fax, mail, or hand Qualification of Drivers; Exemption in 49 CFR 391.41(b)(10) to operate a
delivery, but please use only one of Applications; Vision CMV in interstate commerce and
these means. FMCSA recommends that requested comments from the public (80
AGENCY: Federal Motor Carrier Safety
you include your name and a mailing FR 63869). The public comment period
Administration (FMCSA), DOT.
address, an email address, or a phone ended on November 20, 2015, and no
ACTION: Notice of final disposition.
number in the body of your document comments were received.
so that FMCSA can contact you if there SUMMARY: FMCSA announces its As stated in the previous notice,
are questions regarding your decision to renew exemptions for 64 FMCSA has evaluated the eligibility of
submission. individuals from the vision requirement these applicants and determined that
To submit your comment online, go to in the Federal Motor Carrier Safety renewing these exemptions would
http://www.regulations.gov and in the Regulations (FMCSRs) for interstate achieve a level of safety equivalent to or
search box insert the docket number commercial motor vehicle (CMV) greater than the level that would be
FMCSA–2017–0037 and click the search drivers. The exemptions enable these achieved by complying with the current
button. When the new screen appears, individuals to continue to operate CMVs regulation 49 CFR 391.41(b)(10).
click on the blue ‘‘Comment Now!’’ in interstate commerce without meeting The physical qualification standard
button on the right hand side of the the vision requirement in one eye. for drivers regarding vision found in 49
page. On the new page, enter CFR 391.41(b)(10) states that a person is
DATES: Each group of renewed
information required including the physically qualified to driver a CMV if
exemptions was effective on the dates
specific section of this document to that person:
stated in the discussions below and will
which each comment applies, and Has distant visual acuity of at least 20/40
expire on the dates stated in the
provide a reason for each suggestion or (Snellen) in each eye without corrective
discussions below.
recommendation. If you submit your lenses or visual acuity separately corrected to
comments by mail or hand delivery, FOR FURTHER INFORMATION CONTACT: Ms. 20/40 (Snellen) or better with corrective
submit them in an unbound format, no Christine A. Hydock, Chief, Medical lenses, distant binocular acuity of a least 20/
larger than 81⁄2 by 11 inches, suitable for Programs Division, 202–366–4001, 40 (Snellen) in both eyes with or without
copying and electronic filing. If you fmcsamedical@dot.gov, FMCSA, corrective lenses, field of vision of at least
Department of Transportation, 1200 70° in the horizontal meridian in each eye,
submit comments by mail and would and the ability to recognize the colors of
like to know that they reached the New Jersey Avenue SE., Room W64–
traffic signals and devices showing red,
facility, please enclose a stamped, self- 224, Washington, DC 20590–0001. green, and amber.
addressed postcard or envelope. Office hours are from 8:30 a.m. to 5
We will consider all comments and p.m., e.t., Monday through Friday, III. Discussion of Comments
material received during the comment except Federal holidays. If you have FMCSA received no comments in this
period. FMCSA may issue a final questions regarding viewing or preceding.
determination at any time after the close submitting material to the docket,
contact Docket Services, telephone (202) VI. Conclusion
of the comment period.
366–9826. As of November 6, 2015, and in
mstockstill on DSK30JT082PROD with NOTICES
V. Viewing Comments and Documents accordance with 49 U.S.C. 31136(e) and
SUPPLEMENTARY INFORMATION:
To view comments, as well as any 31315, the following 31 individuals
documents mentioned in this preamble, I. Electronic Access have satisfied the conditions for
go to http://www.regulations.gov and in You may see all the comments online obtaining a renewed exemption from the
the search box insert the docket number through the Federal Document vision requirements (68 FR 37197; 68
FMCSA–2017–0037 and click ‘‘Search.’’ Management System (FDMS) at: http:// FR 48989; 70 FR 17504; 70 FR 30997;
Next, click ‘‘Open Docket Folder’’ and www.regulations.gov. 70 FR 42615; 70 FR 48797; 70 FR 61493;
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Document Created: 2017-06-06 06:20:58
Document Modified: 2017-06-06 06:20:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of applications for exemptions; request for comments. | |
| Dates | Comments must be received on or before July 6, 2017. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. | |
| FR Citation | 82 FR 26226 |
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