82_FR_40378 82 FR 40215 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

82 FR 40215 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 163 (August 24, 2017)

Page Range40215-40221
FR Document2017-17937

FMCSA announces receipt of applications from 43 individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) operating a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce.

Federal Register, Volume 82 Issue 163 (Thursday, August 24, 2017)
[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Notices]
[Pages 40215-40221]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17937]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0042]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

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

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

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SUMMARY: FMCSA announces receipt of applications from 43 individuals 
for an exemption from the prohibition in the Federal Motor Carrier 
Safety Regulations (FMCSRs) against persons with insulin-treated 
diabetes mellitus (ITDM) operating a commercial motor vehicle (CMV) in 
interstate commerce. If granted, the exemptions would enable these 
individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before September 25, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2017-0042 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online 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 number(s) 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 FDMS is available 24 hours each day e.t., 
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 online.
    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 http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://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 W64-224, 
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., 
Monday through Friday, except Federal holidays. If you have questions 
regarding viewing or submitting material to the docket, contact Docket 
Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the FMCSRs for a two-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 
two-year period.
    The 43 individuals listed in this notice have requested an 
exemption from the diabetes prohibition in 49 CFR 391.41(b)(3). 
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.
    The physical qualification standard for drivers regarding diabetes 
found in 49 CFR 391.41(b)(3) states that a person is physically 
qualified to drive a CMV if that person:
    Has no established medical history or clinical diagnosis of 
diabetes mellitus currently requiring insulin for control.
    The Agency established the current requirement for diabetes in 1970 
because several risk studies indicated that drivers with diabetes had a 
higher rate of crash involvement than the general population.
    FMCSA established its diabetes exemption program, based on the 
Agency's July 2000 study entitled ``A Report to Congress on the 
Feasibility of a Program to Qualify Individuals with Insulin-Treated 
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the 
Transportation Act for the 21st Century.'' The report concluded that a 
safe and practicable protocol to allow some drivers with ITDM to 
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal 
Register notice in conjunction with the November 8, 2005 (70 FR 67777), 
Federal Register notice provides the current protocol for allowing such 
drivers to operate CMVs in interstate commerce.
    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

[[Page 40216]]

52441). 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).
    Section 4129 requires: (1) Elimination of the requirement for three 
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 three 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.

II. Qualifications of Applicants

David G. Anderton

    Mr. Anderton, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Anderton understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Anderton 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 Alaska.

John N. Bailey, III

    Mr. Bailey, 63, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Bailey understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Bailey 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 
Florida.

Wells R. Betts

    Mr. Betts, 55, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Betts understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Betts 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 
Delaware.

Clyde R. Bigam, Jr.

    Mr. Bigam, 75, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Bigam understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Bigam 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.

Sten R. Brote

    Mr. Brote, 63, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Brote understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Brote 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 Massachusetts.

Michele D. Budrys

    Ms. Budrys, 62, has had ITDM since 2014. Her endocrinologist 
examined her in 2017 and certified that she has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (two or more) severe hypoglycemic episodes in the last five 
years. Her endocrinologist certifies that Ms. Budrys understands 
diabetes management and monitoring has stable control of her diabetes 
using insulin, and is able to drive a CMV safely. Ms. Budrys meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
optometrist examined her in 2017 and certified that she does not have 
diabetic retinopathy. She holds an operator's license from 
Massachusetts.

Keith P. Burk

    Mr. Burk, 55, 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 (two or 
more) severe hypoglycemic episodes in the last five years. His 
endocrinologist certifies that Mr. Burk understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Burk meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His optometrist examined

[[Page 40217]]

him in 2017 and certified that he does not have diabetic retinopathy. 
He holds an operator's license from Pennsylvania.

Robert E. Conner

    Mr. Conner, 69, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Conner understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Conner 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.

George L. Coombs, Jr.

    Mr. Coombs, 59, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Coombs understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Coombs 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 New 
Hampshire.

Isaiah B. Deal

    Mr. Deal, 28, 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 (two or 
more) severe hypoglycemic episodes in the last five years. His 
endocrinologist certifies that Mr. Deal understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Deal 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 North Dakota.

James M. Doiron

    Mr. Doiron, 51, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Doiron understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Doiron meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2017 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Florida.

Daniel T. Gazalie

    Mr. Gazalie, 60, 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 past 12 months and no 
recurrent (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Gazalie understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Gazalie 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.

Gary V. Grimm

    Mr. Grimm, 33, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Grimm understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Grimm 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.

Joe A. Gritten

    Mr. Gritten, 56, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Gritten understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Gritten 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 Indiana.

Bradley S. Hanson

    Mr. Hanson, 35, 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 (two or more) severe hypoglycemic episodes in the last five 
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 Minnesota.

Paul F. Herburger

    Mr. Herburger, 55, has had ITDM since 1992. 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

[[Page 40218]]

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

Robert H. Hopper

    Mr. Hopper, 71, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Hopper understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Hopper 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 Missouri.

Rhonda V. Howe

    Ms. Howe, 46, has had ITDM since 2013. Her endocrinologist examined 
her in 2017 and certified that she has had no severe hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 12 months and no recurrent (two or 
more) severe hypoglycemic episodes in the last five years. Her 
endocrinologist certifies that Ms. Howe understands diabetes management 
and monitoring has stable control of her diabetes using insulin, and is 
able to drive a CMV safely. Ms. Howe meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). Her optometrist examined her 
in 2017 and certified that she does not have diabetic retinopathy. She 
holds a Class B CDL from Pennsylvania.

Melvin L. Hutcheson

    Mr. Hutcheson, 64, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Hutcheson understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Hutcheson 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 Alabama.

Tyler W. Keel

    Mr. Keel, 30, 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 (two or 
more) severe hypoglycemic episodes in the last five years. His 
endocrinologist certifies that Mr. Keel understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Keel 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 Texas.

Wyatt E.S. Kitchens

    Mr. Kitchens, 27, has had ITDM since 1992. 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Kitchens understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Kitchens 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 Georgia.

Gerald A. Korkow

    Mr. Korkow, 71, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Korkow understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Korkow 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 South 
Dakota.

Richard B. Maurer

    Mr. Maurer, 69, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Maurer understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Maurer 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.

James M. McDonald

    Mr. McDonald, 37, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. McDonald understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. McDonald 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 Iowa.

[[Page 40219]]

Mutasim Y.S. Mohamed

    Mr. Mohamed, 24, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Mohamed understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Mohamed 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 Minnesota.

Paul S. Montell

    Mr. Montell, 42, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Montell understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Montell 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.

James R. Pemberton

    Mr. Pemberton, 57, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Pemberton understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Pemberton 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.

Charles E. Perdue, Jr.

    Mr. Perdue, 53, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Perdue understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Perdue 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 Ohio.

Christopher L. Recla

    Mr. Recla, 46, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Recla understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Recla 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 Wisconsin.

Jon C. Reeves

    Mr. Reeves, 47, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Reeves understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Reeves 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 Oregon.

Hermes L. Rios

    Mr. Rios, 49, 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 (two or 
more) severe hypoglycemic episodes in the last five years. His 
endocrinologist certifies that Mr. Rios understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Rios 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 Maryland.

Abimael Rodriguez

    Mr. Rodriguez, 63, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Rodriguez understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Rodriguez meets 
the requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2017 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from 
California.

Dustin A. Rudolfi

    Mr. Rudolfi, 32, has had ITDM since 1992. 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Rudolfi understands 
diabetes management and monitoring,

[[Page 40220]]

has stable control of his diabetes using insulin, and is able to drive 
a CMV safely. Mr. Rudolfi 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.

Jose A. Sanchez

    Mr. Sanchez, 47, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that
    Mr. Sanchez understands diabetes management and monitoring, has 
stable control of his diabetes using insulin, and is able to drive a 
CMV safely. Mr. Sanchez 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.

James A. Schmidt

    Mr. Schmidt, 56, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Schmidt understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Schmidt 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 Missouri.

Jacob T. Sigmon

    Mr. Sigmon, 29, has had ITDM since 1990. 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Sigmon understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Sigmon 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.

David C. Stouffer

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

Jacob T. Streifel

    Mr. Streifel, 21, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Streifel understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Streifel 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 Minnesota.

Jason M. Townsend

    Mr. Townsend, 37, has had ITDM since 1988. 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Townsend understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Townsend 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 Ohio.

Johann J. Trana

    Mr. Trana, 46, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Trana understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Trana 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 North Dakota.

Jacob C. Villa

    Mr. Villa, 34, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Villa understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Villa 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 
Oregon.

Raymond R. Wade

    Mr. Wade, 59, has had ITDM since 2003. His endocrinologist examined 
him

[[Page 40221]]

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 (two or more) 
severe hypoglycemic episodes in the last five years. His 
endocrinologist certifies that Mr. Wade understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Wade 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 Indiana.

Edwin M. Yereance

    Mr. Yereance, 59, 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 (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Yereance understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Yereance 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.

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's 
section of the notice.

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-2017-0042 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 materials 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-2017-0042 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: August 15, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-17937 Filed 8-23-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                           Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Notices                                            40215

                                                  For any comments submitted                           vehicle (CMV) in interstate commerce. If              Department of Transportation, 1200
                                               electronically containing business                      granted, the exemptions would enable                  New Jersey Avenue SE., Room W64–
                                               confidential information, the file name                 these individuals with ITDM to operate                224, Washington, DC 20590–0001.
                                               of the business confidential version                    CMVs in interstate commerce.                          Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                               should begin with the characters ‘‘BC’’.                DATES: Comments must be received on                   Monday through Friday, except Federal
                                               Any page containing business                            or before September 25, 2017.                         holidays. If you have questions
                                               confidential information must be clearly                ADDRESSES: You may submit comments                    regarding viewing or submitting
                                               marked ‘‘BUSINESS CONFIDENTIAL’’                        bearing the Federal Docket Management                 material to the docket, contact Docket
                                               on the top of that page and the                         System (FDMS) Docket No. FMCSA–                       Services, telephone (202) 366–9826.
                                               submission should clearly indicate, via                 2017–0042 using any of the following                  SUPPLEMENTARY INFORMATION:
                                               brackets, highlighting, or other means,                 methods:                                              I. Background
                                               the specific information that is business                  • Federal eRulemaking Portal: Go to
                                               confidential. If you request business                   http://www.regulations.gov. Follow the                   Under 49 U.S.C. 31136(e) and 31315,
                                               confidential treatment, you must certify                online instructions for submitting                    FMCSA may grant an exemption from
                                               that the information is business                        comments.                                             the FMCSRs for a two-year period if it
                                               confidential and would not customarily                     • Mail: Docket Management Facility;                finds ‘‘such exemption would likely
                                               be released to the public. Filers of                    U.S. Department of Transportation, 1200               achieve a level of safety that is
                                               submissions containing business                         New Jersey Avenue SE., West Building                  equivalent to or greater than the level
                                               confidential information also must                      Ground Floor, Room W12–140,                           that would be achieved absent such
                                               submit a public version of their                        Washington, DC 20590–0001.                            exemption.’’ The statute also allows the
                                               comments. The file name of the public                      • Hand Delivery: West Building                     Agency to renew exemptions at the end
                                               version should begin with the character                 Ground Floor, Room W12–140, 1200                      of the two-year period.
                                               ‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be                   New Jersey Avenue SE., Washington,                       The 43 individuals listed in this
                                               followed by the name of the person or                   DC, between 9 a.m. and 5 p.m., e.t.,                  notice have requested an exemption
                                               entity submitting the comments or                       Monday through Friday, except Federal                 from the diabetes prohibition in 49 CFR
                                               rebuttal comments. If these procedures                                                                        391.41(b)(3). Accordingly, the Agency
                                                                                                       holidays.
                                               are not sufficient to protect business                     • Fax: 1–202–493–2251.                             will evaluate the qualifications of each
                                               confidential information or otherwise                      Instructions: Each submission must                 applicant to determine whether granting
                                               protect business interests, please contact              include the Agency name and the                       the exemption will achieve the required
                                               Katherine Linton at 202–395–3150 to                     docket number(s) for this notice. Note                level of safety mandated by statute.
                                                                                                                                                                The physical qualification standard
                                               discuss whether alternative                             that all comments received will be
                                                                                                                                                             for drivers regarding diabetes found in
                                               arrangements are possible.                              posted without change to http://
                                                  We will post comments in the docket                                                                        49 CFR 391.41(b)(3) states that a person
                                                                                                       www.regulations.gov, including any
                                               for public inspection, except business                                                                        is physically qualified to drive a CMV
                                                                                                       personal information provided. Please
                                               confidential information. You can view                                                                        if that person:
                                                                                                       see the Privacy Act heading below for
                                                                                                                                                                Has no established medical history or
                                               comments on the https://                                further information.
                                                                                                                                                             clinical diagnosis of diabetes mellitus
                                               www.regulations.gov Web site by                            Docket: For access to the docket to
                                                                                                                                                             currently requiring insulin for control.
                                               entering docket number USTR–2017–                       read background documents or                             The Agency established the current
                                               0016 in the search field on the home                    comments, go to http://                               requirement for diabetes in 1970
                                               page.                                                   www.regulations.gov at any time or                    because several risk studies indicated
                                                                                                       Room W12–140 on the ground level of                   that drivers with diabetes had a higher
                                               William L. Busis,
                                                                                                       the West Building, 1200 New Jersey                    rate of crash involvement than the
                                               Chair, Section 301 Committee, Office of the             Avenue SE., Washington, DC, between 9
                                               United States Trade Representative.                                                                           general population.
                                                                                                       a.m. and 5 p.m., e.t., Monday through                    FMCSA established its diabetes
                                               [FR Doc. 2017–17931 Filed 8–23–17; 8:45 am]
                                                                                                       Friday, except Federal holidays. The                  exemption program, based on the
                                               BILLING CODE 3290–F7–P                                  FDMS is available 24 hours each day                   Agency’s July 2000 study entitled ‘‘A
                                                                                                       e.t., 365 days each year. If you want                 Report to Congress on the Feasibility of
                                                                                                       acknowledgment that we received your                  a Program to Qualify Individuals with
                                               DEPARTMENT OF TRANSPORTATION                            comments, please include a self-                      Insulin-Treated Diabetes Mellitus to
                                                                                                       addressed, stamped envelope or                        Operate in Interstate Commerce as
                                               Federal Motor Carrier Safety                            postcard or print the acknowledgement
                                               Administration                                                                                                Directed by the Transportation Act for
                                                                                                       page that appears after submitting                    the 21st Century.’’ The report concluded
                                               [Docket No. FMCSA–2017–0042]                            comments online.                                      that a safe and practicable protocol to
                                                                                                          Privacy Act: In accordance with 5                  allow some drivers with ITDM to
                                               Qualification of Drivers; Exemption                     U.S.C. 553(c), DOT solicits comments                  operate CMVs is feasible. The
                                               Applications; Diabetes Mellitus                         from the public to better inform its                  September 3, 2003 (68 FR 52441),
                                                                                                       rulemaking process. DOT posts these                   Federal Register notice in conjunction
                                               AGENCY: Federal Motor Carrier Safety
                                                                                                       comments, without edit, including any                 with the November 8, 2005 (70 FR
                                               Administration (FMCSA), DOT.
                                                                                                       personal information the commenter                    67777), Federal Register notice provides
                                               ACTION: Notice of applications for                      provides, to http://www.regulations.gov,
                                               exemption; request for comments.                                                                              the current protocol for allowing such
                                                                                                       as described in the system of records                 drivers to operate CMVs in interstate
rmajette on DSKBCKNHB2PROD with NOTICES




                                               SUMMARY:  FMCSA announces receipt of                    notice (DOT/ALL–14 FDMS), which can                   commerce.
                                               applications from 43 individuals for an                 be reviewed at http://www.dot.gov/                       FMCSA notes that section 4129 of the
                                               exemption from the prohibition in the                   privacy.                                              Safe, Accountable, Flexible and
                                               Federal Motor Carrier Safety                            FOR FURTHER INFORMATION CONTACT: Ms.                  Efficient Transportation Equity Act: A
                                               Regulations (FMCSRs) against persons                    Christine A. Hydock, Chief, Medical                   Legacy for Users requires the Secretary
                                               with insulin-treated diabetes mellitus                  Programs Division, (202) 366–4001,                    to revise its diabetes exemption program
                                               (ITDM) operating a commercial motor                     fmcsamedical@dot.gov, FMCSA,                          established on September 3, 2003 (68 FR


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                                               40216                       Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Notices

                                               52441). The revision must provide for                   John N. Bailey, III                                   he does not have diabetic retinopathy.
                                               individual assessment of drivers with                     Mr. Bailey, 63, has had ITDM since                  He holds a Class A CDL from Kansas.
                                               diabetes mellitus, and be consistent                    2009. His endocrinologist examined him                Sten R. Brote
                                               with the criteria described in section                  in 2017 and certified that he has had no
                                               4018 of the Transportation Equity Act                                                                           Mr. Brote, 63, has had ITDM since
                                                                                                       severe hypoglycemic reactions resulting               2013. His endocrinologist examined him
                                               for the 21st Century (49 U.S.C. 31305).                 in loss of consciousness, requiring the
                                                  Section 4129 requires: (1) Elimination                                                                     in 2017 and certified that he has had no
                                                                                                       assistance of another person, or                      severe hypoglycemic reactions resulting
                                               of the requirement for three years of                   resulting in impaired cognitive function
                                               experience operating CMVs while being                                                                         in loss of consciousness, requiring the
                                                                                                       that occurred without warning in the                  assistance of another person, or
                                               treated with insulin; and (2)                           past 12 months and no recurrent (two or
                                               establishment of a specified minimum                                                                          resulting in impaired cognitive function
                                                                                                       more) severe hypoglycemic episodes in                 that occurred without warning in the
                                               period of insulin use to demonstrate                    the last five years. His endocrinologist              past 12 months and no recurrent (two or
                                               stable control of diabetes before being                 certifies that Mr. Bailey understands                 more) severe hypoglycemic episodes in
                                               allowed to operate a CMV.                               diabetes management and monitoring,                   the last five years. His endocrinologist
                                                  In response to section 4129, FMCSA                   has stable control of his diabetes using              certifies that Mr. Brote understands
                                               made immediate revisions to the                         insulin, and is able to drive a CMV                   diabetes management and monitoring,
                                               diabetes exemption program established                  safely. Mr. Bailey meets the                          has stable control of his diabetes using
                                               by the September 3, 2003 notice.                        requirements of the vision standard at                insulin, and is able to drive a CMV
                                               FMCSA discontinued use of the three                     49 CFR 391.41(b)(10). His                             safely. Mr. Brote meets the requirements
                                               year driving experience and fulfilled the               ophthalmologist examined him in 2017                  of the vision standard at 49 CFR
                                               requirements of section 4129 while                      and certified that he has stable                      391.41(b)(10). His optometrist examined
                                               continuing to ensure that operation of                  nonproliferative diabetic retinopathy.                him in 2017 and certified that he does
                                               CMVs by drivers with ITDM will                          He holds a Class A CDL from Florida.                  not have diabetic retinopathy. He holds
                                               achieve the requisite level of safety                                                                         a Class A CDL from Massachusetts.
                                               required of all exemptions granted                      Wells R. Betts
                                               under 49 U.S.C. 31136 (e).                                Mr. Betts, 55, has had ITDM since                   Michele D. Budrys
                                                  Section 4129(d) also directed FMCSA                  2013. His endocrinologist examined him                  Ms. Budrys, 62, has had ITDM since
                                               to ensure that drivers of CMVs with                     in 2017 and certified that he has had no              2014. Her endocrinologist examined her
                                               ITDM are not held to a higher standard                  severe hypoglycemic reactions resulting               in 2017 and certified that she has had
                                               than other drivers, with the exception of               in loss of consciousness, requiring the               no severe hypoglycemic reactions
                                               limited operating, monitoring and                       assistance of another person, or                      resulting in loss of consciousness,
                                               medical requirements that are deemed                    resulting in impaired cognitive function              requiring the assistance of another
                                               medically necessary.                                    that occurred without warning in the                  person, or resulting in impaired
                                                  The FMCSA concluded that all of the                  past 12 months and no recurrent (two or               cognitive function that occurred without
                                               operating, monitoring and medical                       more) severe hypoglycemic episodes in                 warning in the past 12 months and no
                                               requirements set out in the September 3,                the last five years. His endocrinologist              recurrent (two or more) severe
                                               2003 notice, except as modified, were in                certifies that Mr. Betts understands                  hypoglycemic episodes in the last five
                                               compliance with section 4129(d).                        diabetes management and monitoring,                   years. Her endocrinologist certifies that
                                               Therefore, all of the requirements set                  has stable control of his diabetes using              Ms. Budrys understands diabetes
                                               out in the September 3, 2003 notice,                    insulin, and is able to drive a CMV                   management and monitoring has stable
                                               except as modified by the notice in the                 safely. Mr. Betts meets the requirements              control of her diabetes using insulin,
                                               Federal Register on November 8, 2005                    of the vision standard at 49 CFR                      and is able to drive a CMV safely. Ms.
                                               (70 FR 67777), remain in effect.                        391.41(b)(10). His ophthalmologist                    Budrys meets the requirements of the
                                                                                                       examined him in 2017 and certified that               vision standard at 49 CFR 391.41(b)(10).
                                               II. Qualifications of Applicants                        he has stable nonproliferative diabetic               Her optometrist examined her in 2017
                                               David G. Anderton                                       retinopathy. He holds a Class A CDL                   and certified that she does not have
                                                                                                       from Delaware.                                        diabetic retinopathy. She holds an
                                                 Mr. Anderton, 58, has had ITDM since                                                                        operator’s license from Massachusetts.
                                               2015. His endocrinologist examined him                  Clyde R. Bigam, Jr.
                                               in 2017 and certified that he has had no                  Mr. Bigam, 75, has had ITDM since                   Keith P. Burk
                                               severe hypoglycemic reactions resulting                 2016. His endocrinologist examined him                  Mr. Burk, 55, has had ITDM since
                                               in loss of consciousness, requiring the                 in 2017 and certified that he has had no              2012. 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 (two 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 five years. His endocrinologist                past 12 months and no recurrent (two or               that occurred without warning in the
                                               certifies that Mr. Anderton understands                 more) severe hypoglycemic episodes in                 past 12 months and no recurrent (two or
                                               diabetes management and monitoring,                     the last five years. His endocrinologist              more) severe hypoglycemic episodes in
                                               has stable control of his diabetes using                certifies that Mr. Bigam understands                  the last five years. His endocrinologist
rmajette on DSKBCKNHB2PROD with NOTICES




                                               insulin, and is able to drive a CMV                     diabetes management and monitoring,                   certifies that Mr. Burk understands
                                               safely. Mr. Anderton 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. Bigam meets the                           insulin, and is able to drive a CMV
                                               examined him in 2017 and certified that                 requirements of the vision standard at                safely. Mr. Burk meets the requirements
                                               he does not have diabetic retinopathy.                  49 CFR 391.41(b)(10). His optometrist                 of the vision standard at 49 CFR
                                               He holds a Class B CDL from Alaska.                     examined him in 2017 and certified that               391.41(b)(10). His optometrist examined


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                                                                           Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Notices                                          40217

                                               him in 2017 and certified that he does                  safely. Mr. Deal meets the requirements               has stable control of his diabetes using
                                               not have diabetic retinopathy. He holds                 of the vision standard at 49 CFR                      insulin, and is able to drive a CMV
                                               an operator’s license from Pennsylvania.                391.41(b)(10). His optometrist examined               safely. Mr. Grimm meets the
                                                                                                       him in 2017 and certified that he does                requirements of the vision standard at
                                               Robert E. Conner
                                                                                                       not have diabetic retinopathy. He holds               49 CFR 391.41(b)(10). His
                                                 Mr. Conner, 69, has had ITDM since                    a Class A CDL from North Dakota.                      ophthalmologist examined him in 2017
                                               2016. His endocrinologist examined him                                                                        and certified that he has stable
                                               in 2017 and certified that he has had no                James M. Doiron
                                                                                                                                                             nonproliferative diabetic retinopathy.
                                               severe hypoglycemic reactions resulting                   Mr. Doiron, 51, has had ITDM since                  He holds an operator’s license from
                                               in loss of consciousness, requiring the                 2015. His endocrinologist examined him                California.
                                               assistance of another person, or                        in 2017 and certified that he has had no
                                               resulting in impaired cognitive function                severe hypoglycemic reactions resulting               Joe A. Gritten
                                               that occurred without warning in the                    in loss of consciousness, requiring the                 Mr. Gritten, 56, has had ITDM since
                                               past 12 months and no recurrent (two or                 assistance of another person, or                      2015. His endocrinologist examined him
                                               more) severe hypoglycemic episodes in                   resulting in impaired cognitive function              in 2017 and certified that he has had no
                                               the last five years. His endocrinologist                that occurred without warning in the                  severe hypoglycemic reactions resulting
                                               certifies that Mr. Conner understands                   past 12 months and no recurrent (two or               in loss of consciousness, requiring the
                                               diabetes management and monitoring,                     more) severe hypoglycemic episodes in                 assistance of another person, or
                                               has stable control of his diabetes using                the last five years. His endocrinologist              resulting in impaired cognitive function
                                               insulin, and is able to drive a CMV                     certifies that Mr. Doiron understands                 that occurred without warning in the
                                               safely. Mr. Conner meets the                            diabetes management and monitoring,                   past 12 months and no recurrent (two or
                                               requirements of the vision standard at                  has stable control of his diabetes using              more) severe hypoglycemic episodes in
                                               49 CFR 391.41(b)(10). His optometrist                   insulin, and is able to drive a CMV                   the last five years. His endocrinologist
                                               examined him in 2017 and certified that                 safely. Mr. Doiron meets the                          certifies that Mr. Gritten understands
                                               he does not have diabetic retinopathy.                  requirements of the vision standard at                diabetes management and monitoring,
                                               He holds an operator’s license from                     49 CFR 391.41(b)(10). His optometrist                 has stable control of his diabetes using
                                               Ohio.                                                   examined him in 2017 and certified that               insulin, and is able to drive a CMV
                                                                                                       he does not have diabetic retinopathy.                safely. Mr. Gritten meets the
                                               George L. Coombs, Jr.
                                                                                                       He holds an operator’s license from                   requirements of the vision standard at
                                                 Mr. Coombs, 59, has had ITDM since                    Florida.                                              49 CFR 391.41(b)(10). His optometrist
                                               2013. His endocrinologist examined him                                                                        examined him in 2017 and certified that
                                               in 2017 and certified that he has had no                Daniel T. Gazalie
                                                                                                                                                             he does not have diabetic retinopathy.
                                               severe hypoglycemic reactions resulting                   Mr. Gazalie, 60, has had ITDM since                 He holds an operator’s license from
                                               in loss of consciousness, requiring the                 2000. His endocrinologist examined him                Indiana.
                                               assistance of another person, or                        in 2017 and certified that he has had no
                                               resulting in impaired cognitive function                severe hypoglycemic reactions resulting               Bradley S. Hanson
                                               that occurred without warning in the                    in loss of consciousness, requiring the                 Mr. Hanson, 35, has had ITDM since
                                               past 12 months and no recurrent (two or                 assistance of another person, or                      2017. His endocrinologist examined him
                                               more) severe hypoglycemic episodes in                   resulting in impaired cognitive function              in 2017 and certified that he has had no
                                               the last five years. His endocrinologist                that occurred without warning in the                  severe hypoglycemic reactions resulting
                                               certifies that Mr. Coombs understands                   past 12 months and no recurrent (two or               in loss of consciousness, requiring the
                                               diabetes management and monitoring,                     more) severe hypoglycemic episodes in                 assistance of another person, or
                                               has stable control of his diabetes using                the last five years. His endocrinologist              resulting in impaired cognitive function
                                               insulin, and is able to drive a CMV                     certifies that Mr. Gazalie understands                that occurred without warning in the
                                               safely. Mr. Coombs meets the                            diabetes management and monitoring,                   past 12 months and no recurrent (two or
                                               requirements of the vision standard at                  has stable control of his diabetes using              more) severe hypoglycemic episodes in
                                               49 CFR 391.41(b)(10). His                               insulin, and is able to drive a CMV                   the last five years. His endocrinologist
                                               ophthalmologist examined him in 2017                    safely. Mr. Gazalie meets the                         certifies that Mr. Hanson understands
                                               and certified that he has stable                        requirements of the vision standard at                diabetes management and monitoring,
                                               nonproliferative diabetic retinopathy.                  49 CFR 391.41(b)(10). His                             has stable control of his diabetes using
                                               He holds a Class A CDL from New                         ophthalmologist examined him in 2017                  insulin, and is able to drive a CMV
                                               Hampshire.                                              and certified that he does not have                   safely. Mr. Hanson meets the
                                                                                                       diabetic retinopathy. He holds a Class A              requirements of the vision standard at
                                               Isaiah B. Deal
                                                                                                       CDL from Pennsylvania.                                49 CFR 391.41(b)(10). His optometrist
                                                 Mr. Deal, 28, has had ITDM since                                                                            examined him in 2017 and certified that
                                               2017. His endocrinologist examined him                  Gary V. Grimm
                                                                                                                                                             he does not have diabetic retinopathy.
                                               in 2017 and certified that he has had no                  Mr. Grimm, 33, has had ITDM since                   He holds a Class A CDL from
                                               severe hypoglycemic reactions resulting                 2004. His endocrinologist examined him                Minnesota.
                                               in loss of consciousness, requiring the                 in 2017 and certified that he has had no
                                               assistance of another person, or                        severe hypoglycemic reactions resulting               Paul F. Herburger
                                               resulting in impaired cognitive function                in loss of consciousness, requiring the                 Mr. Herburger, 55, has had ITDM
                                               that occurred without warning in the                    assistance of another person, or                      since 1992. His endocrinologist
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                                               past 12 months and no recurrent (two or                 resulting in impaired cognitive function              examined him in 2017 and certified that
                                               more) severe hypoglycemic episodes in                   that occurred without warning in the                  he has had no severe hypoglycemic
                                               the last five years. His endocrinologist                past 12 months and no recurrent (two or               reactions resulting in loss of
                                               certifies that Mr. Deal understands                     more) severe hypoglycemic episodes in                 consciousness, requiring the assistance
                                               diabetes management and monitoring,                     the last five years. His endocrinologist              of another person, or resulting in
                                               has stable control of his diabetes using                certifies that Mr. Grimm understands                  impaired cognitive function that
                                               insulin, and is able to drive a CMV                     diabetes management and monitoring,                   occurred without warning in the past 12


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                                               40218                       Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Notices

                                               months and no recurrent (two or more)                   impaired cognitive function that                      severe hypoglycemic reactions resulting
                                               severe hypoglycemic episodes in the                     occurred without warning in the past 12               in loss of consciousness, requiring the
                                               last five years. His endocrinologist                    months and no recurrent (two or more)                 assistance of another person, or
                                               certifies that Mr. Herburger understands                severe hypoglycemic episodes in the                   resulting in impaired cognitive function
                                               diabetes management and monitoring,                     last five years. His endocrinologist                  that occurred without warning in the
                                               has stable control of his diabetes using                certifies that Mr. Hutcheson                          past 12 months and no recurrent (two or
                                               insulin, and is able to drive a CMV                     understands diabetes management and                   more) severe hypoglycemic episodes in
                                               safely. Mr. Herburger meets the                         monitoring, has stable control of his                 the last five years. His endocrinologist
                                               requirements of the vision standard at                  diabetes using insulin, and is able to                certifies that Mr. Korkow understands
                                               49 CFR 391.41(b)(10). His optometrist                   drive a CMV safely. Mr. Hutcheson                     diabetes management and monitoring,
                                               examined him in 2017 and certified that                 meets the requirements of the vision                  has stable control of his diabetes using
                                               he does not have diabetic retinopathy.                  standard at 49 CFR 391.41(b)(10). His                 insulin, and is able to drive a CMV
                                               He holds a Class B CDL from Iowa.                       optometrist examined him in 2017 and                  safely. Mr. Korkow meets the
                                                                                                       certified that he does not have diabetic              requirements of the vision standard at
                                               Robert H. Hopper
                                                                                                       retinopathy. He holds a Class A CDL                   49 CFR 391.41(b)(10). His
                                                 Mr. Hopper, 71, has had ITDM since                    from Alabama.                                         ophthalmologist examined him in 2017
                                               2013. His endocrinologist examined him                                                                        and certified that he does not have
                                               in 2017 and certified that he has had no                Tyler W. Keel
                                                                                                                                                             diabetic retinopathy. He holds an
                                               severe hypoglycemic reactions resulting                   Mr. Keel, 30, has had ITDM since                    operator’s license from South Dakota.
                                               in loss of consciousness, requiring the                 2013. His endocrinologist examined him
                                               assistance of another person, or                        in 2017 and certified that he has had no              Richard B. Maurer
                                               resulting in impaired cognitive function                severe hypoglycemic reactions resulting
                                                                                                                                                               Mr. Maurer, 69, has had ITDM since
                                               that occurred without warning in the                    in loss of consciousness, requiring the
                                                                                                                                                             2012. His endocrinologist examined him
                                               past 12 months and no recurrent (two 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 five years. His endocrinologist                that occurred without warning in the
                                                                                                                                                             in loss of consciousness, requiring the
                                               certifies that Mr. Hopper understands                   past 12 months and no recurrent (two or
                                                                                                                                                             assistance of another person, or
                                               diabetes management and monitoring,                     more) severe hypoglycemic episodes in
                                                                                                                                                             resulting in impaired cognitive function
                                               has stable control of his diabetes using                the last five years. His endocrinologist
                                                                                                                                                             that occurred without warning in the
                                               insulin, and is able to drive a CMV                     certifies that Mr. Keel understands
                                                                                                                                                             past 12 months and no recurrent (two or
                                               safely. Mr. Hopper 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 five years. His endocrinologist
                                               49 CFR 391.41(b)(10). His optometrist                   insulin, and is able to drive a CMV
                                                                                                                                                             certifies that Mr. Maurer understands
                                               examined him in 2017 and certified that                 safely. Mr. Keel meets the requirements
                                                                                                                                                             diabetes management and monitoring,
                                               he does not have diabetic retinopathy.                  of the vision standard at 49 CFR
                                                                                                                                                             has stable control of his diabetes using
                                               He holds a Class A CDL from Missouri.                   391.41(b)(10). His ophthalmologist
                                                                                                                                                             insulin, and is able to drive a CMV
                                                                                                       examined him in 2017 and certified that
                                               Rhonda V. Howe                                                                                                safely. Mr. Maurer meets the
                                                                                                       he does not have diabetic retinopathy.
                                                 Ms. Howe, 46, has had ITDM since                                                                            requirements of the vision standard at
                                                                                                       He holds an operator’s license from
                                               2013. Her endocrinologist examined her                                                                        49 CFR 391.41(b)(10). His optometrist
                                                                                                       Texas.
                                               in 2017 and certified that she has had                                                                        examined him in 2017 and certified that
                                               no severe hypoglycemic reactions                        Wyatt E.S. Kitchens                                   he does not have diabetic retinopathy.
                                               resulting in loss of consciousness,                       Mr. Kitchens, 27, has had ITDM since                He holds an operator’s license from
                                               requiring the assistance of another                     1992. His endocrinologist examined him                Pennsylvania.
                                               person, or resulting in impaired                        in 2017 and certified that he has had no              James M. McDonald
                                               cognitive function that occurred without                severe hypoglycemic reactions resulting
                                               warning in the past 12 months and no                    in loss of consciousness, requiring the                 Mr. McDonald, 37, has had ITDM
                                               recurrent (two or more) severe                          assistance of another person, or                      since 2017. His endocrinologist
                                               hypoglycemic episodes in the last five                  resulting in impaired cognitive function              examined him in 2017 and certified that
                                               years. Her endocrinologist certifies that               that occurred without warning in the                  he has had no severe hypoglycemic
                                               Ms. Howe understands diabetes                           past 12 months and no recurrent (two or               reactions resulting in loss of
                                               management and monitoring has stable                    more) severe hypoglycemic episodes in                 consciousness, requiring the assistance
                                               control of her diabetes using insulin,                  the last five years. His endocrinologist              of another person, or resulting in
                                               and is able to drive a CMV safely. Ms.                  certifies that Mr. Kitchens understands               impaired cognitive function that
                                               Howe meets the requirements of the                      diabetes management and monitoring,                   occurred without warning in the past 12
                                               vision standard at 49 CFR 391.41(b)(10).                has stable control of his diabetes using              months and no recurrent (two or more)
                                               Her optometrist examined her in 2017                    insulin, and is able to drive a CMV                   severe hypoglycemic episodes in the
                                               and certified that she does not have                    safely. Mr. Kitchens meets the                        last five years. His endocrinologist
                                               diabetic retinopathy. She holds a Class                 requirements of the vision standard at                certifies that Mr. McDonald understands
                                               B CDL from Pennsylvania.                                49 CFR 391.41(b)(10). His                             diabetes management and monitoring,
                                                                                                       ophthalmologist examined him in 2017                  has stable control of his diabetes using
                                               Melvin L. Hutcheson                                                                                           insulin, and is able to drive a CMV
                                                                                                       and certified that he does not have
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                                                 Mr. Hutcheson, 64, has had ITDM                       diabetic retinopathy. He holds an                     safely. Mr. McDonald meets the
                                               since 2013. His endocrinologist                         operator’s license from Georgia.                      requirements of the vision standard at
                                               examined him in 2017 and certified that                                                                       49 CFR 391.41(b)(10). His
                                               he has had no severe hypoglycemic                       Gerald A. Korkow                                      ophthalmologist examined him in 2017
                                               reactions resulting in loss of                            Mr. Korkow, 71, has had ITDM since                  and certified that he does not have
                                               consciousness, requiring the assistance                 2014. His endocrinologist examined him                diabetic retinopathy. He holds a Class A
                                               of another person, or resulting in                      in 2017 and certified that he has had no              CDL from Iowa.


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                                                                           Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Notices                                          40219

                                               Mutasim Y.S. Mohamed                                    meets the requirements of the vision                  safely. Mr. Reeves meets the
                                                 Mr. Mohamed, 24, has had ITDM                         standard at 49 CFR 391.41(b)(10). His                 requirements of the vision standard at
                                               since 2016. His endocrinologist                         optometrist examined him in 2017 and                  49 CFR 391.41(b)(10). His optometrist
                                               examined him in 2017 and certified that                 certified that he does not have diabetic              examined him in 2017 and certified that
                                               he has had no severe hypoglycemic                       retinopathy. He holds a Class A CDL                   he does not have diabetic retinopathy.
                                                                                                       from New Jersey.                                      He holds a Class A CDL from Oregon.
                                               reactions resulting in loss of
                                               consciousness, requiring the assistance                 Charles E. Perdue, Jr.                                Hermes L. Rios
                                               of another person, or resulting in                        Mr. Perdue, 53, has had ITDM since                    Mr. Rios, 49, has had ITDM since
                                               impaired cognitive function that                        2017. His endocrinologist examined him                2017. His endocrinologist examined him
                                               occurred without warning in the past 12                 in 2017 and certified that he has had no              in 2017 and certified that he has had no
                                               months and no recurrent (two or more)                   severe hypoglycemic reactions resulting               severe hypoglycemic reactions resulting
                                               severe hypoglycemic episodes in the                     in loss of consciousness, requiring the               in loss of consciousness, requiring the
                                               last five years. His endocrinologist                    assistance of another person, or                      assistance of another person, or
                                               certifies that Mr. Mohamed understands                  resulting in impaired cognitive function              resulting in impaired cognitive function
                                               diabetes management and monitoring,                     that occurred without warning in the                  that occurred without warning in the
                                               has stable control of his diabetes using                past 12 months and no recurrent (two or               past 12 months and no recurrent (two or
                                               insulin, and is able to drive a CMV                     more) severe hypoglycemic episodes in                 more) severe hypoglycemic episodes in
                                               safely. Mr. Mohamed meets the                           the last five years. His endocrinologist              the last five years. His endocrinologist
                                               requirements of the vision standard at                  certifies that Mr. Perdue understands                 certifies that Mr. Rios understands
                                               49 CFR 391.41(b)(10). His optometrist                   diabetes management and monitoring,                   diabetes management and monitoring,
                                               examined him in 2017 and certified that                 has stable control of his diabetes using              has stable control of his diabetes using
                                               he does not have diabetic retinopathy.                  insulin, and is able to drive a CMV                   insulin, and is able to drive a CMV
                                               He holds an operator’s license from                     safely. Mr. Perdue meets the                          safely. Mr. Rios meets the requirements
                                               Minnesota.                                              requirements of the vision standard at                of the vision standard at 49 CFR
                                               Paul S. Montell                                         49 CFR 391.41(b)(10). His optometrist                 391.41(b)(10). His optometrist examined
                                                                                                       examined him in 2017 and certified that               him in 2017 and certified that he does
                                                 Mr. Montell, 42, has had ITDM since                   he does not have diabetic retinopathy.                not have diabetic retinopathy. He holds
                                               1988. His endocrinologist examined him                  He holds a Class A CDL from Ohio.                     a Class A CDL from Maryland.
                                               in 2017 and certified that he has had no
                                               severe hypoglycemic reactions resulting                 Christopher L. Recla                                  Abimael Rodriguez
                                               in loss of consciousness, requiring the                   Mr. Recla, 46, has had ITDM since                     Mr. Rodriguez, 63, has had ITDM
                                               assistance of another person, or                        2017. His endocrinologist examined him                since 2013. His endocrinologist
                                               resulting in impaired cognitive function                in 2017 and certified that he has had no              examined him in 2017 and certified that
                                               that occurred without warning in the                    severe hypoglycemic reactions resulting               he has had no severe hypoglycemic
                                               past 12 months and no recurrent (two or                 in loss of consciousness, requiring the               reactions resulting in loss of
                                               more) severe hypoglycemic episodes in                   assistance of another person, or                      consciousness, requiring the assistance
                                               the last five years. His endocrinologist                resulting in impaired cognitive function              of another person, or resulting in
                                               certifies that Mr. Montell understands                  that occurred without warning in the                  impaired cognitive function that
                                               diabetes management and monitoring,                     past 12 months and no recurrent (two or               occurred without warning in the past 12
                                               has stable control of his diabetes using                more) severe hypoglycemic episodes in                 months and no recurrent (two or more)
                                               insulin, and is able to drive a CMV                     the last five years. His endocrinologist              severe hypoglycemic episodes in the
                                               safely. Mr. Montell meets the                           certifies that Mr. Recla understands                  last five years. His endocrinologist
                                               requirements of the vision standard at                  diabetes management and monitoring,                   certifies that Mr. Rodriguez 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. Recla meets the requirements              insulin, and is able to drive a CMV
                                               nonproliferative diabetic retinopathy.                  of the vision standard at 49 CFR                      safely. Mr. Rodriguez meets the
                                               He holds an operator’s license from                     391.41(b)(10). His optometrist examined               requirements of the vision standard at
                                               Pennsylvania.                                           him in 2017 and certified that he does                49 CFR 391.41(b)(10). His
                                               James R. Pemberton                                      not have diabetic retinopathy. He holds               ophthalmologist examined him in 2017
                                                                                                       a Class A CDL from Wisconsin.                         and certified that he does not have
                                                 Mr. Pemberton, 57, has had ITDM                                                                             diabetic retinopathy. He holds an
                                               since 2015. His endocrinologist                         Jon C. Reeves
                                                                                                                                                             operator’s license from California.
                                               examined him in 2017 and certified that                   Mr. Reeves, 47, has had ITDM since
                                               he has had no severe hypoglycemic                       2017. His endocrinologist examined him                Dustin A. Rudolfi
                                               reactions resulting in loss of                          in 2017 and certified that he has had no                Mr. Rudolfi, 32, has had ITDM since
                                               consciousness, requiring the assistance                 severe hypoglycemic reactions resulting               1992. His endocrinologist examined him
                                               of another person, or resulting in                      in loss of consciousness, requiring the               in 2017 and certified that he has had no
                                               impaired cognitive function that                        assistance of another person, or                      severe hypoglycemic reactions resulting
                                               occurred without warning in the past 12                 resulting in impaired cognitive function              in loss of consciousness, requiring the
                                               months and no recurrent (two or more)                   that occurred without warning in the                  assistance of another person, or
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                                               severe hypoglycemic episodes in the                     past 12 months and no recurrent (two or               resulting in impaired cognitive function
                                               last five years. His endocrinologist                    more) severe hypoglycemic episodes in                 that occurred without warning in the
                                               certifies that Mr. Pemberton                            the last five years. His endocrinologist              past 12 months and no recurrent (two or
                                               understands diabetes management and                     certifies that Mr. Reeves understands                 more) severe hypoglycemic episodes in
                                               monitoring, has stable control of his                   diabetes management and monitoring,                   the last five years. His endocrinologist
                                               diabetes using insulin, and is able to                  has stable control of his diabetes using              certifies that Mr. Rudolfi understands
                                               drive a CMV safely. Mr. Pemberton                       insulin, and is able to drive a CMV                   diabetes management and monitoring,


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                                               40220                       Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Notices

                                               has stable control of his diabetes using                certifies that Mr. Sigmon understands                 impaired cognitive function that
                                               insulin, and is able to drive a CMV                     diabetes management and monitoring,                   occurred without warning in the past 12
                                               safely. Mr. Rudolfi meets the                           has stable control of his diabetes using              months and no recurrent (two or more)
                                               requirements of the vision standard at                  insulin, and is able to drive a CMV                   severe hypoglycemic episodes in the
                                               49 CFR 391.41(b)(10). His optometrist                   safely. Mr. Sigmon meets the                          last five years. His endocrinologist
                                               examined him in 2017 and certified that                 requirements of the vision standard at                certifies that Mr. Townsend understands
                                               he does not have diabetic retinopathy.                  49 CFR 391.41(b)(10). His optometrist                 diabetes management and monitoring,
                                               He holds an operator’s license from                     examined him in 2017 and certified that               has stable control of his diabetes using
                                               Pennsylvania.                                           he does not have diabetic retinopathy.                insulin, and is able to drive a CMV
                                                                                                       He holds an operator’s license from                   safely. Mr. Townsend meets the
                                               Jose A. Sanchez
                                                                                                       Illinois.                                             requirements of the vision standard at
                                                 Mr. Sanchez, 47, has had ITDM since                                                                         49 CFR 391.41(b)(10). His
                                               2014. His endocrinologist examined him                  David C. Stouffer
                                                                                                                                                             ophthalmologist examined him in 2017
                                               in 2017 and certified that he has had no                  Mr. Stouffer, 63, has had ITDM since                and certified that he has stable
                                               severe hypoglycemic reactions resulting                 2014. His endocrinologist examined him                nonproliferative diabetic retinopathy.
                                               in loss of consciousness, requiring the                 in 2017 and certified that he has had no              He holds an operator’s license from
                                               assistance of another person, or                        severe hypoglycemic reactions resulting               Ohio.
                                               resulting in impaired cognitive function                in loss of consciousness, requiring the
                                               that occurred without warning in the                    assistance of another person, or                      Johann J. Trana
                                               past 12 months and no recurrent (two or                 resulting in impaired cognitive function                Mr. Trana, 46, has had ITDM since
                                               more) severe hypoglycemic episodes in                   that occurred without warning in the                  2017. His endocrinologist examined him
                                               the last five years. His endocrinologist                past 12 months and no recurrent (two or               in 2017 and certified that he has had no
                                               certifies that                                          more) severe hypoglycemic episodes in                 severe hypoglycemic reactions resulting
                                                 Mr. Sanchez understands diabetes                      the last five years. His endocrinologist              in loss of consciousness, requiring the
                                               management and monitoring, has stable                   certifies that Mr. Stouffer understands               assistance of another person, or
                                               control of his diabetes using insulin,                  diabetes management and monitoring,                   resulting in impaired cognitive function
                                               and is able to drive a CMV safely. Mr.                  has stable control of his diabetes using              that occurred without warning in the
                                               Sanchez meets the requirements of the                   insulin, and is able to drive a CMV                   past 12 months and no recurrent (two or
                                               vision standard at 49 CFR 391.41(b)(10).                safely. Mr. Stouffer meets the                        more) severe hypoglycemic episodes in
                                               His optometrist examined him in 2017                    requirements of the vision standard at                the last five years. His endocrinologist
                                               and certified that he does not have                     49 CFR 391.41(b)(10). His                             certifies that Mr. Trana understands
                                               diabetic retinopathy. He holds an                       ophthalmologist examined him in 2017                  diabetes management and monitoring,
                                               operator’s license from Colorado.                       and certified that he has stable                      has stable control of his diabetes using
                                                                                                       nonproliferative diabetic retinopathy.                insulin, and is able to drive a CMV
                                               James A. Schmidt
                                                                                                       He holds an operator’s license from                   safely. Mr. Trana meets the
                                                 Mr. Schmidt, 56, has had ITDM since                   Pennsylvania.                                         requirements of the vision standard at
                                               2016. His endocrinologist examined him                                                                        49 CFR 391.41(b)(10). His optometrist
                                               in 2017 and certified that he has had no                Jacob T. Streifel
                                                                                                                                                             examined him in 2017 and certified that
                                               severe hypoglycemic reactions resulting                   Mr. Streifel, 21, has had ITDM since                he does not have diabetic retinopathy.
                                               in loss of consciousness, requiring the                 2010. His endocrinologist examined him                He holds a Class A CDL from North
                                               assistance of another person, or                        in 2017 and certified that he has had no              Dakota.
                                               resulting in impaired cognitive function                severe hypoglycemic reactions resulting
                                               that occurred without warning in the                    in loss of consciousness, requiring the               Jacob C. Villa
                                               past 12 months and no recurrent (two or                 assistance of another person, or                         Mr. Villa, 34, has had ITDM since
                                               more) severe hypoglycemic episodes in                   resulting in impaired cognitive function              2017. His endocrinologist examined him
                                               the last five years. His endocrinologist                that occurred without warning in the                  in 2017 and certified that he has had no
                                               certifies that Mr. Schmidt understands                  past 12 months and no recurrent (two or               severe hypoglycemic reactions resulting
                                               diabetes management and monitoring,                     more) severe hypoglycemic episodes in                 in loss of consciousness, requiring the
                                               has stable control of his diabetes using                the last five years. His endocrinologist              assistance of another person, or
                                               insulin, and is able to drive a CMV                     certifies that Mr. Streifel understands               resulting in impaired cognitive function
                                               safely. Mr. Schmidt meets the                           diabetes management and monitoring,                   that occurred without warning in the
                                               requirements of the vision standard at                  has stable control of his diabetes using              past 12 months and no recurrent (two or
                                               49 CFR 391.41(b)(10). His optometrist                   insulin, and is able to drive a CMV                   more) severe hypoglycemic episodes in
                                               examined him in 2017 and certified that                 safely. Mr. Streifel meets the                        the last five years. His endocrinologist
                                               he does not have diabetic retinopathy.                  requirements of the vision standard at                certifies that Mr. Villa understands
                                               He holds a Class A CDL from Missouri.                   49 CFR 391.41(b)(10). His optometrist                 diabetes management and monitoring,
                                                                                                       examined him in 2017 and certified that               has stable control of his diabetes using
                                               Jacob T. Sigmon
                                                                                                       he does not have diabetic retinopathy.                insulin, and is able to drive a CMV
                                                 Mr. Sigmon, 29, has had ITDM since                    He holds an operator’s license from                   safely. Mr. Villa meets the requirements
                                               1990. His endocrinologist examined him                  Minnesota.                                            of the vision standard at 49 CFR
                                               in 2017 and certified that he has had no                                                                      391.41(b)(10). His ophthalmologist
                                               severe hypoglycemic reactions resulting                 Jason M. Townsend
                                                                                                                                                             examined him in 2017 and certified that
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                                               in loss of consciousness, requiring the                   Mr. Townsend, 37, has had ITDM                      he has stable nonproliferative diabetic
                                               assistance of another person, or                        since 1988. His endocrinologist                       retinopathy. He holds a Class A CDL
                                               resulting in impaired cognitive function                examined him in 2016 and certified that               from Oregon.
                                               that occurred without warning in the                    he has had no severe hypoglycemic
                                               past 12 months and no recurrent (two or                 reactions resulting in loss of                        Raymond R. Wade
                                               more) severe hypoglycemic episodes in                   consciousness, requiring the assistance                 Mr. Wade, 59, has had ITDM since
                                               the last five years. His endocrinologist                of another person, or resulting in                    2003. His endocrinologist examined him


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                                                                           Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Notices                                            40221

                                               in 2017 and certified that he has had no                FMCSA–2017–0042 and click the search                  ADDRESSES:   You may submit comments
                                               severe hypoglycemic reactions resulting                 button. When the new screen appears,                  bearing the Federal Docket Management
                                               in loss of consciousness, requiring the                 click on the blue ‘‘Comment Now!’’                    System (FDMS) Docket No. FMCSA–
                                               assistance of another person, or                        button on the right hand side of the                  2017–0042 using any of the following
                                               resulting in impaired cognitive function                page. On the new page, enter                          methods:
                                               that occurred without warning in the                    information required including the                       • Federal eRulemaking Portal: Go to
                                               past 12 months and no recurrent (two or                 specific section of this document to                  http://www.regulations.gov. Follow the
                                               more) severe hypoglycemic episodes in                   which each comment applies, and                       online instructions for submitting
                                               the last five years. His endocrinologist                provide a reason for each suggestion or               comments.
                                               certifies that Mr. Wade understands                     recommendation. If you submit your                       • Mail: Docket Management Facility;
                                               diabetes management and monitoring,                     comments by mail or hand delivery,                    U.S. Department of Transportation, 1200
                                               has stable control of his diabetes using                submit them in an unbound format, no                  New Jersey Avenue SE., West Building
                                               insulin, and is able to drive a CMV                     larger than 81⁄2 by 11 inches, suitable for           Ground Floor, Room W12–140,
                                               safely. Mr. Wade meets the                              copying and electronic filing. If you                 Washington, DC 20590–0001.
                                               requirements of the vision standard at                  submit comments by mail and would                        • Hand Delivery: West Building
                                               49 CFR 391.41(b)(10). His                               like to know that they reached the                    Ground Floor, Room W12–140, 1200
                                               ophthalmologist examined him in 2017                    facility, please enclose a stamped, self-             New Jersey Avenue SE., Washington,
                                               and certified that he does not have                     addressed postcard or envelope.                       DC, between 9 a.m. and 5 p.m., e.t.,
                                               diabetic retinopathy. He holds an                          We will consider all comments and                  Monday through Friday, except Federal
                                               operator’s license from Indiana.                        materials received during the comment                 holidays.
                                                                                                       period. FMCSA may issue a final                          • Fax: 1–202–493–2251.
                                               Edwin M. Yereance
                                                                                                       determination at any time after the close                Instructions: Each submission must
                                                 Mr. Yereance, 59, has had ITDM since                  of the comment period.                                include the Agency name and the
                                               2016. His endocrinologist examined him                                                                        docket number(s) for this notice. Note
                                               in 2017 and certified that he has had no                V. Viewing Comments and Documents                     that all comments received will be
                                               severe hypoglycemic reactions resulting                   To view comments, as well as any                    posted without change to http://
                                               in loss of consciousness, requiring the                 documents mentioned in this preamble,                 www.regulations.gov, including any
                                               assistance of another person, or                        go to http://www.regulations.gov and in               personal information provided. Please
                                               resulting in impaired cognitive function                the search box insert the docket number               see the Privacy Act heading below for
                                               that occurred without warning in the                    FMCSA–2017–0042 and click ‘‘Search.’’                 further information.
                                               past 12 months and no recurrent (two or                 Next, click ‘‘Open Docket Folder’’ and                   Docket: For access to the docket to
                                               more) severe hypoglycemic episodes in                   you will find all documents and                       read background documents or
                                               the last five years. His endocrinologist                comments related to this notice.                      comments, go to http://
                                               certifies that Mr. Yereance understands                                                                       www.regulations.gov at any time or
                                               diabetes management and monitoring,                       Issued on: August 15, 2017.
                                                                                                                                                             Room W12–140 on the ground level of
                                               has stable control of his diabetes using                Larry W. Minor,
                                                                                                                                                             the West Building, 1200 New Jersey
                                               insulin, and is able to drive a CMV                     Associate Administrator for Policy.                   Avenue SE., Washington, DC, between 9
                                               safely. Mr. Yereance meets the                          [FR Doc. 2017–17937 Filed 8–23–17; 8:45 am]           a.m. and 5 p.m., e.t., Monday through
                                               requirements of the vision standard at                  BILLING CODE 4910–EX–P                                Friday, except Federal holidays. The
                                               49 CFR 391.41(b)(10). His optometrist                                                                         FDMS is available 24 hours each day
                                               examined him in 2017 and certified that                                                                       e.t., 365 days each year. If you want
                                               he does not have diabetic retinopathy.                  DEPARTMENT OF TRANSPORTATION                          acknowledgment that we received your
                                               He holds a Class A CDL from New                                                                               comments, please include a self-
                                               Jersey.                                                 Federal Motor Carrier Safety
                                                                                                                                                             addressed, stamped envelope or
                                                                                                       Administration
                                               III. Request for Comments                                                                                     postcard or print the acknowledgement
                                                                                                                                                             page that appears after submitting
                                                  In accordance with 49 U.S.C. 31136(e)                [Docket No. FMCSA–2017–0041]                          comments online.
                                               and 31315, FMCSA requests public                                                                                 Privacy Act: In accordance with 5
                                               comment from all interested persons on                  Qualification of Drivers; Exemption
                                                                                                                                                             U.S.C. 553(c), DOT solicits comments
                                               the exemption petitions described in                    Applications; Diabetes Mellitus
                                                                                                                                                             from the public to better inform its
                                               this notice. We will consider all                                                                             rulemaking process. DOT posts these
                                                                                                       AGENCY: Federal Motor Carrier Safety
                                               comments received before the close of                                                                         comments, without edit, including any
                                                                                                       Administration (FMCSA), DOT.
                                               business on the closing date indicated                                                                        personal information the commenter
                                               in the date’s section of the notice.                    ACTION: Notice of applications for
                                                                                                       exemption; request for comments.                      provides, to http://www.regulations.gov,
                                               IV. Submitting Comments                                                                                       as described in the system of records
                                                                                                       SUMMARY:   FMCSA announces receipt of                 notice (DOT/ALL–14 FDMS), which can
                                                 You may submit your comments and
                                                                                                       applications from 51 individuals for an               be reviewed at http://www.dot.gov/
                                               material online or by fax, mail, or hand
                                                                                                       exemption from the prohibition in the                 privacy.
                                               delivery, but please use only one of
                                               these means. FMCSA recommends that                      Federal Motor Carrier Safety                          FOR FURTHER INFORMATION CONTACT:     Ms.
                                               you include your name and a mailing                     Regulations (FMCSRs) against persons                  Christine A. Hydock, Chief, Medical
                                               address, an email address, or a phone                   with insulin-treated diabetes mellitus                Programs Division, (202) 366–4001,
rmajette on DSKBCKNHB2PROD with NOTICES




                                               number in the body of your document                     (ITDM) operating a commercial motor                   fmcsamedical@dot.gov, FMCSA,
                                               so that FMCSA can contact you if there                  vehicle (CMV) in interstate commerce. If              Department of Transportation, 1200
                                               are questions regarding your                            granted, the exemptions would enable                  New Jersey Avenue SE., Room W64–
                                               submission.                                             these individuals with ITDM to operate                224, Washington, DC 20590–0001.
                                                 To submit your comment online, go to                  CMVs in interstate commerce.                          Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                               http://www.regulations.gov and in the                   DATES: Comments must be received on                   Monday through Friday, except Federal
                                               search box insert the docket number                     or before September 25, 2017.                         holidays. If you have questions


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Document Created: 2018-10-24 12:38:38
Document Modified: 2018-10-24 12:38:38
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 exemption; request for comments.
DatesComments must be received on or before September 25, 2017.
ContactMs. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation82 FR 40215 

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