82 FR 43642 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 179 (September 18, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 179 (September 18, 2017)
| Page Range | 43642-43647 | |
| FR Document | 2017-19763 |
[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)] [Notices] [Pages 43642-43647] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19763] [[Page 43642]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0233] Qualification of Drivers; Exemption Applications; Diabetes Mellitus AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from 37 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 October 18, 2017. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2017-0233 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 37 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 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. [[Page 43643]] II. Qualifications of Applicants Jerry E. Blanchet Mr. Blanchet, 61, has had ITDM since 2001. 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. Blanchet understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Blanchet 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 Rhode Island. Eric J. Brunke Mr. Brunke, 43, has had ITDM since 1984. 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. Brunke understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Brunke 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 Wisconsin. Gregorio A. Climaco Mr. Climaco, 57, has had ITDM since 2011. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Climaco understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Climaco 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. Jeffrey S. Combs Mr. Combs, 59, 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. Combs understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Combs meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from Illinois. James W. Davis Mr. Davis, 72, 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. Davis understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Davis 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 Montana. Paul J. Dent Mr. Dent, 54, has had ITDM since 2010. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Dent understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Dent 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 Iowa. Todd S. Gardner Mr. Gardner, 38, has had ITDM since 1994. 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. Gardner understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Gardner 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 Florida. Nathan T. Gintner Mr. Gintner, 27, 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. Gintner understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Gintner meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds an operator's license from Wisconsin. Ronald K. Glick Mr. Glick, 53, 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 [[Page 43644]] certifies that Mr. Glick understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Glick 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 Illinois. Diosdado P. Godoy Mr. Godoy, 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. Godoy understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Godoy 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 Hawaii. David E. Gordon, Jr. Mr. Gordon, 49, has had ITDM since 2003. 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. Gordon understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Gordon 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 Massachusetts. Jimmie W. Grady Mr. Grady, 52, 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. Grady understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Grady 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 North Carolina. Matthew S. Helm Mr. Helm, 26, has had ITDM since 1996. 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. Helm understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Helm 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. Alan B. Jackson Mr. Jackson, 33, 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. Jackson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Jackson 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. Dennis L. James Mr. James, 67, 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. James understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. James meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Oregon. Tony C. Johnson Mr. Johnson, 62, has had ITDM since 2005. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Johnson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Johnson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds an operator's license from Arkansas. Russell E. Jones, Jr. Mr. Jones, 55, 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. Jones understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Jones 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 Florida. Derrick D. LaRue Mr. LaRue, 56, has had ITDM since 1997. His endocrinologist examined him [[Page 43645]] 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. LaRue understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. LaRue 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 proliferative diabetic retinopathy. He holds an operator's license from Rhode Island. Mark C. Lessman Mr. Lessman, 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. Lessman understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Lessman 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 Illinois. Ernest H.S. Louis Mr. Louis, 58, 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. Louis understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Louis 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 South Carolina. Allen J. McNall Mr. McNall, 43, has had ITDM since 1979. 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. McNall understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. McNall 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 New York. Ernest A. Mitchell Mr. Mitchell, 75, has had ITDM since 2011. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Mitchell understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Mitchell 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 Texas. Irvin A. Moos Mr. Moos, 73, 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. Moos understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Moos 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. Jose L. Pesina Mr. Pesina, 54, 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. Pesina understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Pesina 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 Iowa. Corey M. Salmon Mr. Salmon, 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. Salmon understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Salmon meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class B CDL from Virginia. Tony J. Shives Mr. Shives, 61, has had ITDM since 1995. 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. Shives understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Shives meets the [[Page 43646]] requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Florida. Joel M. Siegrist Mr. Siegrist, 31, has had ITDM since 2001. 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. Siegrist understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Siegrist 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. Andre B. Sims Mr. Sims, 60, 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. Sims understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Sims 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 North Carolina. Roger K. Skeens Mr. Skeens, 67, 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. Skeens understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Skeens meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Indiana. Shae A. Spilker Mr. Spilker, 45, 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. Spilker understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Spilker 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 Montana. Dennis B. Strait Mr. Strait, 67, 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. Strait understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Strait 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 New Jersey. C. Edward Tanner Mr. Tanner, 72, 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. Tanner understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Tanner meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from Pennsylvania. Mary Thomas Ms. Thomas, 60, has had ITDM since 2002. 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. Thomas understands diabetes management and monitoring has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Thomas 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 Delaware. Kyle R. Thompson Mr. Thompson, 24, 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. Thompson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Thompson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds an operator's license from California. Jeffery W. Vaughan Mr. Vaughan, 60, 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 [[Page 43647]] 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. Vaughan understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Vaughan 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. John F. White Mr. White, 53, 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. White understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. White meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from New York. Ronald E. Wolf Mr. Wolf, 73, has had ITDM since 1986. 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. Wolf understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Wolf meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from Illinois. 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-2017-0233 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-2017-0233 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: September 11, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-19763 Filed 9-15-17; 8:45 am] BILLING CODE 4910-EX-P
![43642 Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices
DEPARTMENT OF TRANSPORTATION acknowledgment that we received your Report to Congress on the Feasibility of
comments, please include a self- a Program to Qualify Individuals with
Federal Motor Carrier Safety addressed, stamped envelope or Insulin-Treated Diabetes Mellitus to
Administration postcard or print the acknowledgement Operate in Interstate Commerce as
page that appears after submitting Directed by the Transportation Act for
[Docket No. FMCSA–2017–0233]
comments online. the 21st Century.’’ The report concluded
Qualification of Drivers; Exemption Privacy Act: In accordance with 5 that a safe and practicable protocol to
Applications; Diabetes Mellitus U.S.C. 553(c), DOT solicits comments allow some drivers with ITDM to
from the public to better inform its
operate CMVs is feasible. The
AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these
September 3, 2003 (68 FR 52441),
Administration (FMCSA), DOT. comments, without edit, including any
personal information the commenter Federal Register notice in conjunction
ACTION: Notice of applications for
provides, to http://www.regulations.gov, with the November 8, 2005 (70 FR
exemption; request for comments. 67777), Federal Register notice provides
as described in the system of records
SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can the current protocol for allowing such
applications from 37 individuals for an be reviewed at http://www.dot.gov/ drivers to operate CMVs in interstate
exemption from the prohibition in the privacy. commerce.
Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: Ms. FMCSA notes that section 4129 of the
Regulations (FMCSRs) against persons Christine A. Hydock, Chief, Medical Safe, Accountable, Flexible and
with insulin-treated diabetes mellitus Programs Division, (202) 366–4001, Efficient Transportation Equity Act: A
(ITDM) operating a commercial motor fmcsamedical@dot.gov, FMCSA, Legacy for Users requires the Secretary
vehicle (CMV) in interstate commerce. If Department of Transportation, 1200 to revise its diabetes exemption program
granted, the exemptions would enable New Jersey Avenue SE., Room W64– established on September 3, 2003 (68 FR
these individuals with ITDM to operate 224, Washington, DC 20590–0001. 52441). The revision must provide for
CMVs in interstate commerce. Office hours are 8:30 a.m. to 5 p.m., e.t., individual assessment of drivers with
DATES: Comments must be received on Monday through Friday, except Federal diabetes mellitus, and be consistent
or before October 18, 2017. holidays. If you have questions with the criteria described in section
ADDRESSES: You may submit comments regarding viewing or submitting 4018 of the Transportation Equity Act
bearing the Federal Docket Management material to the docket, contact Docket for the 21st Century (49 U.S.C. 31305).
System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826. Section 4129 requires: (1) Elimination of
2017–0233 using any of the following SUPPLEMENTARY INFORMATION: the requirement for three years of
methods: experience operating CMVs while being
• Federal eRulemaking Portal: Go to I. Background
treated with insulin; and (2)
http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, establishment of a specified minimum
online instructions for submitting FMCSA may grant an exemption from period of insulin use to demonstrate
comments. the FMCSRs for a two year period if it stable control of diabetes before being
• Mail: Docket Management Facility; finds ‘‘such exemption would likely allowed to operate a CMV.
U.S. Department of Transportation, 1200 achieve a level of safety that is
New Jersey Avenue SE., West Building equivalent to or greater than the level In response to section 4129, FMCSA
Ground Floor, Room W12–140, that would be achieved absent such made immediate revisions to the
Washington, DC 20590–0001. exemption.’’ The statute also allows the diabetes exemption program established
• Hand Delivery: West Building Agency to renew exemptions at the end by the September 3, 2003 notice.
Ground Floor, Room W12–140, 1200 of the two year period. FMCSA discontinued use of the three
New Jersey Avenue SE., Washington, The 37 individuals listed in this year driving experience and fulfilled the
DC, between 9 a.m. and 5 p.m., e.t., notice have requested an exemption requirements of section 4129 while
Monday through Friday, except Federal from the diabetes prohibition in 49 CFR continuing to ensure that operation of
holidays. 391.41(b)(3). Accordingly, the Agency CMVs by drivers with ITDM will
• Fax: 1–202–493–2251. will evaluate the qualifications of each achieve the requisite level of safety
Instructions: Each submission must applicant to determine whether granting required of all exemptions granted
include the Agency name and the the exemption will achieve the required under 49 U.S.C. 31136(e).
docket number(s) for this notice. Note level of safety mandated by statute. Section 4129(d) also directed FMCSA
that all comments received will be The physical qualification standard
to ensure that drivers of CMVs with
posted without change to http:// for drivers regarding diabetes found in
49 CFR 391.41(b)(3) states that a person ITDM are not held to a higher standard
www.regulations.gov, including any than other drivers, with the exception of
personal information provided. Please is physically qualified to drive a CMV
if that person: limited operating, monitoring and
see the Privacy Act heading below for medical requirements that are deemed
further information. Has no established medical history or medically necessary.
Docket: For access to the docket to clinical diagnosis of diabetes mellitus
read background documents or currently requiring insulin for control. The FMCSA concluded that all of the
comments, go to http:// The Agency established the current operating, monitoring and medical
www.regulations.gov at any time or requirement for diabetes in 1970 requirements set out in the September 3,
sradovich on DSKBBY8HB2PROD with NOTICES
Room W12–140 on the ground level of because several risk studies indicated 2003, notice, except as modified, were
the West Building, 1200 New Jersey that drivers with diabetes had a higher in compliance with section 4129(d).
Avenue SE., Washington, DC, between 9 rate of crash involvement than the Therefore, all of the requirements set
a.m. and 5 p.m., e.t., Monday through general population. out in the September 3, 2003, notice,
Friday, except Federal holidays. The FMCSA established its diabetes except as modified by the notice in the
FDMS is available 24 hours each day exemption program, based on the Federal Register on November 8, 2005
e.t., 365 days each year. If you want Agency’s July 2000 study entitled ‘‘A (70 FR 67777), remain in effect.
VerDate Sep<11>2014 16:54 Sep 15, 2017 Jkt 241001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1](https://thefederalregister.org/doc/82_FR_43821/page/1.svg)
![Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices 43647
that occurred without warning in the comments received before the close of ACTION:Notice of applications for
past 12 months and no recurrent (two or business on the closing date indicated exemption; request for comments.
more) severe hypoglycemic episodes in in the date’s section of the notice.
the last five years. His endocrinologist SUMMARY: FMCSA announces receipt of
IV. Submitting Comments applications from 25 individuals for an
certifies that Mr. Vaughan understands
diabetes management and monitoring, You may submit your comments and exemption from the vision requirement
has stable control of his diabetes using material online or by fax, mail, or hand in the Federal Motor Carrier Safety
insulin, and is able to drive a CMV delivery, but please use only one of Regulations (FMCSRs) to operate a
safely. Mr. Vaughan meets the these means. FMCSA recommends that commercial motor vehicle (CMV) in
requirements of the vision standard at you include your name and a mailing interstate commerce. If granted, the
49 CFR 391.41(b)(10). His optometrist address, an email address, or a phone exemptions will enable these
examined him in 2017 and certified that number in the body of your document individuals to operate CMVs in
he does not have diabetic retinopathy. so that FMCSA can contact you if there interstate commerce without meeting
He holds a Class A CDL from are questions regarding your the vision requirement in one eye.
Minnesota. submission. DATES: Comments must be received on
To submit your comment online, go to or before October 18, 2017.
John F. White http://www.regulations.gov and in the ADDRESSES: You may submit comments
Mr. White, 53, has had ITDM since search box insert the docket number bearing the Federal Docket Management
2012. His endocrinologist examined him FMCSA–2017–0233 and click the search System (FDMS) Docket No. FMCSA–
in 2017 and certified that he has had no button. When the new screen appears, 2017–0023 using any of the following
severe hypoglycemic reactions resulting click on the blue ‘‘Comment Now!’’ methods:
in loss of consciousness, requiring the button on the right hand side of the • Federal eRulemaking Portal: Go to
assistance of another person, or page. On the new page, enter http://www.regulations.gov. Follow the
resulting in impaired cognitive function information required including the online instructions for submitting
that occurred without warning in the specific section of this document to comments.
past 12 months and no recurrent (two or which each comment applies, and • Mail: Docket Management Facility;
more) severe hypoglycemic episodes in provide a reason for each suggestion or U.S. Department of Transportation, 1200
the last five years. His endocrinologist recommendation. If you submit your New Jersey Avenue SE., West Building
certifies that Mr. White understands comments by mail or hand delivery, Ground Floor, Room W12–140,
diabetes management and monitoring, submit them in an unbound format, no Washington, DC 20590–0001.
has stable control of his diabetes using larger than 81⁄2 by 11 inches, suitable for • Hand Delivery: West Building
insulin, and is able to drive a CMV copying and electronic filing. If you Ground Floor, Room W12–140, 1200
safely. Mr. White meets the submit comments by mail and would New Jersey Avenue SE., Washington,
requirements of the vision standard at like to know that they reached the DC, between 9 a.m. and 5 p.m., e.t.,
49 CFR 391.41(b)(10). His optometrist facility, please enclose a stamped, self- Monday through Friday, except Federal
examined him in 2017 and certified that addressed postcard or envelope. Holidays.
he does not have diabetic retinopathy. We will consider all comments and • Fax: 1–202–493–2251.
He holds a Class A CDL from New York. materials received during the comment Instructions: Each submission must
period. FMCSA may issue a final include the Agency name and the
Ronald E. Wolf determination at any time after the close docket number(s) for this notice. Note
Mr. Wolf, 73, has had ITDM since of the comment period. that all comments received will be
1986. His endocrinologist examined him posted without change to http://
V. Viewing Comments and Documents www.regulations.gov, including any
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting To view comments, as well as any personal information provided. Please
in loss of consciousness, requiring the documents mentioned in this preamble, see the Privacy Act heading below for
assistance of another person, or go to http://www.regulations.gov and in further information.
resulting in impaired cognitive function the search box insert the docket number Docket: For access to the docket to
that occurred without warning in the FMCSA–2017–0233 and click ‘‘Search.’’ read background documents or
past 12 months and no recurrent (two or Next, click ‘‘Open Docket Folder’’ and comments, go to http://
more) severe hypoglycemic episodes in you will find all documents and www.regulations.gov at any time or
the last five years. His endocrinologist comments related to this notice. Room W12–140 on the ground level of
certifies that Mr. Wolf understands Issued on: September 11, 2017. the West Building, 1200 New Jersey
diabetes management and monitoring, Larry W. Minor, Avenue SE., Washington, DC, between 9
has stable control of his diabetes using Associate Administrator for Policy.
a.m. and 5 p.m., e.t., Monday through
insulin, and is able to drive a CMV Friday, except Federal holidays. The
[FR Doc. 2017–19763 Filed 9–15–17; 8:45 am]
safely. Mr. Wolf meets the requirements FDMS is available 24 hours each day,
BILLING CODE 4910–EX–P
of the vision standard at 49 CFR 365 days each year. If you want
391.41(b)(10). His ophthalmologist acknowledgment that we received your
examined him in 2017 and certified that DEPARTMENT OF TRANSPORTATION comments, please include a self-
he has stable nonproliferative diabetic addressed, stamped envelope or
retinopathy. He holds a Class A CDL Federal Motor Carrier Safety postcard or print the acknowledgement
page that appears after submitting
sradovich on DSKBBY8HB2PROD with NOTICES
from Illinois. Administration
comments online.
III. Request for Comments [Docket No. FMCSA–2017–0023] Privacy Act: In accordance with 5
In accordance with 49 U.S.C. 31136(e) U.S.C. 553(c), DOT solicits comments
Qualification of Drivers; Exemption
and 31315, FMCSA requests public from the public to better inform its
Applications; Vision
comment from all interested persons on rulemaking process. DOT posts these
the exemption petitions described in AGENCY:Federal Motor Carrier Safety comments, without edit, including any
this notice. We will consider all Administration (FMCSA), DOT. personal information the commenter
VerDate Sep<11>2014 16:54 Sep 15, 2017 Jkt 241001 PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1](https://thefederalregister.org/doc/82_FR_43821/page/6.svg)
Document Created: 2017-09-16 00:52:30
Document Modified: 2017-09-16 00:52:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of applications for exemption; request for comments. | |
| Dates | Comments must be received on or before October 18, 2017. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 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 Citation | 82 FR 43642 |
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