82 FR 43810 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 180 (September 19, 2017)

Page Range43810-43815
FR Document2017-19911

FMCSA announces receipt of applications from 31 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 180 (Tuesday, September 19, 2017)
[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Notices]
[Pages 43810-43815]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19911]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0043]


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 31 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 19, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2017-0043 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.

[[Page 43811]]


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 31 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.

II. Qualifications of Applicants

Valerian J. Ahles

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

Gabriel P. Aranda

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

Herbert M. Boggs, Sr.

    Mr. Boggs, 56, 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. Boggs understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Boggs 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 Virginia.

Samuel D. Chadwick

    Mr. Chadwick, 65, 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. Chadwick understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Chadwick 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.

Michael J. Coopey

    Mr. Coopey, 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

[[Page 43812]]

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

David A. Dworak

    Mr. Dworak, 57, 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. Dworak understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Dworak 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 Wisconsin.

Francis G. Gahr

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

Robert Giordano

    Mr. Giordano, 57, 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. Giordano understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Giordano 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 New Jersey.

John W.E. Haddad

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

Anthony W. Hartley

    Mr. Hartley, 33, 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. Hartley understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Hartley 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 Maine.

Shay S. Hobbs

    Mr. Hobbs, 22, 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. Hobbs understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Hobbs 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 Alabama.

Jack T. Jaworski

    Mr. Jaworski, 22, has had ITDM since 2006. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Jaworski understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Jaworski 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 New York.

Mark E. Jernstad

    Mr. Jernstad, 60, 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. Jernstad understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Jernstad 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.

[[Page 43813]]

Kenneth F. Julius

    Mr. Julius, 76, 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. Julius understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Julius 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.

Timothy D. Kinsey

    Mr. Kinsey, 39, 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. Kinsey understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Kinsey 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 
Carolina.

Fred A. Klein

    Mr. Klein, 60, 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. Klein understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Klein 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 Montana.

Kenneth C. Knighten

    Mr. Knighten, 66, 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. Knighten understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Knighten meets 
the requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2017 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from Oregon.

Thomas R. Ligman

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

Richard A. Miller

    Mr. Miller, 62, has had ITDM since 1987. 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. Miller understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Miller 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 
Pennsylvania.

Thomas J. Miller, Jr.

    Mr. Miller, 69, 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. Miller understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Miller 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 Carolina.

Danny L. Nelson

    Mr. Nelson, 44, 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. Nelson understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Nelson 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 
Massachusetts.

James D. Northum

    Mr. Northum, 61, 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. Northum understands 
diabetes management and monitoring,

[[Page 43814]]

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

Everett M. Ortiz

    Mr. Ortiz, 68, 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. Ortiz understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Ortiz meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2017 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from Oregon.

Rodney D. Rexford

    Mr. Rexford, 79, 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. Rexford understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Rexford 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 Hampshire.

Daniel L. Richardson, Sr.

    Mr. Richardson, 66, 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. Richardson understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Richardson 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 
Maryland.

Michael K. Richardson

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

Eliezer Rivera-Nieves

    Mr. Rivera-Nieves, 53, 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. Rivera-Nieves understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Rivera-Nieves 
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 
Connecticut.

Jacob D. Savage

    Mr. Savage, 34, 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. Savage understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Savage meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2017 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Tennessee.

Jamesha K. Thomas

    Ms. Thomas, 27, has had ITDM since 1998. 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 an operator's license from South 
Carolina.

Stephen M. Ward

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

Robert A. Young

    Mr. Young, 47, has had ITDM since 2017. His endocrinologist 
examined him

[[Page 43815]]

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

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-2017-0043 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-2017-0043 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: September 13, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-19911 Filed 9-18-17; 8:45 am]
 BILLING CODE 4910-EX-P


Current View
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 October 19, 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 43810 

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