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)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 180 (September 19, 2017)
| Page Range | 43810-43815 | |
| FR Document | 2017-19911 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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, fmcsamedical@dot.gov, 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
![43810 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Notices
I. Background Agency reviews the driving records 2017–0043 using any of the following
The MRB is composed of five medical from the State Driver’s Licensing methods:
experts who each serve two-year terms. Agencies (SDLAs). • Federal eRulemaking Portal: Go to
Section 4116 of SAFETEA–LU requires http://www.regulations.gov. Follow the
II. Meeting Participation
the Secretary of Transportation, with the online instructions for submitting
Oral comments from the public will comments.
advice of the MRB and the chief medical
examiner, to establish, review, and
be heard during the meeting, at the • Mail: Docket Management Facility;
discretion of the Chairman. Members of U.S. Department of Transportation, 1200
revise ‘‘medical standards for operators
the public may submit written New Jersey Avenue SE., West Building
of commercial motor vehicles that will
comments on the topics to be Ground Floor, Room W12–140,
ensure that the physical condition of
considered during the meeting by Washington, DC 20590–0001.
operators of commercial motor vehicles
is adequate to enable them to operate
Wednesday, September 20, to Federal • Hand Delivery: West Building
Docket Management System (FDMC) Ground Floor, Room W12–140, 1200
the vehicles safely.’’ The MRB operates
Docket Number FMCSA–2008–0362 for New Jersey Avenue SE., Washington,
in accordance with FACA under the
the MRB using any of the following DC, between 9 a.m. and 5 p.m., e.t.,
terms of its charter, filed November 25,
methods: Monday through Friday, except Federal
2015.
On January 15, 2013, FMCSA • Federal eRulemaking Portal: Go to Holidays.
announced in a Notice of Final http://www.regulations.gov. Follow the • Fax: 1–202–493–2251.
Disposition entitled, Qualification of online instructions for submitting Instructions: Each submission must
Drivers; Exemption Applications; comments. include the Agency name and the
• Fax: 202–493–2251. docket number(s) for this notice. Note
Epilepsy and Seizure Disorders, (78 FR
• Mail: Docket Management Facility; that all comments received will be
3069), its decision to grant requests from
U.S. Department of Transportation, 1200 posted without change to http://
22 individuals for exemptions from the
New Jersey Avenue SE., West Building, www.regulations.gov, including any
regulatory requirement that interstate
Room W12–140, Washington, DC 20590. personal information provided. Please
CMV drivers have ‘‘no established
• Hand Delivery: U.S. Department of see the Privacy Act heading below for
medical history or clinical diagnosis of
Transportation, 1200 New Jersey further information.
epilepsy or any other condition which
Avenue SE., Room W12–140, Docket: For access to the docket to
is likely to cause loss of consciousness
Washington, DC, between 9 a.m. and 5 read background documents or
or any loss of ability to control a CMV.’’
p.m., E.T. Monday through Friday, comments, go to http://
Since the January 15, 2013, notice, the
except Federal holidays. www.regulations.gov at any time or
Agency has published additional
Issued on: September 13, 2017. Room W12–140 on the ground level of
notices granting requests from
Larry W. Minor, the West Building, 1200 New Jersey
individuals for exemptions from the
Avenue SE., Washington, DC, between 9
regulatory requirement regarding Associate Administrator for Policy.
a.m. and 5 p.m., e.t., Monday through
epilepsy found in 49 CFR 391.41(b)(8). [FR Doc. 2017–19906 Filed 9–18–17; 8:45 am]
In reaching the decision to grant Friday, except Federal holidays. The
BILLING CODE 4910–EX–P
exemption requests, FMCSA considers FDMS is available 24 hours each day
the 2007 recommendations of the e.t., 365 days each year. If you want
Agency’s Medical Expert Panel (MEP). acknowledgment that we received your
DEPARTMENT OF TRANSPORTATION
The January 15, 2013, Federal Register comments, please include a self-
notice (78 FR 3069) provides the current Federal Motor Carrier Safety addressed, stamped envelope or
MEP recommendations, which is the Administration postcard or print the acknowledgement
criteria the Agency uses to grant seizure page that appears after submitting
[Docket No. FMCSA–2017–0043] comments online.
exemptions.
The Agency’s decision regarding Privacy Act: In accordance with 5
Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments
exemption applications is based on an Applications; Diabetes Mellitus
individualized assessment of each from the public to better inform its
applicant’s medical information, AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these
including the following: The root cause Administration (FMCSA), DOT. comments, without edit, including any
of the respective seizure(s) and medical ACTION: Notice of applications for personal information the commenter
information about the applicant’s exemption; request for comments. provides, to http://www.regulations.gov,
seizure history; the length of time that as described in the system of records
has elapsed since the individual’s last SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can
seizure; the stability of each individual’s applications from 31 individuals for an be reviewed at http://www.dot.gov/
treatment regimen; and the duration of exemption from the prohibition in the privacy.
time on or off anti-seizure medication. Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: Ms.
In addition, the Agency reviews the Regulations (FMCSRs) against persons Christine A. Hydock, Chief, Medical
treating clinician’s medical opinion with insulin-treated diabetes mellitus Programs Division, (202) 366–4001,
related to the ability of the driver to (ITDM) operating a commercial motor fmcsamedical@dot.gov, FMCSA,
vehicle (CMV) in interstate commerce. If
asabaliauskas on DSKBBXCHB2PROD with NOTICES
operate a CMV safely with a history of Department of Transportation, 1200
seizure and each applicant’s driving granted, the exemptions would enable New Jersey Avenue SE., Room W64–
record found in the Commercial Driver’s these individuals with ITDM to operate 224, Washington, DC 20590–0001.
License Information System (CDLIS) for CMVs in interstate commerce. Office hours are 8:30 a.m. to 5 p.m., e.t.,
commercial driver’s license (CDL) DATES: Comments must be received on Monday through Friday, except Federal
holders, and interstate and intrastate or before October 19, 2017. holidays. If you have questions
inspections recorded in the Motor ADDRESSES: You may submit comments regarding viewing or submitting
Carrier Management Information System bearing the Federal Docket Management material to the docket, contact Docket
(MCMIS). For non-CDL holders, the System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826.
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![Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Notices 43815
in 2017 and certified that he has had no V. Viewing Comments and Documents 224, Washington, DC 20590–0001.
severe hypoglycemic reactions resulting To view comments, as well as any Office hours are from 8:30 a.m. to 5
in loss of consciousness, requiring the documents mentioned in this preamble, p.m., e.t., Monday through Friday,
assistance of another person, or go to http://www.regulations.gov and in except Federal holidays. If you have
resulting in impaired cognitive function the search box insert the docket number questions regarding viewing or
that occurred without warning in the FMCSA–2017–0043 and click ‘‘Search.’’ submitting material to the docket,
past 12 months and no recurrent (two or Next, click ‘‘Open Docket Folder’’ and contact Docket Services, telephone (202)
more) severe hypoglycemic episodes in you will find all documents and 366–9826.
the last five years. His endocrinologist comments related to this notice. SUPPLEMENTARY INFORMATION:
certifies that Mr. Young understands
diabetes management and monitoring, Issued on: September 13, 2017. I. Electronic Access
has stable control of his diabetes using Larry W. Minor, You may see all the comments online
insulin, and is able to drive a CMV Associate Administrator for Policy. through the Federal Document
safely. Mr. Young meets the [FR Doc. 2017–19911 Filed 9–18–17; 8:45 am] Management System (FDMS) at: http://
requirements of the vision standard at BILLING CODE 4910–EX–P www.regulations.gov.
49 CFR 391.41(b)(10). His Docket: For access to the docket to
ophthalmologist examined him in 2017 read background documents or
and certified that he has stable DEPARTMENT OF TRANSPORTATION comments, go to http//
nonproliferative diabetic retinopathy. www.regulations.gov and/or Room
He holds a Class A CDL from Tennessee. Federal Motor Carrier Safety W12–140 on the ground level of the
Administration West Building, 1200 New Jersey Avenue
III. Request for Comments
[Docket No. FMCSA–2000–7006; FMCSA– SE., Washington, DC, between 9 a.m.
In accordance with 49 U.S.C. 31136(e) 2001–9258; FMCSA–2001–9561; FMCSA– and 5 p.m., e.t., Monday through Friday,
and 31315, FMCSA requests public 2002–11714; FMCSA–2002–13411; FMCSA– except Federal holidays.
comment from all interested persons on 2003–14504; FMCSA–2003–15268; FMCSA– Privacy Act: In accordance with 5
2004–17984; FMCSA–2005–20560; FMCSA– U.S.C. 553(c), DOT solicits comments
the exemption petitions described in
2005–21254; FMCSA–2006–26653; FMCSA–
this notice. We will consider all 2007–2663; FMCSA–2007–27897; FMCSA–
from the public to better inform its
comments received before the close of 2008–0266; FMCSA–2009–0086; FMCSA– rulemaking process. DOT posts these
business on the closing date indicated 2009–0121; FMCSA–2010–0354; FMCSA– comments, without edit, including any
in the date’s section of the notice. 2010–0372; FMCSA–2010–0385; FMCSA– personal information the commenter
2011–0010; FMCSA–2011–0024; FMCSA– provides, to http://www.regulations.gov,
IV. Submitting Comments 2011–0057; FMCSA–2011–0092; FMCSA– as described in the system of records
You may submit your comments and 2011–0102; FMCSA–2011–0140; FMCSA– notice (DOT/ALL–14 FDMS), which can
2011–0141; FMCSA–2013–0021; FMCSA– be reviewed at http://www.dot.gov/
material online or by fax, mail, or hand
2013–0025; FMCSA–2013–0027; FMCSA–
delivery, but please use only one of privacy.
2013–0028; FMCSA–2013–0029; FMCSA–
these means. FMCSA recommends that 2014–0002; FMCSA–2014–0010; FMCSA– II. Background
you include your name and a mailing 2014–0302; FMCSA–2014–0305; FMCSA–
address, an email address, or a phone 2015–0048; FMCSA–2015–0049; FMCSA– On July 18, 2017, FMCSA published
number in the body of your document 2015–0052; FMCSA–2015–0053; FMCSA– a notice announcing its decision to
so that FMCSA can contact you if there 2015–0055] renew exemptions for 125 individuals
are questions regarding your from the vision requirement in 49 CFR
submission. Qualification of Drivers; Exemption 391.41(b)(10) to operate a CMV in
To submit your comment online, go to Applications; Vision interstate commerce and requested
http://www.regulations.gov and in the AGENCY: Federal Motor Carrier Safety comments from the public (82 FR
search box insert the docket number Administration (FMCSA), DOT. 32919). The public comment period
FMCSA–2017–0043 and click the search ended on August 17, 2017 and no
ACTION: Notice of final disposition.
button. When the new screen appears, comments were received.
click on the blue ‘‘Comment Now!’’ SUMMARY: FMCSA announces its As stated in the previous notice,
button on the right hand side of the decision to renew exemptions for 125 FMCSA has evaluated the eligibility of
page. On the new page, enter individuals from the vision requirement these applicants and determined that
information required including the in the Federal Motor Carrier Safety renewing these exemptions would
specific section of this document to Regulations (FMCSRs) for interstate achieve a level of safety equivalent to or
which each comment applies, and commercial motor vehicle (CMV) greater than the level that would be
provide a reason for each suggestion or drivers. The exemptions enable these achieved by complying with the current
recommendation. If you submit your individuals to continue to operate CMVs regulation 49 CFR 391.41(b)(10).
comments by mail or hand delivery, in interstate commerce without meeting The physical qualification standard
submit them in an unbound format, no the vision requirement in one eye. for drivers regarding vision found in 49
larger than 81⁄2 by 11 inches, suitable for DATES: Each group of renewed
CFR 391.41(b)(10) states that a person is
copying and electronic filing. If you exemptions were applicable on the physically qualified to drive a CMV if
submit comments by mail and would dates stated in the discussions below that person:
asabaliauskas on DSKBBXCHB2PROD with NOTICES
like to know that they reached the and will expire on the dates stated in Has distant visual acuity of at least 20/40
facility, please enclose a stamped, self- the discussions below. (Snellen) in each eye without corrective
addressed postcard or envelope. lenses or visual acuity separately corrected to
FOR FURTHER INFORMATION CONTACT: Ms.
20/40 (Snellen) or better with corrective
We will consider all comments and Christine A. Hydock, Chief, Medical lenses, distant binocular acuity of a least 20/
materials received during the comment Programs Division, 202–366–4001, 40 (Snellen) in both eyes with or without
period. FMCSA may issue a final fmcsamedical@dot.gov, FMCSA, corrective lenses, field of vision of at least
determination at any time after the close Department of Transportation, 1200 70° in the horizontal meridian in each eye,
of the comment period. New Jersey Avenue SE., Room W64– and the ability to recognize the colors of
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Document Created: 2018-10-24 14:19:01
Document Modified: 2018-10-24 14:19:01
| 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 19, 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 43810 |
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