82 FR 47301 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 195 (October 11, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 195 (October 11, 2017)
| Page Range | 47301-47305 | |
| FR Document | 2017-21900 |
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)] [Notices] [Pages 47301-47305] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21900] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0234] 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 27 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 November 13, 2017. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2017-0234 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: [[Page 47302]] I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the FMCSRs for a five-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 five-year period. FMCSA grants exemptions from the FMCSRs for a two- year period to align with the maximum duration of a driver's medical certification. The 27 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 James J. Aden Mr. Aden, 70, has had ITDM since 1997. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Aden understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Aden meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds an operator's license from Minnesota. Serafim S. Amaral Mr. Amaral, 62, 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. Amaral understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Amaral 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 from California. John E. Biel Mr. Biel, 71, 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. Biel understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Biel 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 Pennsylvania. Adam D. Comer Mr. Comer, 32, 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. Comer understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Comer 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 Arkansas. Timothy P. Conner Mr. Conner, 49, has had ITDM since 2010. His endocrinologist examined him [[Page 47303]] in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Conner understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Conner meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Virginia. Miguel P. Flores Mr. Flores, 57, 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. Flores understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Flores 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 Washington. Mark J. Fulks Mr. Fulks, 32, 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. Fulks understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Fulks 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 Iowa. Daniel Gonzalez, III Mr. Gonzalez, 46, 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. Gonzalez understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Gonzalez 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 Texas. Chad A. Hayden Mr. Hayden, 42, 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. Hayden understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hayden meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds an operator's license from Indiana. Joseph F. Hubenka Mr. Hubenka, 57, 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. Hubenka understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hubenka 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 Nebraska. Galen M. Hurd, III Mr. Hurd, 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. Hurd understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hurd 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 South Carolina. Edward S. Jacobs Mr. Jacobs, 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. Jacobs understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Jacobs 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 Michigan. Jason D. Jones Mr. Jones, 45, 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. 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 [[Page 47304]] 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 Oklahoma. David M. Kelly Mr. Kelly, 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. Kelly understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Kelly 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 Maryland. Robert A. Leboffe Mr. Leboffe, 25, has had ITDM since 1999. 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. Leboffe understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Leboffe 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. Tanner H. Littlefield Mr. Littlefield, 26, 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. Littlefield understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Littlefield meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds an operator's license from Rhode Island. Veneta K. Mayor Ms. Mayor, 49, has had ITDM since 2012. 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. Mayor understands diabetes management and monitoring, has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Mayor 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 Nevada. Randy J. Nekuda Mr. Nekuda, 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. Nekuda understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Nekuda 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 Nebraska. Thomas M. Reece Mr. Reece, 45, 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. Reece understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Reece 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 a Class A CDL from North Carolina. Michael L. Rivera Mr. Rivera, 36, 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. Rivera understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Rivera 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. Gary L. Robbins Mr. Robbins, 49, 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. Robbins understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Robbins meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2016 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Oregon. Eddie Rodriguez, Jr. Mr. Rodriguez, 37, 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 [[Page 47305]] months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Rodriguez understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Rodriguez meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he has stable proliferative diabetic retinopathy. He holds an operator's license from Texas. Erwin R. Rud Mr. Rud, 68, has had ITDM since 1954. 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. Rud understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Rud 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 Minnesota. Diane L. Simmons Ms. Simmons, 70, has had ITDM since 2016. 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. Simmons understands diabetes management and monitoring, has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Simmons 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 Idaho. Russell Van Alphen Mr. Van Alphen, 47, has had ITDM since 1999. 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. Van Alphen understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Van Alphen 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. Thomas C. Williams Mr. Williams, 22, 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. Williams understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Williams 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 Kansas. Glen E. Wray, Jr. Mr. Wray, 55, 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. Wray understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Wray meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Pennsylvania. 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-2017-0234 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-2017-0234 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: October 2, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-21900 Filed 10-10-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 47301
West Building, 1200 New Jersey Avenue 31315, the following individuals have • Federal eRulemaking Portal: Go to
SE., Washington, DC, between 9 a.m. satisfied the renewal conditions for http://www.regulations.gov. Follow the
and 5 p.m., e.t., Monday through Friday, obtaining an exemption from the online instructions for submitting
except Federal holidays. hearing requirement in the FMCSRs for comments.
Privacy Act: In accordance with 5 interstate CMV drivers. (82 FR 30939): • Mail: Docket Management Facility;
U.S.C. 553(c), DOT solicits comments Thomas Carr (PA) U.S. Department of Transportation, 1200
from the public to better inform its Richard Knapp (WI) New Jersey Avenue SE., West Building
rulemaking process. DOT posts these Keith Miller (PA) Ground Floor, Room W12–140,
comments, without edit, including any Jeffrey Webber (OK) Washington, DC 20590–0001.
personal information the commenter Michael Wilkes (MA) • Hand Delivery: West Building
provides, to http://www.regulations.gov, Ground Floor, Room W12–140, 1200
as described in the system of records The drivers were included in docket
number FMCSA–2014–0384. Their New Jersey Avenue SE., Washington,
notice (DOT/ALL–14 FDMS), which can DC, between 9 a.m. and 5 p.m., e.t.,
be reviewed at http://www.dot.gov/ exemptions were applicable on June 10,
2017, and will expire on June 10, 2019. Monday through Friday, except Federal
privacy. Holidays.
In accordance with 49 U.S.C. 31315,
II. Background each exemption will be valid for two • Fax: 1–202–493–2251.
On July 3, 2017, FMCSA published a years from the effective date unless Instructions: Each submission must
notice announcing its decision to renew revoked earlier by FMCSA. The include the Agency name and the
exemptions for five individuals from the exemption will be revoked if the docket number(s) for this notice. Note
hearing standard in 49 CFR following occurs: (1) The person fails to that all comments received will be
391.41(b)(11) to operate a CMV in comply with the terms and conditions posted without change to http://
interstate commerce and requested of the exemption; (2) the exemption has www.regulations.gov, including any
comments from the public (82 FR resulted in a lower level of safety than personal information provided. Please
30939). The public comment period was maintained prior to being granted; see the Privacy Act heading below for
ended on August 2, 2017, and no or (3) continuation of the exemption further information.
comments were received. would not be consistent with the goals Docket: For access to the docket to
As stated in the previous notice, and objectives of 49 U.S.C. 31136 and read background documents or
FMCSA has evaluated the eligibility of 31315. comments, go to http://
these applicants and determined that Issued on: October 2, 2017. www.regulations.gov at any time or
renewing these exemptions would Larry W. Minor,
Room W12–140 on the ground level of
achieve a level of safety equivalent to or the West Building, 1200 New Jersey
Associate Administrator for Policy.
greater than the level that would be Avenue SE., Washington, DC, between 9
[FR Doc. 2017–21894 Filed 10–10–17; 8:45 am]
achieved by complying with the current a.m. and 5 p.m., e.t., Monday through
regulation 49 CFR 391.41(b)(11). BILLING CODE 4910–EX–P Friday, except Federal holidays. The
The physical qualification standard FDMS is available 24 hours each day
for drivers regarding hearing found in e.t., 365 days each year. If you want
49 CFR 391.41(b)(11) states that a DEPARTMENT OF TRANSPORTATION
acknowledgment that we received your
person is physically qualified to driver comments, please include a self-
Federal Motor Carrier Safety
a CMV if that person: addressed, stamped envelope or
Administration
First perceives a forced whispered voice in postcard or print the acknowledgement
the better ear at not less than 5 feet with or [Docket No. FMCSA–2017–0234] page that appears after submitting
without the use of a hearing aid or, if tested comments online.
by use of an audiometric device, does not Qualification of Drivers; Exemption Privacy Act: In accordance with 5
have an average hearing loss in the better ear Applications; Diabetes Mellitus U.S.C. 553(c), DOT solicits comments
greater than 40 decibels at 500 Hz, 1,000 Hz,
and 2,000 Hz with or without a hearing aid AGENCY: Federal Motor Carrier Safety from the public to better inform its
when the audiometric device is calibrated to Administration (FMCSA), DOT. rulemaking process. DOT posts these
American National Standard (formerly ASA comments, without edit, including any
ACTION: Notice of applications for
Standard) Z24.5–1951. personal information the commenter
exemption; request for comments. provides, to http://www.regulations.gov,
49 CFR 391.41(b)(11) was adopted in
1970, with a revision in 1971 to allow SUMMARY: FMCSA announces receipt of as described in the system of records
drivers to be qualified under this applications from 27 individuals for an notice (DOT/ALL–14 FDMS), which can
standard while wearing a hearing aid, exemption from the prohibition in the be reviewed at http://www.dot.gov/
35 FR 6458, 6463 (April 22, 1970) and Federal Motor Carrier Safety privacy.
36 FR 12857 (July 3, 1971). Regulations (FMCSRs) against persons FOR FURTHER INFORMATION CONTACT: Ms.
III. Discussion of Comments with insulin-treated diabetes mellitus Christine A. Hydock, Chief, Medical
(ITDM) operating a commercial motor Programs Division, (202) 366–4001,
FMCSA received no comments in vehicle (CMV) in interstate commerce. If fmcsamedical@dot.gov, FMCSA,
response to this preceding. granted, the exemptions would enable Department of Transportation, 1200
IV. Conclusion these individuals with ITDM to operate New Jersey Avenue SE., Room W64–
asabaliauskas on DSKBBXCHB2PROD with NOTICES
CMVs in interstate commerce. 224, Washington, DC 20590–0001.
Based upon its evaluation of the five
renewal exemption applications, DATES: Comments must be received on Office hours are 8:30 a.m. to 5 p.m., e.t.,
FMCSA announces its’ decision to or before November 13, 2017. Monday through Friday, except Federal
exempt the following drivers from the ADDRESSES: You may submit comments holidays. If you have questions
hearing requirement in 49 CFR 391.41 bearing the Federal Docket Management regarding viewing or submitting
(b)(11). System (FDMS) Docket No. FMCSA– material to the docket, contact Docket
As of June 10, 2017, and in 2017–0234 using any of the following Services, telephone (202) 366–9826.
accordance with 49 U.S.C. 31136(e) and methods: SUPPLEMENTARY INFORMATION:
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![Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 47305
months and no recurrent (two or more) consciousness, requiring the assistance III. Request for Comments
severe hypoglycemic episodes in the of another person, or resulting in
last five years. His endocrinologist impaired cognitive function that In accordance with 49 U.S.C. 31136(e)
certifies that Mr. Rodriguez understands occurred without warning in the past 12 and 31315, FMCSA requests public
diabetes management and monitoring, months and no recurrent (two or more) comment from all interested persons on
has stable control of his diabetes using severe hypoglycemic episodes in the the exemption petitions described in
insulin, and is able to drive a CMV last five years. His endocrinologist this notice. We will consider all
safely. Mr. Rodriguez meets the certifies that Mr. Van Alphen comments received before the close of
requirements of the vision standard at understands diabetes management and business on the closing date indicated
49 CFR 391.41(b)(10). His monitoring, has stable control of his in the date’s section of the notice.
ophthalmologist examined him in 2017 diabetes using insulin, and is able to
and certified that he has stable IV. Submitting Comments
drive a CMV safely.
proliferative diabetic retinopathy. He You may submit your comments and
holds an operator’s license from Texas. Mr. Van Alphen meets the
requirements of the vision standard at material online or by fax, mail, or hand
Erwin R. Rud 49 CFR 391.41(b)(10). His optometrist delivery, but please use only one of
Mr. Rud, 68, has had ITDM since examined him in 2017 and certified that these means. FMCSA recommends that
1954. His endocrinologist examined him he does not have diabetic retinopathy. you include your name and a mailing
in 2017 and certified that he has had no He holds an operator’s license from address, an email address, or a phone
severe hypoglycemic reactions resulting Massachusetts. number in the body of your document
in loss of consciousness, requiring the so that FMCSA can contact you if there
Thomas C. Williams
assistance of another person, or are questions regarding your
resulting in impaired cognitive function Mr. Williams, 22, has had ITDM since submission.
that occurred without warning in the 2015. His endocrinologist examined him To submit your comment online, go to
past 12 months and no recurrent (two or in 2017 and certified that he has had no http://www.regulations.gov and in the
more) severe hypoglycemic episodes in severe hypoglycemic reactions resulting search box insert the docket number
the last five years. His endocrinologist in loss of consciousness, requiring the FMCSA–2017–0234 and click the search
certifies that Mr. Rud understands assistance of another person, or button. When the new screen appears,
diabetes management and monitoring, resulting in impaired cognitive function
has stable control of his diabetes using click on the blue ‘‘Comment Now!’’
that occurred without warning in the button on the right hand side of the
insulin, and is able to drive a CMV past 12 months and no recurrent (two or
safely. Mr. Rud meets the requirements page. On the new page, enter
more) severe hypoglycemic episodes in information required including the
of the vision standard at 49 CFR the last five years. His endocrinologist
391.41(b)(10). His ophthalmologist specific section of this document to
certifies that Mr. Williams understands
examined him in 2017 and certified that which each comment applies, and
diabetes management and monitoring,
he has stable nonproliferative diabetic provide a reason for each suggestion or
has stable control of his diabetes using
retinopathy. He holds an operator’s insulin, and is able to drive a CMV recommendation. If you submit your
license from Minnesota. safely. Mr. Williams meets the comments by mail or hand delivery,
requirements of the vision standard at submit them in an unbound format, no
Diane L. Simmons
49 CFR 391.41(b)(10). His larger than 81⁄2 by 11 inches, suitable for
Ms. Simmons, 70, has had ITDM since copying and electronic filing. If you
ophthalmologist examined him in 2017
2016. Her endocrinologist examined her submit comments by mail and would
and certified that he does not have
in 2017 and certified that she has had like to know that they reached the
diabetic retinopathy. He holds a Class B
no severe hypoglycemic reactions facility, please enclose a stamped, self-
CDL from Kansas.
resulting in loss of consciousness, addressed postcard or envelope.
requiring the assistance of another Glen E. Wray, Jr.
person, or resulting in impaired We will consider all comments and
cognitive function that occurred without Mr. Wray, 55, has had ITDM since materials received during the comment
warning in the past 12 months and no 2016. His endocrinologist examined him period. FMCSA may issue a final
recurrent (two or more) severe in 2017 and certified that he has had no determination at any time after the close
hypoglycemic episodes in the last five severe hypoglycemic reactions resulting of the comment period.
years. Her endocrinologist certifies that in loss of consciousness, requiring the
assistance of another person, or V. Viewing Comments and Documents
Ms. Simmons understands diabetes
management and monitoring, has stable resulting in impaired cognitive function To view comments, as well as any
control of her diabetes using insulin, that occurred without warning in the documents mentioned in this preamble,
and is able to drive a CMV safely. Ms. past 12 months and no recurrent (two or
go to http://www.regulations.gov and in
Simmons meets the requirements of the more) severe hypoglycemic episodes in
the search box insert the docket number
vision standard at 49 CFR 391.41(b)(10). the last five years. His endocrinologist
FMCSA–2017–0234 and click ‘‘Search.’’
Her optometrist examined her in 2017 certifies that Mr. Wray understands
diabetes management and monitoring, Next, click ‘‘Open Docket Folder’’ and
and certified that she does not have you will find all documents and
asabaliauskas on DSKBBXCHB2PROD with NOTICES
diabetic retinopathy. She holds a Class has stable control of his diabetes using
insulin, and is able to drive a CMV comments related to this notice.
B CDL from Idaho.
safely. Mr. Wray meets the requirements Issued on: October 2, 2017.
Russell Van Alphen of the vision standard at 49 CFR Larry W. Minor,
Mr. Van Alphen, 47, has had ITDM 391.41(b)(10). His ophthalmologist Associate Administrator for Policy.
since 1999. His endocrinologist examined him in 2017 and certified that
[FR Doc. 2017–21900 Filed 10–10–17; 8:45 am]
examined him in 2017 and certified that he does not have diabetic retinopathy.
BILLING CODE 4910–EX–P
he has had no severe hypoglycemic He holds a Class A CDL from
reactions resulting in loss of Pennsylvania.
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Document Created: 2018-10-25 09:57:55
Document Modified: 2018-10-25 09:57:55
| 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 November 13, 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 47301 |
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