82 FR 58253 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 236 (December 11, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 236 (December 11, 2017)
| Page Range | 58253-58257 | |
| FR Document | 2017-26583 |
[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)] [Notices] [Pages 58253-58257] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26583] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0235] 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 January 10, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2017-0235 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., ET, 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., ET, Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day ET, 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., ET, 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: 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 [[Page 58254]] 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 Larry L. Alirez Mr. Alirez, 60, 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. Alirez understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Alirez 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 Mexico. Samuel L. Boothe Mr. Boothe, 64, 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. Boothe understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Boothe 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 Missouri. Edward C. Carlson Mr. Carlson, 71, 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. Carlson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Carlson 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 Massachusetts. Andrew W. Carstens Mr. Carstens, 46, has had ITDM since 2017. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Carstens understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Carstens meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Indiana. Timothy R. Conaway Mr. Conaway, 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. Conaway understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Conaway 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 C CDL from Delaware. Ronald E. Cope, Sr. Mr. Cope, 78, has had ITDM since 2004. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or [[Page 58255]] 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. Cope understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Cope 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 Tennessee. Jeffrey Dockhorn Mr. Dockhorn, 59, has had ITDM since 2016. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Dockhorn understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Dockhorn 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. Elias O. Eniade Mr. Eniade, 60, 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. Eniade understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Eniade 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 Missouri. Michael L. Evans Mr. Evans, 53, 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. Evans understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Evans 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. Billy E. Hickman, Jr. Mr. Hickman, 34, 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. Hickman understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hickman 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 Missouri. Lejuan K. Holmes Mr. Holmes, 46, has had ITDM since 1986. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Holmes understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Holmes 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 Texas. Roy J. McDonald Mr. McDonald, 71, has had ITDM since 2011. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. McDonald understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. McDonald meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from New York. Michael D. Mook Mr. Mook, 56, has had ITDM since 2016. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Mook understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Mook meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from Iowa. Nathon J. Owens Mr. Owens, 41, has had ITDM since 1989. 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. Owens understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV [[Page 58256]] safely. Mr. Owens 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. Guy K. Paquette Mr. Paquette, 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. Paquette understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Paquette 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. Robert C. Payne Mr. Payne, 57, has had ITDM since 2003. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Payne understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Payne 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 Virginia. Lyle S. Pearson Mr. Pearson, 54, 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. Pearson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Pearson 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 Illinois. Joseph M. Pellish, Jr. Mr. Pellish, 59, has had ITDM since 2017. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Pellish understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Pellish 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 Minnesota. Daniel R. Plecki Mr. Plecki, 28, 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. Plecki understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Plecki 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 Illinois. Victor H. Pulgarin-Gomez Mr. Pulgarin-Gomez, 32, has had ITDM since 2008. 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. Pulgarin-Gomez understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Pulgarin-Gomez meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from New Jersey. Stephen D. Reintsma Mr. Reintsma, 49, has had ITDM since 2017. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Reintsma understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Reintsma 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 Iowa. Charles W. Wakefield Mr. Wakefield, 58, 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. Wakefield understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Wakefield 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 Mississippi. John L. Whitehead, Jr. Mr. Whitehead, 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 [[Page 58257]] 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. Whitehead understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Whitehead 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. Keith L. Wilson Mr. Wilson, 47, has had ITDM since 2011. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Wilson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Wilson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds an operator's license from Wisconsin. Adam J. Writz Mr. Writz, 30, 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. Writz understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Writz 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 Idaho. Rave Y. Yarron Mr. Yarron, 39, 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. Yarron understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Yarron meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Maryland. Willie C. Young Mr. Young, 58, 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. 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 optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Texas. 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 dates 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-2017-0235 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-2017-0235 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: December 4, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-26583 Filed 12-8-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices 58253
she is self-employed. The driver must would not be consistent with the goals comments, go to http://
also have a copy of the exemption when and objectives of 49 U.S.C. 31136(e) and www.regulations.gov at any time or
driving, for presentation to a duly 31315. Room W12–140 on the ground level of
authorized Federal, State, or local Issued on: December 4, 2017. the West Building, 1200 New Jersey
enforcement official. Larry W. Minor, Avenue SE., Washington, DC, between 9
Associate Administrator for Policy.
a.m. and 5 p.m., ET, Monday through
VI. Preemption
Friday, except Federal holidays. The
[FR Doc. 2017–26593 Filed 12–8–17; 8:45 am]
During the period the exemption is in FDMS is available 24 hours each day
BILLING CODE 4910–EX–P
effect, no State shall enforce any law or ET, 365 days each year. If you want
regulation that conflicts with this acknowledgment that we received your
exemption with respect to a person comments, please include a self-
DEPARTMENT OF TRANSPORTATION
operating under the exemption. addressed, stamped envelope or
VII. Conclusion Federal Motor Carrier Safety postcard or print the acknowledgement
Administration page that appears after submitting
Based upon its evaluation of the 37 comments online.
exemption applications, FMCSA [Docket No. FMCSA–2017–0235] Privacy Act: In accordance with 5
exempts the following drivers from the U.S.C. 553(c), DOT solicits comments
diabetes requirement in 49 CFR Qualification of Drivers; Exemption
Applications; Diabetes Mellitus from the public to better inform its
391.41(b)(10), subject to the rulemaking process. DOT posts these
requirements cited above: AGENCY: Federal Motor Carrier Safety comments, without edit, including any
Jerry E. Blanchet (RI) Administration (FMCSA), DOT. personal information the commenter
Eric J. Brunke (WI) ACTION: Notice of applications for provides, to http://www.regulations.gov,
Gregorio A. Climaco (MA) exemption; request for comments. as described in the system of records
Jeffrey S. Combs (IL) notice (DOT/ALL–14 FDMS), which can
James W. Davis (MT) SUMMARY: FMCSA announces receipt of be reviewed at http://www.dot.gov/
Paul J. Dent (IA) applications from 27 individuals for an privacy.
Todd S. Gardner (FL) exemption from the prohibition in the
Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: Ms.
Nathan T. Gintner (WI) Christine A. Hydock, Chief, Medical
Ronald K. Glick (IL) Regulations (FMCSRs) against persons
with insulin-treated diabetes mellitus Programs Division, (202) 366–4001,
Diosdado P. Godoy (HI) fmcsamedical@dot.gov, FMCSA,
David E. Gordon, Jr. (MA) (ITDM) operating a commercial motor
vehicle (CMV) in interstate commerce. If Department of Transportation, 1200
Jimmie W. Grady (NC) New Jersey Avenue SE., Room W64–
Matthew S. Helm (PA) granted, the exemptions would enable
these individuals with ITDM to operate 224, Washington, DC 20590–0001.
Alan B. Jackson (OH) Office hours are 8:30 a.m. to 5 p.m., ET,
CMVs in interstate commerce.
Dennis L. James (OR) Monday through Friday, except Federal
Tony C. Johnson (AR) DATES: Comments must be received on
or before January 10, 2018. holidays. If you have questions
Russell E. Jones, Jr. (FL) regarding viewing or submitting
Derrick D. LaRue (RI) ADDRESSES: You may submit comments
material to the docket, contact Docket
Mark C. Lessman (IL) bearing the Federal Docket Management
Services, telephone (202) 366–9826.
Ernest H.S. Louis (SC) System (FDMS) Docket No. FMCSA–
2017–0235 using any of the following SUPPLEMENTARY INFORMATION:
Allen J. McNall (NY)
Ernest A. Mitchell (TX) methods: Background
Irvin A. Moos (ND) • Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
Jose L. Pesina (IA) FMCSA may grant an exemption from
Corey M. Salmon (VA) online instructions for submitting
comments. the FMCSRs for a five-year period if it
Tony J. Shives (FL) finds ‘‘such exemption would likely
• Mail: Docket Management Facility;
Joel M. Siegrist (PA) achieve a level of safety that is
U.S. Department of Transportation, 1200
Andre B. Sims (NC) equivalent to or greater than the level
New Jersey Avenue SE., West Building
Roger K. Skeens (IN) that would be achieved absent such
Ground Floor, Room W12–140,
Shae A. Spilker (MT) exemption.’’ The statute also allows the
Washington, DC 20590–0001.
Dennis B. Strait (NJ) • Hand Delivery: West Building Agency to renew exemptions at the end
C. Edward Tanner (PA) Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants
Mary Thomas (DE) New Jersey Avenue SE., Washington, exemptions from the FMCSRs for a two-
Kyle R. Thompson (CA) DC, between 9 a.m. and 5 p.m., ET, year period to align with the maximum
Jeffery W. Vaughan (MN) Monday through Friday, except Federal duration of a driver’s medical
John F. White (NY) Holidays. certification.
Ronald E. Wolf (IL) • Fax: 1–202–493–2251. The 27 individuals listed in this
In accordance with 49 U.S.C. 31136(e) Instructions: Each submission must notice have requested an exemption
and 31315, each exemption will be valid include the Agency name and the from the diabetes prohibition in 49 CFR
for two years from the effective date docket number(s) for this notice. Note 391.41(b)(3). Accordingly, the Agency
unless revoked earlier by FMCSA. The that all comments received will be will evaluate the qualifications of each
daltland on DSKBBV9HB2PROD with NOTICES
exemption will be revoked if the posted without change to http:// applicant to determine whether granting
following occurs: (1) The person fails to www.regulations.gov, including any the exemption will achieve the required
comply with the terms and conditions personal information provided. Please level of safety mandated by statute.
of the exemption; (2) the exemption has see the Privacy Act heading below for The physical qualification standard
resulted in a lower level of safety than further information. for drivers regarding diabetes found in
was maintained prior to being granted; Docket: For access to the docket to 49 CFR 391.41(b)(3) states that a person
or (3) continuation of the exemption read background documents or is physically qualified to drive a CMV
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![Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices 58257
occurred without warning in the past 12 assistance of another person, or information required including the
months and no recurrent (two or more) resulting in impaired cognitive function specific section of this document to
severe hypoglycemic episodes in the that occurred without warning in the which each comment applies, and
last five years. His endocrinologist past 12 months and no recurrent (two or provide a reason for each suggestion or
certifies that Mr. Whitehead more) severe hypoglycemic episodes in recommendation. If you submit your
understands diabetes management and the last five years. His endocrinologist comments by mail or hand delivery,
monitoring, has stable control of his certifies that Mr. Yarron understands submit them in an unbound format, no
diabetes using insulin, and is able to diabetes management and monitoring, larger than 81⁄2 by 11 inches, suitable for
drive a CMV safely. Mr. Whitehead has stable control of his diabetes using copying and electronic filing. If you
meets the requirements of the vision insulin, and is able to drive a CMV submit comments by mail and would
standard at 49 CFR 391.41(b)(10). His safely. Mr. Yarron meets the like to know that they reached the
optometrist examined him in 2017 and requirements of the vision standard at facility, please enclose a stamped, self-
certified that he does not have diabetic 49 CFR 391.41(b)(10). His optometrist addressed postcard or envelope.
retinopathy. He holds a Class A CDL examined him in 2017 and certified that We will consider all comments and
from Tennessee. he does not have diabetic retinopathy. materials received during the comment
He holds a Class A CDL from Maryland. period. FMCSA may issue a final
Keith L. Wilson
Willie C. Young determination at any time after the close
Mr. Wilson, 47, has had ITDM since of the comment period.
2011. His endocrinologist examined him Mr. Young, 58, has had ITDM since
in 2017 and certified that he has had no 2016. His endocrinologist examined him V. Viewing Comments and Documents
severe hypoglycemic reactions resulting in 2017 and certified that he has had no To view comments, as well as any
in loss of consciousness, requiring the severe hypoglycemic reactions resulting documents mentioned in this preamble,
assistance of another person, or in loss of consciousness, requiring the go to http://www.regulations.gov and in
resulting in impaired cognitive function assistance of another person, or the search box insert the docket number
that occurred without warning in the resulting in impaired cognitive function FMCSA–2017–0235 and click ‘‘Search.’’
past 12 months and no recurrent (two or that occurred without warning in the Next, click ‘‘Open Docket Folder’’ and
more) severe hypoglycemic episodes in past 12 months and no recurrent (two or you will find all documents and
the last five years. His endocrinologist more) severe hypoglycemic episodes in comments related to this notice.
certifies that Mr. Wilson understands the last five years. His endocrinologist
Issued on: December 4, 2017.
diabetes management and monitoring, certifies that Mr. Young understands
has stable control of his diabetes using Larry W. Minor,
diabetes management and monitoring,
insulin, and is able to drive a CMV has stable control of his diabetes using Associate Administrator for Policy.
safely. Mr. Wilson meets the insulin, and is able to drive a CMV [FR Doc. 2017–26583 Filed 12–8–17; 8:45 am]
requirements of the vision standard at safely. Mr. Young meets the BILLING CODE 4910–EX–P
49 CFR 391.41(b)(10). His optometrist requirements of the vision standard at
examined him in 2017 and certified that 49 CFR 391.41(b)(10). His optometrist
he does not have diabetic retinopathy. examined him in 2017 and certified that DEPARTMENT OF TRANSPORTATION
He holds an operator’s license from he does not have diabetic retinopathy.
Wisconsin. Federal Motor Carrier Safety
He holds a Class A CDL from Texas.
Administration
Adam J. Writz III. Request for Comments
Mr. Writz, 30, has had ITDM since Unified Carrier Registration Plan Board
In accordance with 49 U.S.C. 31136(e)
2015. His endocrinologist examined him of Directors; Sunshine Act Meetings
and 31315, FMCSA requests public
in 2017 and certified that he has had no comment from all interested persons on AGENCY: Federal Motor Carrier Safety
severe hypoglycemic reactions resulting the exemption petitions described in Administration (FMCSA), DOT.
in loss of consciousness, requiring the this notice. We will consider all ACTION: Notice of Unified Carrier
assistance of another person, or comments received before the close of Registration Plan Board of Directors
resulting in impaired cognitive function business on the closing date indicated meeting.
that occurred without warning in the in the dates section of the notice.
past 12 months and no recurrent (two or TIME AND DATE: The meeting will be held
more) severe hypoglycemic episodes in IV. Submitting Comments
on December 14, 2017, from 9:00 a.m. to
the last five years. His endocrinologist You may submit your comments and 4:00 p.m., Eastern Standard Time.
certifies that Mr. Writz understands material online or by fax, mail, or hand
PLACE: The meeting will be open to the
diabetes management and monitoring, delivery, but please use only one of
these means. FMCSA recommends that public at the; Towers at Wildwood, 1st
has stable control of his diabetes using Floor Conference Center—East Tower,
insulin, and is able to drive a CMV you include your name and a mailing
address, an email address, or a phone 3200 Windy Hill Road, Atlanta, GA
safely. Mr. Writz meets the requirements 30339, and via conference call. Those
of the vision standard at 49 CFR number in the body of your document
so that FMCSA can contact you if there not attending the meeting in person may
391.41(b)(10). His optometrist examined call 1–877–422–1931, passcode
him in 2017 and certified that he does are questions regarding your
submission. 2855443940, to listen and participate in
not have diabetic retinopathy. He holds the meeting.
an operator’s license from Idaho. To submit your comment online, go to
daltland on DSKBBV9HB2PROD with NOTICES
http://www.regulations.gov and in the STATUS: Open to the public.
Rave Y. Yarron search box insert the docket number MATTERS TO BE CONSIDERED: The Unified
Mr. Yarron, 39, has had ITDM since FMCSA–2017–0235 and click the search Carrier Registration Plan Board of
2017. His endocrinologist examined him button. When the new screen appears, Directors (the Board) will continue its
in 2017 and certified that he has had no click on the blue ‘‘Comment Now!’’ work in developing and implementing
severe hypoglycemic reactions resulting button on the right hand side of the the Unified Carrier Registration Plan
in loss of consciousness, requiring the page. On the new page, enter and Agreement and to that end, may
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Document Created: 2017-12-09 01:49:40
Document Modified: 2017-12-09 01:49:40
| 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 January 10, 2018. | |
| 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., ET, 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 58253 |
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