83_FR_18709 83 FR 18627 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

83 FR 18627 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 82 (April 27, 2018)

Page Range18627-18633
FR Document2018-08909

FMCSA announces receipt of applications from 40 individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) operating a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce.

Federal Register, Volume 83 Issue 82 (Friday, April 27, 2018)
[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Notices]
[Pages 18627-18633]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08909]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0025]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 40 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 May 29, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2018-0025 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,

[[Page 18628]]

Department of Transportation, 1200 New Jersey Avenue, SE, Room W64-224, 
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., 
Monday through Friday, except Federal holidays. If you have questions 
regarding viewing or submitting material to the docket, contact Docket 
Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the FMCSRs for a 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 40 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

Waael Abuhijab

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

Patrick S. Baker

    Mr. Baker, 40, has had ITDM since 2015. His endocrinologist 
examined him in 2018 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. Baker understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Baker meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2018 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Virginia.

Thomas E. Bandy

    Mr. Bandy, 40, has had ITDM since 2006. His endocrinologist 
examined him in 2018 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. Bandy understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Bandy 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 Nebraska.

Douglas E. Barron

    Mr. Barron, 50, has had ITDM since 1981. 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. Barron understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV

[[Page 18629]]

safely. Mr. Barron 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 South Carolina.

Michael R. Batey

    Mr. Batey, 53, has had ITDM since 2016. His endocrinologist 
examined him in 2018 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. Batey understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Batey meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2018 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Iowa.

Wayne A. Buechler

    Mr. Beuchler, 57, has had ITDM since 2017. His endocrinologist 
examined him in 2018 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. Beuchler understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Beuchler meets 
the requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2018 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from South Dakota.

Alexander R. Castell

    Mr. Castell, 23, has had ITDM since 2011. His endocrinologist 
examined him in 2018 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. Castell understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Castell meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2018 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Iowa.

Jeffrey S. Chandler

    Mr. Chandler, 51, has had ITDM since 1982. His endocrinologist 
examined him in 2018 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. Chandler understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Chandler meets 
the requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2018 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Georgia.

Robert D. Clark, Jr.

    Mr. Clark, 64, has had ITDM since 2007. 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. Clark understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Clark 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.

Jimmy D. Coffman

    Mr. Coffman, 57, has had ITDM since 1983. His endocrinologist 
examined him in 2018 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. Coffman understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Coffman meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2018 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Texas.

Dale L. Collin

    Mr. Collin, 52, has had ITDM since 2017. His endocrinologist 
examined him in 2018 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. Collin understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Collin meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2017 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Illinois.

Wilfredo Costa

    Mr. Costa, 62, 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. Costa understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Costa 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 New 
York.

Jeffrey L. Covert

    Mr. Covert, 48, has had ITDM since 2008. His endocrinologist 
examined him in 2018 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist

[[Page 18630]]

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

Terry L. Emenheiser

    Mr. Emenheiser, 52, 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. Emenheiser understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Emenheiser 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 Pennsylvania.

Brendan T. Farnam

    Mr. Farnam, 24, has had ITDM since 1997. His endocrinologist 
examined him in 2018 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. Farnam understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Farnam 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.

Gerard R. Galipeau, Jr.

    Mr. Galipeau, 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. Galipeau understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Galipeau meets 
the requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2018 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Maine.

Steve A. Holifield

    Mr. Holifield, 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. Holifield understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Holifield meets 
the requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2018 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Mississippi.

Jerry W. Howell

    Mr. Howell, 72, has had ITDM since 2017. His endocrinologist 
examined him in 2018 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. Howell understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Howell meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2018 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Arkansas.

Stephen M. Huckleby

    Mr. Huckleby, 30, 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. Huckleby understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Huckleby 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 Kentucky.

David L. Isreal

    Mr. Isreal, 46, has had ITDM since 2017. His endocrinologist 
examined him in 2018 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. Isreal understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Isreal meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2018 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Missouri.

Eric D. Kennedy

    Mr. Kennedy, 42, has had ITDM since 1990. 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. Kennedy understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Kennedy 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 Connecticut.

Jeff F. Kress

    Mr. Kress, 63, has had ITDM since 2015. His endocrinologist 
examined him in 2018 and certified that he has had no severe 
hypoglycemic reactions resulting

[[Page 18631]]

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

John K. Laughlin

    Mr. Laughlin, 32, has had ITDM since 2005. His endocrinologist 
examined him in 2018 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. Laughlin understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Laughlin meets 
the requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2018 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Louisiana.

Alfred G. Love, 3rd

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

Gerald P. Malone

    Mr. Malone, 56, has had ITDM since 2002. 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. Malone understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Malone meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2018 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Iowa.

Volodymyr Marchenko

    Mr. Marchenko, 28, has had ITDM since 2016. His endocrinologist 
examined him in 2018 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. Marchenko understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Marchenko meets 
the requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2018 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from California.

Wayne R. Miller

    Mr. Miller, 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. Miller understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Miller meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2018 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Virginia.

Kennedy T. Moore

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

John A. Morth

    Mr. Morth, 36, 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. Morth understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Morth 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 Ohio.

Keith E. Nichols

    Mr. Nichols, 60, has had ITDM since 2012. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Nichols understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Nichols meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2018 and certified that

[[Page 18632]]

he does not have diabetic retinopathy. He holds an operator's license 
from Iowa.

Craig E. Paczkowski

    Mr. Paczkowski, 53, 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 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. Paczkowski understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Paczkowski meets 
the requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2017 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds an operator's license 
from Florida.

Michael J. Pollart

    Mr. Pollart, 27, has had ITDM since 2006. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Pollart understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Pollart 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 Rhode Island.

James D. Reynolds

    Mr. Reynolds, 64, has had ITDM since 2016. His endocrinologist 
examined him in 2018 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. Reynolds understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Reynolds meets 
the requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2018 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Jordin R. Rhone

    Mr. Rhone, 25, has had ITDM since 2001. His endocrinologist 
examined him in 2018 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. Rhone understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Rhone meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2018 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from New York.

Nathaniel B. Shaw

    Mr. Shaw, 32, has had ITDM since 2003. His endocrinologist examined 
him in 2018 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. Shaw understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Shaw meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him 
in 2018 and certified that he does not have diabetic retinopathy. He 
holds a Class A CDL from Minnesota.

Timothy H. Solomon

    Mr. Solomon, 55, has had ITDM since 2015. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (two or more) severe hypoglycemic episodes in the last five 
years. His endocrinologist certifies that Mr. Solomon understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Solomon meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2017 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Minnesota.

Mark A. Tevis

    Mr. Tevis, 58, 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. Tevis understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Tevis meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2018 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Indiana.

Richard D. Tripp

    Mr. Tripp, 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. Tripp understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Tripp meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2018 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
South Dakota.

Ismael Vasquez

    Mr. Vasquez, 56, 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

[[Page 18633]]

the last five years. His endocrinologist certifies that Mr. Vasquez 
understands diabetes management and monitoring, has stable control of 
his diabetes using insulin, and is able to drive a CMV safely. Mr. 
Vasquez 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 
California.

Travis J. Womack

    Mr. Womack, 33, has had ITDM since 1993. 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. Womack understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Womack 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 North Carolina.

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-2018-0025 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-2018-0025 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: April 18, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08909 Filed 4-26-18; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                                Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices                                        18627

                                               and includes the following: (1) Each                    Deavan T. Jones (MN)                                  vehicle (CMV) in interstate commerce. If
                                               driver must submit a quarterly                          Bryant C. Kongsted (MD)                               granted, the exemptions would enable
                                               monitoring checklist completed by the                   Sandra K. Kostka (MN)                                 these individuals with ITDM to operate
                                               treating endocrinologist as well as an                  Geoffrey A. Kusman (IL)                               CMVs in interstate commerce.
                                               annual checklist with a comprehensive                   Chadwick L. Lekwa (IA)                                DATES: Comments must be received on
                                               medical evaluation; (2) each driver must                Craig W. Lockwood (WI)                                or before May 29, 2018.
                                               report within two business days of                      Joseph A. Malone (CA)                                 ADDRESSES: You may submit comments
                                               occurrence, all episodes of severe                      Chance P. Masterson (OR)                              bearing the Federal Docket Management
                                               hypoglycemia, significant                               Harold W. Meade (VA)                                  System (FDMS) Docket No. FMCSA–
                                               complications, or inability to manage                   Korey E. Molina (VA)                                  2018–0025 using any of the following
                                               diabetes; also, any involvement in an                   Steven G. Ojala (WA)                                  methods:
                                               accident or any other adverse event in                  Kathy L. Pospichal (WI)                                  • Federal eRulemaking Portal: Go to
                                               a CMV or personal vehicle, whether or                   Robert S. Reyes (CA)                                  http://www.regulations.gov. Follow the
                                               not it is related to an episode of                      Robert D. Risk (IN)                                   online instructions for submitting
                                               hypoglycemia; (3) each driver must                      David L. Robson (IA)                                  comments.
                                               provide a copy of the ophthalmologist’s                 Todd D. Rue (MN)                                         • Mail: Docket Management Facility;
                                               or optometrist’s report to the Medical                  Luis A. Saavedra (TX)                                 U.S. Department of Transportation, 1200
                                               Examiner at the time of the annual                      Timothy S. Smith (NC)                                 New Jersey Avenue SE, West Building
                                               medical examination; and (4) each                       Michael E. Smyth (ID)                                 Ground Floor, Room W12–140,
                                               driver must provide a copy of the                       Dennis N. Spake (VA)                                  Washington, DC 20590–0001.
                                               annual medical certification to the                     Vincent F. Strafford (NC)                                • Hand Delivery: West Building
                                               employer for retention in the driver’s                  Frederick W. Stevens (OH)                             Ground Floor, Room W12–140, 1200
                                               qualification file, or keeping a copy in                Jason E. Stocker (VT)                                 New Jersey Avenue SE, Washington,
                                               his/her driver’s qualification file if he/              Thomas L. Tallon (WA)                                 DC, between 9 a.m. and 5 p.m., e.t.,
                                               she is self-employed. The driver must                   Michael L. Vanalstine (OH)                            Monday through Friday, except Federal
                                               also have a copy of the exemption when                  Ralph O. Weathers (IN)                                Holidays.
                                               driving, for presentation to a duly                       In accordance with 49 U.S.C. 31136(e)                  • Fax: 1–202–493–2251.
                                               authorized Federal, State, or local                     and 31315, each exemption will be valid                  Instructions: Each submission must
                                               enforcement official.                                   for two years from the effective date                 include the Agency name and the
                                                                                                       unless revoked earlier by FMCSA. The                  docket number(s) for this notice. Note
                                               VI. Preemption
                                                                                                       exemption will be revoked if the                      that all comments received will be
                                                  During the period the exemption is in                following occurs: (1) The person fails to             posted without change to http://
                                               effect, no State shall enforce any law or               comply with the terms and conditions                  www.regulations.gov, including any
                                               regulation that conflicts with this                     of the exemption; (2) the exemption has               personal information provided. Please
                                               exemption with respect to a person                      resulted in a lower level of safety than              see the Privacy Act heading below for
                                               operating under the exemption.                          was maintained prior to being granted;                further information.
                                                                                                       or (3) continuation of the exemption                     Docket: For access to the docket to
                                               VII. Conclusion
                                                                                                       would not be consistent with the goals                read background documents or
                                                  Based upon its evaluation of the 51                  and objectives of 49 U.S.C. 31136(e) and              comments, go to http://
                                               exemption applications, FMCSA                           31315.                                                www.regulations.gov at any time or
                                               exempts the following drivers from the                                                                        Room W12–140 on the ground level of
                                               diabetes requirement in 49 CFR                            Issued on: April 18, 2018.
                                                                                                                                                             the West Building, 1200 New Jersey
                                               391.41(b)(10), subject to the                           Larry W. Minor,
                                                                                                                                                             Avenue SE, Washington, DC, between 9
                                               requirements cited above:                               Associate Administrator for Policy.                   a.m. and 5 p.m., e.t., Monday through
                                               Carl W. Anderson (PA)                                   [FR Doc. 2018–08923 Filed 4–26–18; 8:45 am]           Friday, except Federal holidays. The
                                               Thomas J. Anderson (CA)                                 BILLING CODE 4910–EX–P                                FDMS is available 24 hours each day
                                               Jorge A. Barra-Del Valle (UT)                                                                                 e.t., 365 days each year. If you want
                                               Jeffery L. Bennett (IL)                                                                                       acknowledgment that we received your
                                               William T. Bookamer, Jr. (TN)                           DEPARTMENT OF TRANSPORTATION                          comments, please include a self-
                                               Ronnie J. Boyd (TN)                                                                                           addressed, stamped envelope or
                                               Travis R. Breakiron (PA)                                Federal Motor Carrier Safety
                                                                                                                                                             postcard or print the acknowledgement
                                               Corey D. Calvert (WI)                                   Administration
                                                                                                                                                             page that appears after submitting
                                               Jon Conley (OH)                                         [Docket No. FMCSA–2018–0025]                          comments online.
                                               Kiva J. Coppage (MO)                                                                                             Privacy Act: In accordance with 5
                                               Peter F. Cox (MA)                                       Qualification of Drivers; Exemption                   U.S.C. 553(c), DOT solicits comments
                                               Kerry P. Daniels (WA)                                   Applications; Diabetes Mellitus                       from the public to better inform its
                                               Joshua M. Dekker (MI)                                                                                         rulemaking process. DOT posts these
                                               Miguel A. Disla (VA)                                    AGENCY: Federal Motor Carrier Safety
                                                                                                       Administration (FMCSA), DOT.                          comments, without edit, including any
                                               Jon R. Easterla (IL)                                                                                          personal information the commenter
                                               Andrew W. Erickson (WY)                                 ACTION: Notice of applications for
                                                                                                                                                             provides, to http://www.regulations.gov,
                                               Martie L. Eubanks (MO)                                  exemption; request for comments.                      as described in the system of records
                                               Dwight G. Farnworth (ID)
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       SUMMARY:  FMCSA announces receipt of                  notice (DOT/ALL–14 FDMS), which can
                                               John A. Gott (MD)
                                                                                                       applications from 40 individuals for an               be reviewed at http://www.dot.gov/
                                               Ian C. Hall (MI)
                                                                                                       exemption from the prohibition in the                 privacy.
                                               Carl L. Harville, Jr. (VA)
                                               Terry L. Helderman (IL)                                 Federal Motor Carrier Safety                          FOR FURTHER INFORMATION CONTACT: Ms.
                                               James M. Hershey (WA)                                   Regulations (FMCSRs) against persons                  Christine A. Hydock, Chief, Medical
                                               Glee D. Jacobs (KS)                                     with insulin-treated diabetes mellitus                Programs Division, (202) 366–4001,
                                               Thomas V. Johnson (IN)                                  (ITDM) operating a commercial motor                   fmcsamedical@dot.gov, FMCSA,


                                          VerDate Sep<11>2014   18:18 Apr 26, 2018   Jkt 244001   PO 00000   Frm 00127   Fmt 4703   Sfmt 4703   E:\FR\FM\27APN1.SGM   27APN1


                                               18628                            Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices

                                               Department of Transportation, 1200                      Efficient Transportation Equity Act: A                examined him in 2017 and certified that
                                               New Jersey Avenue, SE, Room W64–                        Legacy for Users requires the Secretary               he does not have diabetic retinopathy.
                                               224, Washington, DC 20590–0001.                         to revise its diabetes exemption program              He holds an operator’s license from
                                               Office hours are 8:30 a.m. to 5 p.m., e.t.,             established on September 3, 2003 (68 FR               California.
                                               Monday through Friday, except Federal                   52441). The revision must provide for                 Patrick S. Baker
                                               holidays. If you have questions                         individual assessment of drivers with
                                               regarding viewing or submitting                         diabetes mellitus, and be consistent                    Mr. Baker, 40, has had ITDM since
                                               material to the docket, contact Docket                  with the criteria described in section                2015. His endocrinologist examined him
                                               Services, telephone (202) 366–9826.                     4018 of the Transportation Equity Act                 in 2018 and certified that he has had no
                                               SUPPLEMENTARY INFORMATION:                              for the 21st Century (49 U.S.C. 31305).               severe hypoglycemic reactions resulting
                                                                                                       Section 4129 requires: (1) Elimination of             in loss of consciousness, requiring the
                                               I. Background                                                                                                 assistance of another person, or
                                                                                                       the requirement for three years of
                                                  Under 49 U.S.C. 31136(e) and 31315,                  experience operating CMVs while being                 resulting in impaired cognitive function
                                               FMCSA may grant an exemption from                       treated with insulin; and (2)                         that occurred without warning in the
                                               the FMCSRs for a five-year period if it                 establishment of a specified minimum                  past 12 months and no recurrent (two or
                                               finds ‘‘such exemption would likely                     period of insulin use to demonstrate                  more) severe hypoglycemic episodes in
                                               achieve a level of safety that is                       stable control of diabetes before being               the last five years. His endocrinologist
                                               equivalent to or greater than the level                 allowed to operate a CMV.                             certifies that Mr. Baker understands
                                               that would be achieved absent such                         In response to section 4129, FMCSA                 diabetes management and monitoring,
                                               exemption.’’ The statute also allows the                made immediate revisions to the                       has stable control of his diabetes using
                                               Agency to renew exemptions at the end                   diabetes exemption program established                insulin, and is able to drive a CMV
                                               of the five-year period. FMCSA grants                   by the September 3, 2003 notice.                      safely. Mr. Baker meets the
                                               exemptions from the FMCSRs for a two-                   FMCSA discontinued use of the three-                  requirements of the vision standard at
                                               year period to align with the maximum                   year driving experience and fulfilled the             49 CFR 391.41(b)(10). His optometrist
                                               duration of a driver’s medical                          requirements of section 4129 while                    examined him in 2018 and certified that
                                               certification.                                          continuing to ensure that operation of                he does not have diabetic retinopathy.
                                                  The 40 individuals listed in this                    CMVs by drivers with ITDM will                        He holds an operator’s license from
                                               notice have requested an exemption                      achieve the requisite level of safety                 Virginia.
                                               from the diabetes prohibition in 49 CFR                 required of all exemptions granted                    Thomas E. Bandy
                                               391.41(b)(3). Accordingly, the Agency                   under 49 U.S.C. 31136(e). Section
                                               will evaluate the qualifications of each                                                                        Mr. Bandy, 40, has had ITDM since
                                                                                                       4129(d) also directed FMCSA to ensure
                                               applicant to determine whether granting                                                                       2006. His endocrinologist examined him
                                                                                                       that drivers of CMVs with ITDM are not
                                               the exemption will achieve the required                                                                       in 2018 and certified that he has had no
                                                                                                       held to a higher standard than other
                                               level of safety mandated by statute.                                                                          severe hypoglycemic reactions resulting
                                                                                                       drivers, with the exception of limited
                                                  The physical qualification standard                                                                        in loss of consciousness, requiring the
                                                                                                       operating, monitoring and medical
                                               for drivers regarding diabetes found in                                                                       assistance of another person, or
                                                                                                       requirements that are deemed medically
                                               49 CFR 391.41(b)(3) states that a person                                                                      resulting in impaired cognitive function
                                                                                                       necessary. The FMCSA concluded that
                                               is physically qualified to drive a CMV                                                                        that occurred without warning in the
                                                                                                       all of the operating, monitoring and
                                               if that person has no established                                                                             past 12 months and no recurrent (two or
                                                                                                       medical requirements set out in the
                                               medical history or clinical diagnosis of                                                                      more) severe hypoglycemic episodes in
                                                                                                       September 3, 2003, notice, except as
                                               diabetes mellitus currently requiring                                                                         the last five years. His endocrinologist
                                                                                                       modified, were in compliance with
                                               insulin for control. The Agency                                                                               certifies that Mr. Bandy understands
                                                                                                       section 4129(d). Therefore, all of the
                                               established the current requirement for                                                                       diabetes management and monitoring,
                                                                                                       requirements set out in the September 3,
                                               diabetes in 1970 because several risk                                                                         has stable control of his diabetes using
                                                                                                       2003, notice, except as modified by the
                                               studies indicated that drivers with                                                                           insulin, and is able to drive a CMV
                                                                                                       notice in the Federal Register on
                                               diabetes had a higher rate of crash                                                                           safely. Mr. Bandy meets the
                                               involvement than the general                            November 8, 2005 (70 FR 67777),
                                                                                                                                                             requirements of the vision standard at
                                               population.                                             remain in effect.
                                                                                                                                                             49 CFR 391.41(b)(10). His optometrist
                                                  FMCSA established its diabetes                       II. Qualifications of Applicants                      examined him in 2017 and certified that
                                               exemption program, based on the                                                                               he does not have diabetic retinopathy.
                                               Agency’s July 2000 study entitled ‘‘A                   Waael Abuhijab
                                                                                                                                                             He holds an operator’s license from
                                               Report to Congress on the Feasibility of                  Mr. Abuhijab, 34, has had ITDM since                Nebraska.
                                               a Program to Qualify Individuals with                   2008. His endocrinologist examined him
                                               Insulin-Treated Diabetes Mellitus to                    in 2017 and certified that he has had no              Douglas E. Barron
                                               Operate in Interstate Commerce as                       severe hypoglycemic reactions resulting                 Mr. Barron, 50, has had ITDM since
                                               Directed by the Transportation Act for                  in loss of consciousness, requiring the               1981. His endocrinologist examined him
                                               the 21st Century.’’ The report concluded                assistance of another person, or                      in 2017 and certified that he has had no
                                               that a safe and practicable protocol to                 resulting in impaired cognitive function              severe hypoglycemic reactions resulting
                                               allow some drivers with ITDM to                         that occurred without warning in the                  in loss of consciousness, requiring the
                                               operate CMVs is feasible. The                           past 12 months and no recurrent (two or               assistance of another person, or
                                               September 3, 2003 (68 FR 52441),                        more) severe hypoglycemic episodes in                 resulting in impaired cognitive function
                                               Federal Register notice in conjunction                  the last five years. His endocrinologist              that occurred without warning in the
daltland on DSKBBV9HB2PROD with NOTICES




                                               with the November 8, 2005 (70 FR                        certifies that Mr. Abuhijab understands               past 12 months and no recurrent (two or
                                               67777), Federal Register notice provides                diabetes management and monitoring,                   more) severe hypoglycemic episodes in
                                               the current protocol for allowing such                  has stable control of his diabetes using              the last five years. His endocrinologist
                                               drivers to operate CMVs in interstate                   insulin, and is able to drive a CMV                   certifies that Mr. Barron understands
                                               commerce.                                               safely. Mr. Abuhijab meets the                        diabetes management and monitoring,
                                                  FMCSA notes that section 4129 of the                 requirements of the vision standard at                has stable control of his diabetes using
                                               Safe, Accountable, Flexible and                         49 CFR 391.41(b)(10). His optometrist                 insulin, and is able to drive a CMV


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                                                                                Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices                                         18629

                                               safely. Mr. Barron meets the                            has stable control of his diabetes using              diabetes management and monitoring,
                                               requirements of the vision standard at                  insulin, and is able to drive a CMV                   has stable control of his diabetes using
                                               49 CFR 391.41(b)(10). His optometrist                   safely. Mr. Castell meets the                         insulin, and is able to drive a CMV
                                               examined him in 2017 and certified that                 requirements of the vision standard at                safely. Mr. Coffman meets the
                                               he does not have diabetic retinopathy.                  49 CFR 391.41(b)(10). His optometrist                 requirements of the vision standard at
                                               He holds an operator’s license from                     examined him in 2018 and certified that               49 CFR 391.41(b)(10). His optometrist
                                               South Carolina.                                         he does not have diabetic retinopathy.                examined him in 2018 and certified that
                                                                                                       He holds an operator’s license from                   he does not have diabetic retinopathy.
                                               Michael R. Batey
                                                                                                       Iowa.                                                 He holds a Class A CDL from Texas.
                                                 Mr. Batey, 53, has had ITDM since
                                               2016. His endocrinologist examined him                  Jeffrey S. Chandler                                   Dale L. Collin
                                               in 2018 and certified that he has had no                   Mr. Chandler, 51, has had ITDM since                 Mr. Collin, 52, has had ITDM since
                                               severe hypoglycemic reactions resulting                 1982. His endocrinologist examined him                2017. His endocrinologist examined him
                                               in loss of consciousness, requiring the                 in 2018 and certified that he has had no              in 2018 and certified that he has had no
                                               assistance of another person, or                        severe hypoglycemic reactions resulting               severe hypoglycemic reactions resulting
                                               resulting in impaired cognitive function                in loss of consciousness, requiring the               in loss of consciousness, requiring the
                                               that occurred without warning in the                    assistance of another person, or                      assistance of another person, or
                                               past 12 months and no recurrent (two or                 resulting in impaired cognitive function              resulting in impaired cognitive function
                                               more) severe hypoglycemic episodes in                   that occurred without warning in the                  that occurred without warning in the
                                               the last five years. His endocrinologist                past 12 months and no recurrent (two or               past 12 months and no recurrent (two or
                                               certifies that Mr. Batey understands                    more) severe hypoglycemic episodes in                 more) severe hypoglycemic episodes in
                                               diabetes management and monitoring,                     the last five years. His endocrinologist              the last five years. His endocrinologist
                                               has stable control of his diabetes using                certifies that Mr. Chandler understands               certifies that Mr. Collin understands
                                               insulin, and is able to drive a CMV                     diabetes management and monitoring,                   diabetes management and monitoring,
                                               safely. Mr. Batey meets the requirements                has stable control of his diabetes using              has stable control of his diabetes using
                                               of the vision standard at 49 CFR                        insulin, and is able to drive a CMV                   insulin, and is able to drive a CMV
                                               391.41(b)(10). His optometrist examined                 safely. Mr. Chandler meets the                        safely. Mr. Collin meets the
                                               him in 2018 and certified that he does                  requirements of the vision standard at                requirements of the vision standard at
                                               not have diabetic retinopathy. He holds                 49 CFR 391.41(b)(10). His optometrist                 49 CFR 391.41(b)(10). His optometrist
                                               a Class A CDL from Iowa.                                examined him in 2018 and certified that               examined him in 2017 and certified that
                                                                                                       he does not have diabetic retinopathy.                he does not have diabetic retinopathy.
                                               Wayne A. Buechler
                                                                                                       He holds a Class A CDL from Georgia.                  He holds a Class A CDL from Illinois.
                                                 Mr. Beuchler, 57, has had ITDM since
                                               2017. His endocrinologist examined him                  Robert D. Clark, Jr.                                  Wilfredo Costa
                                               in 2018 and certified that he has had no                  Mr. Clark, 64, has had ITDM since                      Mr. Costa, 62, has had ITDM since
                                               severe hypoglycemic reactions resulting                 2007. His endocrinologist examined him                2015. His endocrinologist examined him
                                               in loss of consciousness, requiring the                 in 2017 and certified that he has had no              in 2017 and certified that he has had no
                                               assistance of another person, or                        severe hypoglycemic reactions resulting               severe hypoglycemic reactions resulting
                                               resulting in impaired cognitive function                in loss of consciousness, requiring the               in loss of consciousness, requiring the
                                               that occurred without warning in the                    assistance of another person, or                      assistance of another person, or
                                               past 12 months and no recurrent (two or                 resulting in impaired cognitive function              resulting in impaired cognitive function
                                               more) severe hypoglycemic episodes in                   that occurred without warning in the                  that occurred without warning in the
                                               the last five years. His endocrinologist                past 12 months and no recurrent (two or               past 12 months and no recurrent (two or
                                               certifies that Mr. Beuchler understands                 more) severe hypoglycemic episodes in                 more) severe hypoglycemic episodes in
                                               diabetes management and monitoring,                     the last five years. His endocrinologist              the last five years. His endocrinologist
                                               has stable control of his diabetes using                certifies that Mr. Clark understands                  certifies that Mr. Costa understands
                                               insulin, and is able to drive a CMV                     diabetes management and monitoring,                   diabetes management and monitoring,
                                               safely. Mr. Beuchler meets the                          has stable control of his diabetes using              has stable control of his diabetes using
                                               requirements of the vision standard at                  insulin, and is able to drive a CMV                   insulin, and is able to drive a CMV
                                               49 CFR 391.41(b)(10). His                               safely. Mr. Clark meets the requirements              safely. Mr. Costa meets the requirements
                                               ophthalmologist examined him in 2018                    of the vision standard at 49 CFR                      of the vision standard at 49 CFR
                                               and certified that he does not have                     391.41(b)(10). His ophthalmologist                    391.41(b)(10). His ophthalmologist
                                               diabetic retinopathy. He holds a Class A                examined him in 2017 and certified that               examined him in 2017 and certified that
                                               CDL from South Dakota.                                  he does not have diabetic retinopathy.                he has stable nonproliferative diabetic
                                                                                                       He holds a Class B CDL from New York.                 retinopathy. He holds a Class A CDL
                                               Alexander R. Castell
                                                                                                                                                             from New York.
                                                 Mr. Castell, 23, has had ITDM since                   Jimmy D. Coffman
                                               2011. His endocrinologist examined him                    Mr. Coffman, 57, has had ITDM since                 Jeffrey L. Covert
                                               in 2018 and certified that he has had no                1983. His endocrinologist examined him                   Mr. Covert, 48, has had ITDM since
                                               severe hypoglycemic reactions resulting                 in 2018 and certified that he has had no              2008. His endocrinologist examined him
                                               in loss of consciousness, requiring the                 severe hypoglycemic reactions resulting               in 2018 and certified that he has had no
                                               assistance of another person, or                        in loss of consciousness, requiring the               severe hypoglycemic reactions resulting
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                                               resulting in impaired cognitive function                assistance of another person, or                      in loss of consciousness, requiring the
                                               that occurred without warning in the                    resulting in impaired cognitive function              assistance of another person, or
                                               past 12 months and no recurrent (two or                 that occurred without warning in the                  resulting in impaired cognitive function
                                               more) severe hypoglycemic episodes in                   past 12 months and no recurrent (two or               that occurred without warning in the
                                               the last five years. His endocrinologist                more) severe hypoglycemic episodes in                 past 12 months and no recurrent (two or
                                               certifies that Mr. Castell understands                  the last five years. His endocrinologist              more) severe hypoglycemic episodes in
                                               diabetes management and monitoring,                     certifies that Mr. Coffman understands                the last five years. His endocrinologist


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                                               18630                            Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices

                                               certifies that Mr. Covert understands                   that occurred without warning in the                  resulting in impaired cognitive function
                                               diabetes management and monitoring,                     past 12 months and no recurrent (two or               that occurred without warning in the
                                               has stable control of his diabetes using                more) severe hypoglycemic episodes in                 past 12 months and no recurrent (two or
                                               insulin, and is able to drive a CMV                     the last five years. His endocrinologist              more) severe hypoglycemic episodes in
                                               safely. Mr. Covert meets the                            certifies that Mr. Galipeau understands               the last five years. His endocrinologist
                                               requirements of the vision standard at                  diabetes management and monitoring,                   certifies that Mr. Huckleby understands
                                               49 CFR 391.41(b)(10). His                               has stable control of his diabetes using              diabetes management and monitoring,
                                               ophthalmologist examined him in 2017                    insulin, and is able to drive a CMV                   has stable control of his diabetes using
                                               and certified that he does not have                     safely. Mr. Galipeau meets the                        insulin, and is able to drive a CMV
                                               diabetic retinopathy. He holds an                       requirements of the vision standard at                safely. Mr. Huckleby meets the
                                               operator’s license from Arkansas.                       49 CFR 391.41(b)(10). His optometrist                 requirements of the vision standard at
                                                                                                       examined him in 2018 and certified that               49 CFR 391.41(b)(10). His optometrist
                                               Terry L. Emenheiser
                                                                                                       he does not have diabetic retinopathy.                examined him in 2017 and certified that
                                                  Mr. Emenheiser, 52, has had ITDM                     He holds a Class A CDL from Maine.                    he does not have diabetic retinopathy.
                                               since 2017. His endocrinologist                                                                               He holds an operator’s license from
                                               examined him in 2017 and certified that                 Steve A. Holifield
                                                                                                                                                             Kentucky.
                                               he has had no severe hypoglycemic                         Mr. Holifield, 62, has had ITDM since
                                               reactions resulting in loss of                          2017. His endocrinologist examined him                David L. Isreal
                                               consciousness, requiring the assistance                 in 2017 and certified that he has had no                Mr. Isreal, 46, has had ITDM since
                                               of another person, or resulting in                      severe hypoglycemic reactions resulting               2017. His endocrinologist examined him
                                               impaired cognitive function that                        in loss of consciousness, requiring the               in 2018 and certified that he has had no
                                               occurred without warning in the past 12                 assistance of another person, or                      severe hypoglycemic reactions resulting
                                               months and no recurrent (two or more)                   resulting in impaired cognitive function              in loss of consciousness, requiring the
                                               severe hypoglycemic episodes in the                     that occurred without warning in the                  assistance of another person, or
                                               last five years. His endocrinologist                    past 12 months and no recurrent (two or               resulting in impaired cognitive function
                                               certifies that Mr. Emenheiser                           more) severe hypoglycemic episodes in                 that occurred without warning in the
                                               understands diabetes management and                     the last five years. His endocrinologist              past 12 months and no recurrent (two or
                                               monitoring, has stable control of his                   certifies that Mr. Holifield understands              more) severe hypoglycemic episodes in
                                               diabetes using insulin, and is able to                  diabetes management and monitoring,                   the last five years. His endocrinologist
                                               drive a CMV safely. Mr. Emenheiser                      has stable control of his diabetes using              certifies that Mr. Isreal understands
                                               meets the requirements of the vision                    insulin, and is able to drive a CMV                   diabetes management and monitoring,
                                               standard at 49 CFR 391.41(b)(10). His                   safely. Mr. Holifield meets the                       has stable control of his diabetes using
                                               optometrist examined him in 2017 and                    requirements of the vision standard at                insulin, and is able to drive a CMV
                                               certified that he does not have diabetic                49 CFR 391.41(b)(10). His optometrist                 safely. Mr. Isreal meets the requirements
                                               retinopathy. He holds a Class A CDL                     examined him in 2018 and certified that               of the vision standard at 49 CFR
                                               from Pennsylvania.                                      he does not have diabetic retinopathy.                391.41(b)(10). His optometrist examined
                                                                                                       He holds a Class A CDL from                           him in 2018 and certified that he does
                                               Brendan T. Farnam
                                                                                                       Mississippi.                                          not have diabetic retinopathy. He holds
                                                 Mr. Farnam, 24, has had ITDM since                                                                          a Class A CDL from Missouri.
                                               1997. His endocrinologist examined him                  Jerry W. Howell
                                               in 2018 and certified that he has had no                  Mr. Howell, 72, has had ITDM since                  Eric D. Kennedy
                                               severe hypoglycemic reactions resulting                 2017. His endocrinologist examined him                  Mr. Kennedy, 42, has had ITDM since
                                               in loss of consciousness, requiring the                 in 2018 and certified that he has had no              1990. His endocrinologist examined him
                                               assistance of another person, or                        severe hypoglycemic reactions resulting               in 2017 and certified that he has had no
                                               resulting in impaired cognitive function                in loss of consciousness, requiring the               severe hypoglycemic reactions resulting
                                               that occurred without warning in the                    assistance of another person, or                      in loss of consciousness, requiring the
                                               past 12 months and no recurrent (two or                 resulting in impaired cognitive function              assistance of another person, or
                                               more) severe hypoglycemic episodes in                   that occurred without warning in the                  resulting in impaired cognitive function
                                               the last five years. His endocrinologist                past 12 months and no recurrent (two or               that occurred without warning in the
                                               certifies that Mr. Farnam understands                   more) severe hypoglycemic episodes in                 past 12 months and no recurrent (two or
                                               diabetes management and monitoring,                     the last five years. His endocrinologist              more) severe hypoglycemic episodes in
                                               has stable control of his diabetes using                certifies that Mr. Howell understands                 the last five years. His endocrinologist
                                               insulin, and is able to drive a CMV                     diabetes management and monitoring,                   certifies that Mr. Kennedy understands
                                               safely. Mr. Farnam meets the                            has stable control of his diabetes using              diabetes management and monitoring,
                                               requirements of the vision standard at                  insulin, and is able to drive a CMV                   has stable control of his diabetes using
                                               49 CFR 391.41(b)(10). His optometrist                   safely. Mr. Howell meets the                          insulin, and is able to drive a CMV
                                               examined him in 2017 and certified that                 requirements of the vision standard at                safely. Mr. Kennedy meets the
                                               he does not have diabetic retinopathy.                  49 CFR 391.41(b)(10). His optometrist                 requirements of the vision standard at
                                               He holds an operator’s license from                     examined him in 2018 and certified that               49 CFR 391.41(b)(10). His optometrist
                                               Massachusetts.                                          he does not have diabetic retinopathy.                examined him in 2017 and certified that
                                                                                                       He holds a Class A CDL from Arkansas.                 he does not have diabetic retinopathy.
                                               Gerard R. Galipeau, Jr.
                                                                                                                                                             He holds an operator’s license from
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                                                 Mr. Galipeau, 49, has had ITDM since                  Stephen M. Huckleby
                                                                                                                                                             Connecticut.
                                               2017. His endocrinologist examined him                    Mr. Huckleby, 30, has had ITDM since
                                               in 2017 and certified that he has had no                2016. His endocrinologist examined him                Jeff F. Kress
                                               severe hypoglycemic reactions resulting                 in 2017 and certified that he has had no                 Mr. Kress, 63, has had ITDM since
                                               in loss of consciousness, requiring the                 severe hypoglycemic reactions resulting               2015. His endocrinologist examined him
                                               assistance of another person, or                        in loss of consciousness, requiring the               in 2018 and certified that he has had no
                                               resulting in impaired cognitive function                assistance of another person, or                      severe hypoglycemic reactions resulting


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                                                                                Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices                                        18631

                                               in loss of consciousness, requiring the                 severe hypoglycemic reactions resulting               Kennedy T. Moore
                                               assistance of another person, or                        in loss of consciousness, requiring the                 Mr. Moore, 47, has had ITDM since
                                               resulting in impaired cognitive function                assistance of another person, or                      2011. His endocrinologist examined him
                                               that occurred without warning in the                    resulting in impaired cognitive function              in 2017 and certified that he has had no
                                               past 12 months and no recurrent (two or                 that occurred without warning in the                  severe hypoglycemic reactions resulting
                                               more) severe hypoglycemic episodes in                   past 12 months and no recurrent (two or               in loss of consciousness, requiring the
                                               the last five years. His endocrinologist                more) severe hypoglycemic episodes in                 assistance of another person, or
                                               certifies that Mr. Kress understands                    the last five years. His endocrinologist              resulting in impaired cognitive function
                                               diabetes management and monitoring,                     certifies that Mr. Malone understands                 that occurred without warning in the
                                               has stable control of his diabetes using                diabetes management and monitoring,                   past 12 months and no recurrent (two or
                                               insulin, and is able to drive a CMV                     has stable control of his diabetes using              more) severe hypoglycemic episodes in
                                               safely. Mr. Kress meets the requirements                insulin, and is able to drive a CMV                   the last five years. His endocrinologist
                                               of the vision standard at 49 CFR
                                                                                                       safely. Mr. Malone meets the                          certifies that Mr. Moore understands
                                               391.41(b)(10). His optometrist examined
                                                                                                       requirements of the vision standard at                diabetes management and monitoring,
                                               him in 2017 and certified that he does
                                                                                                       49 CFR 391.41(b)(10). His optometrist                 has stable control of his diabetes using
                                               not have diabetic retinopathy. He holds
                                                                                                       examined him in 2018 and certified that               insulin, and is able to drive a CMV
                                               an operator’s license from Minnesota.
                                                                                                       he does not have diabetic retinopathy.                safely. Mr. Moore meets the
                                               John K. Laughlin                                        He holds a Class A CDL from Iowa.                     requirements of the vision standard at
                                                 Mr. Laughlin, 32, has had ITDM since                                                                        49 CFR 391.41(b)(10). His
                                                                                                       Volodymyr Marchenko                                   ophthalmologist examined him in 2017
                                               2005. His endocrinologist examined him
                                               in 2018 and certified that he has had no                  Mr. Marchenko, 28, has had ITDM                     and certified that he has stable
                                               severe hypoglycemic reactions resulting                                                                       nonproliferative diabetic retinopathy.
                                                                                                       since 2016. His endocrinologist
                                               in loss of consciousness, requiring the                                                                       He holds a Class A CDL from Florida.
                                                                                                       examined him in 2018 and certified that
                                               assistance of another person, or                        he has had no severe hypoglycemic                     John A. Morth
                                               resulting in impaired cognitive function                reactions resulting in loss of
                                               that occurred without warning in the                                                                            Mr. Morth, 36, has had ITDM since
                                                                                                       consciousness, requiring the assistance               2010. His endocrinologist examined him
                                               past 12 months and no recurrent (two or                 of another person, or resulting in
                                               more) severe hypoglycemic episodes in                                                                         in 2017 and certified that he has had no
                                                                                                       impaired cognitive function that                      severe hypoglycemic reactions resulting
                                               the last five years. His endocrinologist                occurred without warning in the past 12
                                               certifies that Mr. Laughlin understands                                                                       in loss of consciousness, requiring the
                                                                                                       months and no recurrent (two or more)                 assistance of another person, or
                                               diabetes management and monitoring,
                                                                                                       severe hypoglycemic episodes in the                   resulting in impaired cognitive function
                                               has stable control of his diabetes using
                                                                                                       last five years. His endocrinologist                  that occurred without warning in the
                                               insulin, and is able to drive a CMV
                                               safely. Mr. Laughlin meets the                          certifies that Mr. Marchenko                          past 12 months and no recurrent (two or
                                               requirements of the vision standard at                  understands diabetes management and                   more) severe hypoglycemic episodes in
                                               49 CFR 391.41(b)(10). His optometrist                   monitoring, has stable control of his                 the last five years. His endocrinologist
                                               examined him in 2018 and certified that                 diabetes using insulin, and is able to                certifies that Mr. Morth understands
                                               he does not have diabetic retinopathy.                  drive a CMV safely. Mr. Marchenko                     diabetes management and monitoring,
                                               He holds an operator’s license from                     meets the requirements of the vision                  has stable control of his diabetes using
                                               Louisiana.                                              standard at 49 CFR 391.41(b)(10). His                 insulin, and is able to drive a CMV
                                                                                                       ophthalmologist examined him in 2018                  safely. Mr. Morth meets the
                                               Alfred G. Love, 3rd                                     and certified that he does not have                   requirements of the vision standard at
                                                 Mr. Love, 63, has had ITDM since                      diabetic retinopathy. He holds a Class A              49 CFR 391.41(b)(10). His
                                               2015. His endocrinologist examined him                  CDL from California.                                  ophthalmologist examined him in 2017
                                               in 2017 and certified that he has had no                                                                      and certified that he does not have
                                               severe hypoglycemic reactions resulting                 Wayne R. Miller                                       diabetic retinopathy. He holds an
                                               in loss of consciousness, requiring the                                                                       operator’s license from Ohio.
                                                                                                         Mr. Miller, 62, has had ITDM since
                                               assistance of another person, or                        2017. His endocrinologist examined him                Keith E. Nichols
                                               resulting in impaired cognitive function                in 2017 and certified that he has had no
                                               that occurred without warning in the                                                                            Mr. Nichols, 60, has had ITDM since
                                                                                                       severe hypoglycemic reactions resulting               2012. His endocrinologist examined him
                                               past 12 months and no recurrent (two or
                                                                                                       in loss of consciousness, requiring the               in 2017 and certified that he has had no
                                               more) severe hypoglycemic episodes in
                                                                                                       assistance of another person, or                      severe hypoglycemic reactions resulting
                                               the last five years. His endocrinologist
                                                                                                       resulting in impaired cognitive function              in loss of consciousness, requiring the
                                               certifies that Mr. Love understands
                                                                                                       that occurred without warning in the                  assistance of another person, or
                                               diabetes management and monitoring,
                                                                                                       past 12 months and no recurrent (two or               resulting in impaired cognitive function
                                               has stable control of his diabetes using
                                               insulin, and is able to drive a CMV                     more) severe hypoglycemic episodes in                 that occurred without warning in the
                                               safely. Mr. Love meets the requirements                 the last five years. His endocrinologist              past 12 months and no recurrent (two or
                                               of the vision standard at 49 CFR                        certifies that Mr. Miller understands                 more) severe hypoglycemic episodes in
                                               391.41(b)(10). His optometrist examined                 diabetes management and monitoring,                   the last five years. His endocrinologist
                                               him in 2017 and certified that he does                  has stable control of his diabetes using              certifies that Mr. Nichols understands
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                                               not have diabetic retinopathy. He holds                 insulin, and is able to drive a CMV                   diabetes management and monitoring,
                                               a Class B CDL from Delaware.                            safely. Mr. Miller meets the                          has stable control of his diabetes using
                                                                                                       requirements of the vision standard at                insulin, and is able to drive a CMV
                                               Gerald P. Malone                                        49 CFR 391.41(b)(10). His optometrist                 safely. Mr. Nichols meets the
                                                 Mr. Malone, 56, has had ITDM since                    examined him in 2018 and certified that               requirements of the vision standard at
                                               2002. His endocrinologist examined him                  he does not have diabetic retinopathy.                49 CFR 391.41(b)(10). His optometrist
                                               in 2017 and certified that he has had no                He holds a Class A CDL from Virginia.                 examined him in 2018 and certified that


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                                               18632                            Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices

                                               he does not have diabetic retinopathy.                  insulin, and is able to drive a CMV                   has stable control of his diabetes using
                                               He holds an operator’s license from                     safely. Mr. Reynolds meets the                        insulin, and is able to drive a CMV
                                               Iowa.                                                   requirements of the vision standard at                safely. Mr. Solomon meets the
                                                                                                       49 CFR 391.41(b)(10). His optometrist                 requirements of the vision standard at
                                               Craig E. Paczkowski
                                                                                                       examined him in 2018 and certified that               49 CFR 391.41(b)(10). His optometrist
                                                 Mr. Paczkowski, 53, has had ITDM                      he does not have diabetic retinopathy.                examined him in 2017 and certified that
                                               since 2004. His endocrinologist                         He holds a Class A CDL from                           he has stable nonproliferative diabetic
                                               examined him in 2017 and certified that                 Pennsylvania.                                         retinopathy. He holds a Class A CDL
                                               he has had no severe hypoglycemic                                                                             from Minnesota.
                                               reactions resulting in loss of                          Jordin R. Rhone
                                               consciousness, requiring the assistance                   Mr. Rhone, 25, has had ITDM since                   Mark A. Tevis
                                               of another person, or resulting in                      2001. His endocrinologist examined him                  Mr. Tevis, 58, has had ITDM since
                                               impaired cognitive function that                        in 2018 and certified that he has had no              2015. His endocrinologist examined him
                                               occurred without warning in the past 12                 severe hypoglycemic reactions resulting               in 2017 and certified that he has had no
                                               months and no recurrent (two or more)                   in loss of consciousness, requiring the               severe hypoglycemic reactions resulting
                                               severe hypoglycemic episodes in the                     assistance of another person, or                      in loss of consciousness, requiring the
                                               last five years. His endocrinologist                    resulting in impaired cognitive function              assistance of another person, or
                                               certifies that Mr. Paczkowski                           that occurred without warning in the                  resulting in impaired cognitive function
                                               understands diabetes management and                     past 12 months and no recurrent (two or               that occurred without warning in the
                                               monitoring, has stable control of his                   more) severe hypoglycemic episodes in                 past 12 months and no recurrent (two or
                                               diabetes using insulin, and is able to                  the last five years. His endocrinologist              more) severe hypoglycemic episodes in
                                               drive a CMV safely. Mr. Paczkowski                      certifies that Mr. Rhone understands                  the last five years. His endocrinologist
                                               meets the requirements of the vision                    diabetes management and monitoring,                   certifies that Mr. Tevis understands
                                               standard at 49 CFR 391.41(b)(10). His                   has stable control of his diabetes using              diabetes management and monitoring,
                                               ophthalmologist examined him in 2017                    insulin, and is able to drive a CMV                   has stable control of his diabetes using
                                               and certified that he has stable                        safely. Mr. Rhone meets the                           insulin, and is able to drive a CMV
                                               nonproliferative diabetic retinopathy.                  requirements of the vision standard at                safely. Mr. Tevis meets the requirements
                                               He holds an operator’s license from                     49 CFR 391.41(b)(10). His optometrist                 of the vision standard at 49 CFR
                                               Florida.                                                examined him in 2018 and certified that               391.41(b)(10). His optometrist examined
                                                                                                       he does not have diabetic retinopathy.                him in 2018 and certified that he does
                                               Michael J. Pollart
                                                                                                       He holds a Class B CDL from New York.                 not have diabetic retinopathy. He holds
                                                 Mr. Pollart, 27, has had ITDM since                                                                         an operator’s license from Indiana.
                                               2006. His endocrinologist examined him                  Nathaniel B. Shaw
                                               in 2017 and certified that he has had no                  Mr. Shaw, 32, has had ITDM since                    Richard D. Tripp
                                               severe hypoglycemic reactions resulting                 2003. His endocrinologist examined him                  Mr. Tripp, 64, has had ITDM since
                                               in loss of consciousness, requiring the                 in 2018 and certified that he has had no              2017. His endocrinologist examined him
                                               assistance of another person, or                        severe hypoglycemic reactions resulting               in 2017 and certified that he has had no
                                               resulting in impaired cognitive function                in loss of consciousness, requiring the               severe hypoglycemic reactions resulting
                                               that occurred without warning in the                    assistance of another person, or                      in loss of consciousness, requiring the
                                               past 12 months and no recurrent (two or                 resulting in impaired cognitive function              assistance of another person, or
                                               more) severe hypoglycemic episodes in                   that occurred without warning in the                  resulting in impaired cognitive function
                                               the last five years. His endocrinologist                past 12 months and no recurrent (two or               that occurred without warning in the
                                               certifies that Mr. Pollart understands                  more) severe hypoglycemic episodes in                 past 12 months and no recurrent (two or
                                               diabetes management and monitoring,                     the last five years. His endocrinologist              more) severe hypoglycemic episodes in
                                               has stable control of his diabetes using                certifies that Mr. Shaw understands                   the last five years. His endocrinologist
                                               insulin, and is able to drive a CMV                     diabetes management and monitoring,                   certifies that Mr. Tripp understands
                                               safely. Mr. Pollart meets the                           has stable control of his diabetes using              diabetes management and monitoring,
                                               requirements of the vision standard at                  insulin, and is able to drive a CMV                   has stable control of his diabetes using
                                               49 CFR 391.41(b)(10). His optometrist                   safely. Mr. Shaw meets the requirements               insulin, and is able to drive a CMV
                                               examined him in 2017 and certified that                 of the vision standard at 49 CFR                      safely. Mr. Tripp meets the
                                               he does not have diabetic retinopathy.                  391.41(b)(10). His optometrist examined               requirements of the vision standard at
                                               He holds an operator’s license from                     him in 2018 and certified that he does                49 CFR 391.41(b)(10). His
                                               Rhode Island.                                           not have diabetic retinopathy. He holds               ophthalmologist examined him in 2018
                                                                                                       a Class A CDL from Minnesota.                         and certified that he has stable
                                               James D. Reynolds
                                                                                                                                                             nonproliferative diabetic retinopathy.
                                                 Mr. Reynolds, 64, has had ITDM since                  Timothy H. Solomon
                                                                                                                                                             He holds a Class A CDL from South
                                               2016. His endocrinologist examined him                    Mr. Solomon, 55, has had ITDM since                 Dakota.
                                               in 2018 and certified that he has had no                2015. His endocrinologist examined him
                                               severe hypoglycemic reactions resulting                 in 2017 and certified that he has had no              Ismael Vasquez
                                               in loss of consciousness, requiring the                 severe hypoglycemic reactions resulting                 Mr. Vasquez, 56, has had ITDM since
                                               assistance of another person, or                        in loss of consciousness, requiring the               2017. His endocrinologist examined him
                                               resulting in impaired cognitive function                assistance of another person, or                      in 2017 and certified that he has had no
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                                               that occurred without warning in the                    resulting in impaired cognitive function              severe hypoglycemic reactions resulting
                                               past 12 months and no recurrent (two or                 that occurred without warning in the                  in loss of consciousness, requiring the
                                               more) severe hypoglycemic episodes in                   past 12 months and no recurrent (two or               assistance of another person, or
                                               the last five years. His endocrinologist                more) severe hypoglycemic episodes in                 resulting in impaired cognitive function
                                               certifies that Mr. Reynolds understands                 the last five years. His endocrinologist              that occurred without warning in the
                                               diabetes management and monitoring,                     certifies that Mr. Solomon understands                past 12 months and no recurrent (two or
                                               has stable control of his diabetes using                diabetes management and monitoring,                   more) severe hypoglycemic episodes in


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                                                                                Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices                                         18633

                                               the last five years. His endocrinologist                provide a reason for each suggestion or               regarding viewing or submitting
                                               certifies that Mr. Vasquez understands                  recommendation. If you submit your                    material to the docket, contact Docket
                                               diabetes management and monitoring,                     comments by mail or hand delivery,                    Services, telephone (202) 366–9826.
                                               has stable control of his diabetes using                submit them in an unbound format, no
                                                                                                                                                             SUPPLEMENTARY INFORMATION:
                                               insulin, and is able to drive a CMV                     larger than 81⁄2 by 11 inches, suitable for
                                               safely. Mr. Vasquez meets the                           copying and electronic filing. If you                 I. Electronic Access
                                               requirements of the vision standard at                  submit comments by mail and would
                                               49 CFR 391.41(b)(10). His optometrist                   like to know that they reached the                       You may see all the comments online
                                               examined him in 2017 and certified that                 facility, please enclose a stamped, self-             through the Federal Document
                                               he does not have diabetic retinopathy.                  addressed postcard or envelope.                       Management System (FDMS) at: http://
                                               He holds a Class A CDL from California.                    We will consider all comments and                  www.regulations.gov.
                                               Travis J. Womack                                        materials received during the comment                    Docket: For access to the docket to
                                                                                                       period. FMCSA may issue a final                       read background documents or
                                                 Mr. Womack, 33, has had ITDM since                    determination at any time after the close             comments, go to http://
                                               1993. His endocrinologist examined him                  of the comment period.                                www.regulations.gov and/or Room
                                               in 2017 and certified that he has had no                                                                      W12–140 on the ground level of the
                                               severe hypoglycemic reactions resulting                 V. Viewing Comments and Documents
                                                                                                                                                             West Building, 1200 New Jersey Avenue
                                               in loss of consciousness, requiring the                   To view comments, as well as any                    SE, Washington, DC, between 9 a.m. and
                                               assistance of another person, or                        documents mentioned in this preamble,                 5 p.m., e.t., Monday through Friday,
                                               resulting in impaired cognitive function                go to http://www.regulations.gov and in               except Federal holidays.
                                               that occurred without warning in the                    the search box insert the docket number
                                               past 12 months and no recurrent (two or                                                                          Privacy Act: In accordance with 5
                                                                                                       FMCSA–2018–0025 and click ‘‘Search.’’                 U.S.C. 553(c), DOT solicits comments
                                               more) severe hypoglycemic episodes in                   Next, click ‘‘Open Docket Folder’’ and
                                               the last five years. His endocrinologist                                                                      from the public to better inform its
                                                                                                       you will find all documents and                       rulemaking process. DOT posts these
                                               certifies that Mr. Womack understands                   comments related to this notice.
                                               diabetes management and monitoring,                                                                           comments, without edit, including any
                                                                                                         Issued on: April 18, 2018.                          personal information the commenter
                                               has stable control of his diabetes using
                                               insulin, and is able to drive a CMV                     Larry W. Minor,                                       provides, to http://www.regulations.gov,
                                               safely. Mr. Womack meets the                            Associate Administrator for Policy.                   as described in the system of records
                                               requirements of the vision standard at                  [FR Doc. 2018–08909 Filed 4–26–18; 8:45 am]           notice (DOT/ALL–14 FDMS), which can
                                               49 CFR 391.41(b)(10). His                               BILLING CODE 4910–EX–P                                be reviewed at http://www.dot.gov/
                                               ophthalmologist examined him in 2017                                                                          privacy.
                                               and certified that he has stable                                                                              II. Background
                                               nonproliferative diabetic retinopathy.                  DEPARTMENT OF TRANSPORTATION
                                               He holds an operator’s license from                                                                              On February 14, 2018, FMCSA
                                                                                                       Federal Motor Carrier Safety                          published a notice announcing receipt
                                               North Carolina.
                                                                                                       Administration                                        of applications from 26 individuals
                                               III. Request for Comments                                                                                     requesting an exemption from diabetes
                                                                                                       [FMCSA Docket No. FMCSA–2017–0289]
                                                  In accordance with 49 U.S.C. 31136(e)                                                                      requirement in 49 CFR 391.41(b)(3) and
                                               and 31315, FMCSA requests public                        Qualification of Drivers; Exemption                   requested comments from the public (83
                                               comment from all interested persons on                  Applications; Diabetes Mellitus                       FR 6725). The public comment period
                                               the exemption petitions described in                                                                          ended on March 16, 2017, and one
                                                                                                       AGENCY: Federal Motor Carrier Safety
                                               this notice. We will consider all                                                                             comment was received.
                                                                                                       Administration (FMCSA), DOT.
                                               comments received before the close of                                                                            FMCSA has evaluated the eligibility
                                               business on the closing date indicated                  ACTION: Notice of final disposition.
                                                                                                                                                             of these applicants and determined that
                                               in the dates section of the notice.                     SUMMARY:   FMCSA announces its                        granting the exemptions to these
                                               IV. Submitting Comments                                 decision to exempt 26 individuals from                individuals would achieve a level of
                                                                                                       the prohibition in the Federal Motor                  safety equivalent to or greater than the
                                                  You may submit your comments and
                                                                                                       Carrier Safety Regulations (FMCSRs)                   level that would be achieved by
                                               material online or by fax, mail, or hand
                                                                                                       against persons with insulin-treated                  complying with the current regulation
                                               delivery, but please use only one of
                                                                                                       diabetes mellitus (ITDM) from operating               49 CFR 391.41(b)(3).
                                               these means. FMCSA recommends that
                                               you include your name and a mailing                     a commercial motor vehicle (CMV) in                      The physical qualification standard
                                               address, an email address, or a phone                   interstate commerce. The exemptions                   for drivers regarding diabetes found in
                                               number in the body of your document                     enable these individuals with ITDM to                 49 CFR 391.41(b)(3) states that a person
                                               so that FMCSA can contact you if there                  operate CMVs in interstate commerce.                  is physically qualified to drive a CMV
                                               are questions regarding your                            DATES: The exemptions were applicable                 if that person has no established
                                               submission.                                             on March 17, 2018. The exemptions                     medical history or clinical diagnosis of
                                                  To submit your comment online, go to                 expire on March 17, 2020.                             diabetes mellitus currently requiring
                                               http://www.regulations.gov and in the                   FOR FURTHER INFORMATION CONTACT: Ms.                  insulin for control.
                                               search box insert the docket number                     Christine A. Hydock, Chief, Medical                   III. Discussion of Comments
                                               FMCSA–2018–0025 and click the search                    Programs Division, (202) 366–4001,
daltland on DSKBBV9HB2PROD with NOTICES




                                               button. When the new screen appears,                    fmcsamedical@dot.gov, FMCSA,                            FMCSA received one comment in this
                                               click on the blue ‘‘Comment Now!’’                      Department of Transportation, 1200                    proceeding. Vicky Johnson stated that
                                               button on the right hand side of the                    New Jersey Avenue SE, Room W64–224,                   Minnesota Driver and Vehicle Services
                                               page. On the new page, enter                            Washington, DC 20590–0001. Office                     (DVS) has no objections in granting
                                               information required including the                      hours are from 8:30 a.m. to 5 p.m., e.t.,             exemptions to the following Minnesota
                                               specific section of this document to                    Monday through Friday, except Federal                 drivers: Wade A. Demarais and David V.
                                               which each comment applies, and                         holidays. If you have questions                       Bartel.


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Document Created: 2018-04-27 01:44:37
Document Modified: 2018-04-27 01:44:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of applications for exemption; request for comments.
DatesComments must be received on or before May 29, 2018.
ContactMs. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue, SE, Room W64-224, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation83 FR 18627 

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