Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 47702-47711 [2014-19247]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 79, Number 157 (Thursday, August 14, 2014)]
[Notices]
[Pages 47702-47711]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19247]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0019]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

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

-----------------------------------------------------------------------

SUMMARY: FMCSA announces receipt of applications from 56 individuals 
for exemption from the prohibition against persons with insulin-treated 
diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in 
interstate commerce. The exemptions will allow these individuals with 
ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before September 15, 2014. All 
comments will be investigated by FMCSA. The exemptions will be issued 
the day after the comment period closes.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2014-0019 using any of the 
following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the on-line 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., 
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket numbers for this notice. Note that all comments received will be 
posted without change to https://

[[Page 47703]]

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 https://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., Monday through Friday, 
except Federal holidays. The Federal Docket Management System (FDMS) is 
available 24 hours each day, 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 on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of DOT's dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, or other 
entity). You may review DOT's Privacy Act Statement for the Federal 
Docket Management System (FDMS) published in the Federal Register on 
January 17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical 
Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the Federal Motor Carrier Safety Regulations for a 2-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 2-year period. The 56 individuals listed 
in this notice have recently requested such an exemption from the 
diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers 
of CMVs in interstate commerce. Accordingly, the Agency has evaluated 
the qualifications of each applicant and determined that granting the 
exemption will achieve the required level of safety mandated by 
statute.

Qualifications of Applicants

Michael N. Bohn

    Mr. Bohn, 60, has had ITDM since 2004. His endocrinologist examined 
him in 2014 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 (2 or 
more) severe hypoglycemic episodes in the last 5 years. His 
endocrinologist certifies that Mr. Bohn understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Bohn meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him 
in 2014 and certified that he does not have diabetic retinopathy. He 
holds an operator's license from Minnesota.

Jonathan Bona

    Mr. Bona, 60, has had ITDM since 2008. His endocrinologist examined 
him in 2014 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 (2 or 
more) severe hypoglycemic episodes in the last 5 years. His 
endocrinologist certifies that Mr. Bona understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Bona meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined 
him in 2014 and certified that he does not have diabetic retinopathy. 
He holds a Class B Commercial Driver's License (CDL) from New Jersey.

Vincent M. Branch

    Mr. Branch, 51, has had ITDM since 1995. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Branch understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Branch meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2013 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Virginia.

Perry C. Bullis

    Mr. Bullis, 66, has had ITDM since 2014. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Bullis understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Bullis meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Christopher J. Burkhart

    Mr. Burkhart, 37, has had ITDM since 2009. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Burkhart understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Burkhart meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Missouri.

James E. Cantrell, Jr.

    Mr. Cantrell, 65, has had ITDM since 2014. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Cantrell understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Cantrell meets the 
requirements of the vision standard at

[[Page 47704]]

49 CFR 391.41(b)(10). His optometrist examined him in 2014 and 
certified that he does not have diabetic retinopathy. He holds a Class 
B CDL from Alabama.

Kristy S. R. Clark

    Ms. Clark, 31, has had ITDM since 2008. Her endocrinologist 
examined her in 2014 and certified that she has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
Her endocrinologist certifies that Ms. Clark understands diabetes 
management and monitoring has stable control of her diabetes using 
insulin, and is able to drive a CMV safely. Ms. Clark meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
optometrist examined her in 2014 and certified that she does not have 
diabetic retinopathy. She holds an operator's license from Virginia.

Royce N. Cordova

    Mr. Cordova, 56, has had ITDM since 2012. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Cordova understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Cordova meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Washington.

Robert Curry

    Mr. Curry, 56, has had ITDM since 2014. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Curry understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Curry meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from New 
York.

Bradley C. Dunlap

    Mr. Dunlap, 55, has had ITDM since 1987. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Dunlap understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Dunlap meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Illinois.

John C. Fisher III

    Mr. Fisher, 33, has had ITDM since 2012. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Fisher understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Fisher meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Kenneth W. Foster

    Mr. Foster, 47, has had ITDM since 2012. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Foster understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Foster meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a chauffeur's license from Indiana.

Andrew C. Frykholm

    Mr. Frykholm, 67, has had ITDM since 2014. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Frykholm understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Frykholm meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Massachusetts.

Lyle O. Gahler

    Mr. Gahler, 58, has had ITDM since 2011. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Gahler understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Gahler meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Minnesota.

John A. Gillingham

    Mr. Gillingham, 60, has had ITDM since 1998. His endocrinologist 
examined him in 2014 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 (2 or more)

[[Page 47705]]

severe hypoglycemic episodes in the last 5 years. His endocrinologist 
certifies that Mr. Gillingham understands diabetes management and 
monitoring, has stable control of his diabetes using insulin, and is 
able to drive a CMV safely. Mr. Gillingham meets the requirements of 
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist 
examined him in 2014 and certified that he does not have diabetic 
retinopathy. He holds a Class A CDL from Pennsylvania.

Ronald L. Glade

    Mr. Glade, 52, has had ITDM since 2012. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Glade understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Glade meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Illinois.

Brent C. Godshalk

    Mr. Godshalk, 48, has had ITDM since 2014. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Godshalk understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Godshalk meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Indiana.

Robert L. Gordon

    Mr. Gordon, 57, has had ITDM since 2012. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Gordon understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Gordon meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he has stable 
non-proliferative diabetic retinopathy. He holds a Class B CDL from 
Illinois.

Jeffrey R. Harnack

    Mr. Harnack, 55, has had ITDM since 2013. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Harnack understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Harnack meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Minnesota.

Daniel E. Harris

    Mr. Harris, 52, has had ITDM since 2014. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Harris understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Harris meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Illinois.

Elefterios Hatzigeorgalis

    Mr. Hatzigeorgalis, 35, has had ITDM since 1991. His 
endocrinologist examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 
years. His endocrinologist certifies that Mr. Hatzigeorgalis 
understands diabetes management and monitoring, has stable control of 
his diabetes using insulin, and is able to drive a CMV safely. Mr. 
Hatzigeorgalis meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His ophthalmologist examined him in 2014 and certified 
that he has stable non-proliferative diabetic retinopathy. He holds an 
operator's license from Maryland.

Drew J. Holtan

    Mr. Holtan, 25, has had ITDM since 2003. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Holtan understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Holtan meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Minnesota.

Randy S. Holz

    Mr. Holz, 49, has had ITDM since 2009. His endocrinologist examined 
him in 2014 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 (2 or 
more) severe hypoglycemic episodes in the last 5 years. His 
endocrinologist certifies that Mr. Holz understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Holz meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined 
him in 2014 and certified that he has stable non-proliferative diabetic 
retinopathy. He holds a Class A CDL from Iowa.

[[Page 47706]]

Joseph C. House

    Mr. House, 69, has had ITDM since 2012. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. House understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. House meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Alabama.

Kenneth B. Huff

    Mr. Huff, 50, has had ITDM since 2002. His endocrinologist examined 
him in 2014 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 (2 or 
more) severe hypoglycemic episodes in the last 5 years. His 
endocrinologist certifies that Mr. Huff understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Huff meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined 
him in 2014 and certified that he has stable non-proliferative diabetic 
retinopathy. He holds a Class A CDL from Pennsylvania.

Henderson R. Hughes

    Mr. Hughes, 53, has had ITDM since 2008. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Hughes understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Hughes meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he has stable 
proliferative diabetic retinopathy. He holds a Class A CDL from New 
York.

Levi N. Hutchinson

    Mr. Hutchinson, 25, has had ITDM since 1991. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Hutchinson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Hutchinson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he has stable 
proliferative diabetic retinopathy. He holds an operator's license from 
Pennsylvania.

Joseph T. Ingiosi

    Mr. Ingiosi, 55, has had ITDM since 2013. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Ingiosi understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Ingiosi meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a chauffeur's license from Michigan.

Michael J. Javenkoski

    Mr. Javenkoski, 57, has had ITDM since 2014. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Javenkoski understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Javenkoski meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Minnesota.

Katlin W. Johnson

    Mr. Johnson, 26, has had ITDM since 2012. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Johnson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Johnson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Louisiana.

Don L. Jorgensen

    Mr. Jorgensen, 61, has had ITDM since 2013. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Jorgensen understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Jorgensen meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Wyoming.

Steven T. Juhl

    Mr. Juhl, 52, has had ITDM since 2008. His endocrinologist examined 
him in 2014 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 (2 or 
more) severe hypoglycemic episodes in the last 5 years. His 
endocrinologist

[[Page 47707]]

certifies that Mr. Juhl understands diabetes management and monitoring, 
has stable control of his diabetes using insulin, and is able to drive 
a CMV safely. Mr. Juhl meets the requirements of the vision standard at 
49 CFR 391.41(b)(10). His optometrist examined him in 2014 and 
certified that he does not have diabetic retinopathy. He holds a Class 
A CDL from Minnesota.

Christopher D. Lacasse, Sr.

    Mr. Lacasse, 53, has had ITDM since 2007. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Lacasse understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Lacasse meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from 
Massachusetts.

Raymond S. Lucero

    Mr. Lucero, 45, has had ITDM since 2013. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Lucero understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Lucero meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from New Mexico.

Richard M. Mackey

    Mr. Mackey, 60, has had ITDM since 1966. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Mackey understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Mackey meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Texas.

Kevin J. McGrath

    Mr. McGrath, 42, has had ITDM since 2014. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. McGrath understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. McGrath meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from 
Massachusetts.

Jerry W. Murphy

    Mr. Murphy, 59, has had ITDM since 2014. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Murphy understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Murphy meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Mississippi.

Christopher D. Murray

    Mr. Murray, 55, has had ITDM since 2010. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Murray understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Murray meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from North 
Carolina.

Robert D. Noe

    Mr. Noe, 51, has had ITDM since 2014. His endocrinologist examined 
him in 2014 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 (2 or 
more) severe hypoglycemic episodes in the last 5 years. His 
endocrinologist certifies that Mr. Noe understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Noe meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him 
in 2014 and certified that he does not have diabetic retinopathy. He 
holds a Class A CDL from Illinois.

Kyle W. Parker

    Mr. Parker, 29, has had ITDM since 2003. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Parker understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Parker meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds an operator's license 
from California.

Eric D. Roberts

    Mr. Roberts, 39, has had ITDM since 1996. His endocrinologist 
examined him in 2014 and certified that he has had no

[[Page 47708]]

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 (2 or more) severe hypoglycemic episodes in the last 5 
years. His endocrinologist certifies that Mr. Roberts understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Roberts meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he has stable 
non-proliferative diabetic retinopathy. He holds a Class A CDL from 
Michigan.

Gary L. Roberts

    Mr. Roberts, 59, has had ITDM since 2008. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Roberts understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Roberts meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Connecticut.

Tommy A. Rollins

    Mr. Rollins, 60, has had ITDM since 2000. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Rollins understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Rollins meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Georgia.

Janice M. Rowles

    Ms. Rowles, 69, has had ITDM since 2009. Her endocrinologist 
examined her in 2014 and certified that she has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
Her endocrinologist certifies that Ms. Rowles understands diabetes 
management and monitoring, has stable control of her diabetes using 
insulin, and is able to drive a CMV safely. Ms. Rowles meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
optometrist examined her in 2014 and certified that she does not have 
diabetic retinopathy. She holds a Class A CDL from Pennsylvania.

William B. Rupert Jr.

    Mr. Rupert, 61, has had ITDM since 2011. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Rupert understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Rupert meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from 
Pennsylvania.

Ahmed A. Saleh

    Mr. Saleh, 38, has had ITDM since 1999. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Saleh understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Saleh meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he has stable 
non-proliferative diabetic retinopathy. He holds a Class A CDL from 
Michigan.

Robert M. Schmitz

    Mr. Schmitz, 61, has had ITDM since 1982. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Schmitz understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Schmitz meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he stable non 
proliferative diabetic retinopathy. He holds a Class A CDL from Iowa.

David C. Schultze

    Mr. Schultze, 49, has had ITDM since 1987. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Schultze understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Schultze meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he has stable 
non-proliferative diabetic retinopathy. He holds an operator's license 
from Minnesota.

Brian R. Schwint

    Mr. Schwint, 50, has had ITDM since 2010. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Schwint understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV

[[Page 47709]]

safely. Mr. Schwint meets the requirements of the vision standard at 49 
CFR 391.41(b)(10). His ophthalmologist examined him in 2014 and 
certified that he has stable non-proliferative and stable proliferative 
diabetic retinopathy. He holds an operator's license from Iowa.

Dicky W. Shuttlesworth

    Mr. Shuttlesworth, 57, has had ITDM since 2008. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Shuttlesworth understands 
diabetes management and monitoring, has stable control of his diabetes 
using insulin, and is able to drive a CMV safely. Mr. Shuttlesworth 
meets the requirements of the vision standard at 49 CFR 391.41(b)(10). 
His optometrist examined him in 2014 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Texas.

Bryce J. Smith

    Mr. Smith, 26, has had ITDM since 1999. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Smith understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Smith meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he has stable 
non-proliferative diabetic retinopathy. He holds a Class A CDL from 
Utah.

David R. Sprenkel

    Mr. Sprenkel, 64, has had ITDM since 2012. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Sprenkel understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Sprenkel meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Jeffrey R. Stevens

    Mr. Stevens, 54, has had ITDM since 2013. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Stevens understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Stevens meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

David W. Taggart

    Mr. Taggart, 53, has had ITDM since 2013. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Taggart understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Taggart meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Pennsylvania.

Artilla M. Thomas

    Ms. Thomas, 50, has had ITDM since 2013. Her endocrinologist 
examined her in 2014 and certified that she has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
Her endocrinologist certifies that Ms. Thomas understands diabetes 
management and monitoring, has stable control of her diabetes using 
insulin, and is able to drive a CMV safely. Ms. Thomas meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
ophthalmologist examined her in 2014 and certified that she has stable 
proliferative diabetic retinopathy. She holds a Class B CDL from 
Illinois.

William C. Tomlinson

    Mr. Tomlinson, 25, has had ITDM since 1992. His endocrinologist 
examined him in 2014 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Tomlinson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Tomlinson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Georgia.
    FMCSA has evaluated the eligibility of the 56 applicants and 
determined that granting the exemptions to these individuals would 
achieve a level of safety equivalent to or greater than the level that 
would be achieved by complying with the current regulation 49 CFR 
391.41(b)(3). Absent the receipt of comments indicating that a driver's 
ability would not achieve the aforementioned level of safety, the 
Agency will grant the drivers an exemption the day after the comment 
period closes.

Diabetes Mellitus and Driving Experience of the Applicants

    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. The 
diabetes rule provides that ``A person is physically qualified to drive 
a commercial motor vehicle if that person has no established medical 
history or clinical diagnosis of diabetes mellitus currently requiring 
insulin for control'' (49 CFR 391.41(b)(3)).

[[Page 47710]]

    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.
    These 56 applicants have had ITDM over a range of 1 to 48 years. 
These applicants report no severe hypoglycemic reactions resulting in 
loss of consciousness or seizure, requiring the assistance of another 
person, or resulting in impaired cognitive function that occurred 
without warning symptoms in the past 12 months and no recurrent (2 or 
more) severe hypoglycemic episodes in the past 5 years. In each case, 
an endocrinologist verified that the driver has demonstrated a 
willingness to properly monitor and manage his/her diabetes mellitus, 
received education related to diabetes management, and is on a stable 
insulin regimen. These drivers report no other disqualifying 
conditions, including diabetes-related complications. Each meets the 
vision requirement at 49 CFR 391.41(b)(10).

Basis for Exemption Determination

    Under 49 U.S.C 31136(e) and 31315, FMCSA may grant an exemption 
from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption 
is likely to achieve an equivalent or greater level of safety than 
would be achieved without the exemption. The exemption allows the 
applicants to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA 
considered medical reports about the applicants' ITDM and vision, and 
reviewed the treating endocrinologists' medical opinion related to the 
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these 
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is 
likely to achieve a level of safety equal to that existing without the 
exemption.

Conditions and Requirements

    The terms and conditions of the exemption will be provided to the 
granted applicants in the exemption document and they include the 
following: (1) That each individual submit a quarterly monitoring 
checklist completed by the treating endocrinologist as well as an 
annual checklist with a comprehensive medical evaluation; (2) that each 
individual reports within 2 business days of occurrence all episodes of 
severe hypoglycemia, significant complications, or inability to manage 
diabetes; also, any involvement in an accident or any other adverse 
event in a CMV or personal vehicle, whether or not it is related to an 
episode of hypoglycemia; (3) that each individual provide a copy of the 
ophthalmologist's or optometrist's report to the medical examiner at 
the time of the annual medical examination; and (4) that each 
individual provide a copy of the annual medical certification to the 
employer for retention in the driver's qualification file, or keep a 
copy in his/her driver's qualification file if he/she is self-employed. 
The driver must also have a copy of the certification when driving, for 
presentation to a duly authorized Federal, State, or local enforcement 
official.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments received before 
the close of business on the closing date indicated in the date section 
of the notice.
    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).\1\ 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).
---------------------------------------------------------------------------

    \1\ Section 4129(a) refers to the 2003 notice as a ``final 
rule.'' However, the 2003 notice did not issue a ``final rule'' but 
did establish the procedures and standards for issuing exemptions 
for drivers with ITDM.
---------------------------------------------------------------------------

    Section 4129 requires: (1) Elimination of the requirement for 3 
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 3-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.

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 https://www.regulations.gov and 
in the search box insert the docket number FMCSA-2014-0019 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 material received during the 
comment period and may change this proposed rule based on your 
comments. FMCSA

[[Page 47711]]

may issue a final rule at any time after the close of the comment 
period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, To submit your comment online, go to https://www.regulations.gov and in the search box insert the docket number 
FMCSA-2014-0019 and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to the 
proposed rulemaking.

    Issued on: August 7, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-19247 Filed 8-13-14; 8:45 am]
BILLING CODE P