Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 13050-13056 [2017-04524]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 82, Number 44 (Wednesday, March 8, 2017)]
[Notices]
[Pages 13050-13056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04524]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0383]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

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

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SUMMARY: FMCSA announces receipt of applications from 41 individuals 
for exemption from the prohibition against persons with insulin-treated 
diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) 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 April 7, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2016-0383 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., 
e.t., 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://www.regulations.gov, including any

[[Page 13051]]

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., e.t., 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: 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 www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, 
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

I. 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 41 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 will evaluate 
the qualifications of each applicant to determine whether granting the 
exemption will achieve the required level of safety mandated by 
statute.

II. Qualifications of Applicants

Joseph A. Akers

    Mr. Akers, 24, has had ITDM since 2007. His endocrinologist 
examined him in 2016 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. Akers understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Akers meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds an operator's license 
from West Virginia.

Leslie R. Auger

    Mr. Auger, 58, has had ITDM since 2016. His endocrinologist 
examined him in 2016 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. Auger understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Auger meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Missouri.

Ta Canunpa W. Banks

    Mr. Banks, 32, has had ITDM since 2015. His endocrinologist 
examined him in 2016 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. Banks understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Banks meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from South 
Dakota.

Ralph E. Beard

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

Darrell W. Britnell

    Mr. Britnell, 50, has had ITDM since 2015. His endocrinologist 
examined him in 2016 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. Britnell understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Britnell meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from North Carolina.

Paul M. Capeder

    Mr. Capeder, 56, has had ITDM since 2016. His endocrinologist 
examined him in 2016 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. Capeder understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV

[[Page 13052]]

safely. Mr. Capeder meets the requirements of the vision standard at 49 
CFR 391.41(b)(10). His ophthalmologist examined him in 2016 and 
certified that he does not have diabetic retinopathy. He holds a Class 
B CDL from Minnesota.

Robert D. Carnazzo

    Mr. Carnazzo, 47, has had ITDM since 2016. His endocrinologist 
examined him in 2016 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. Carnazzo understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Carnazzo meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Massachusetts.

Randall C. Coleman

    Mr. Coleman, 64, has had ITDM since 1998. His endocrinologist 
examined him in 2016 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. Coleman understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Coleman meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he has stable 
nonproliferative and stable proliferative diabetic retinopathy. He 
holds an operator's license from Washington.

Thomas K. Coleman

    Mr. Coleman, 24, has had ITDM since 2015. His endocrinologist 
examined him in 2016 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. Coleman understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Coleman meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from North 
Carolina.

Mark A. Cologne

    Mr. Cologne, 52, has had ITDM since 2016. His endocrinologist 
examined him in 2016 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. Cologne understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Cologne meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Louisiana.

Christopher J. Comstock

    Mr. Comstock, 28, has had ITDM since 2000. His endocrinologist 
examined him in 2016 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. Comstock understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Comstock meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Texas.

Alexander H. Cromartie

    Mr. Cromartie, 64, has had ITDM since 2012. His endocrinologist 
examined him in 2016 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. Cromartie understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Cromartie meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Pennsylvania.

Michael R. Dark

    Mr. Dark, 36, has had ITDM since 2006. His endocrinologist examined 
him in 2016 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. Dark understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Dark meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him 
in 2016 and certified that he does not have diabetic retinopathy. He 
holds an operator's license from Texas.

Joseph P. Dellavolpe

    Mr. Dellavolpe, 67, has had ITDM since 2015. His endocrinologist 
examined him in 2016 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. Dellavolpe understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Dellavolpe meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from New 
Jersey.

Shea E. Durand

    Mr. Durand, 28, has had ITDM since 2001. His endocrinologist 
examined him in 2016 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the

[[Page 13053]]

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. Durand understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Durand meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from New York.

David L. Farris

    Mr. Farris, 55, has had ITDM since 1990. His endocrinologist 
examined him in 2016 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. Farris understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Farris meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Kansas.

Donald D. Fown

    Mr. Fown, 58, has had ITDM since 2003. His endocrinologist examined 
him in 2016 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. Fown understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Fown meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined 
him in 2016 and certified that he has stable nonproliferative diabetic 
retinopathy. He holds a Class A CDL from Ohio.

Michael L. Gamache

    Mr. Gamache, 55, has had ITDM since 2014. His endocrinologist 
examined him in 2016 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. Gamache understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Gamache meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from New Hampshire.

David P. Glaeser

    Mr. Glaeser, 48, has had ITDM since 2014. His endocrinologist 
examined him in 2016 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. Glaeser understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Glaeser meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Colorado.

Donald J. Gray

    Mr. Gray, 58, has had ITDM since 2015. His endocrinologist examined 
him in 2016 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. Gray understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Gray meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him 
in 2016 and certified that he does not have diabetic retinopathy. He 
holds a Class B CDL from California.

James E. Guthrie, IV

    Mr. Guthrie, 22, has had ITDM since 2013. His endocrinologist 
examined him in 2016 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. Guthrie understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Guthrie meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Kentucky.

James F. Hamilton

    Mr. Hamilton, 60, has had ITDM since 2009. His endocrinologist 
examined him in 2016 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. Hamilton understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Hamilton meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from South Dakota.

Paul R. Hanson

    Mr. Hanson, 54, has had ITDM since 2016. His endocrinologist 
examined him in 2016 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. Hanson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Hanson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Minnesota.

[[Page 13054]]

Jaculyn E. Heck

    Ms. Heck, 51, has had ITDM since 1999. Her endocrinologist examined 
her in 2016 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. Heck understands diabetes management 
and monitoring has stable control of her diabetes using insulin, and is 
able to drive a CMV safely. Ms. Heck meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). Her ophthalmologist examined 
her in 2016 and certified that she has stable nonproliferative diabetic 
retinopathy. She holds an operator's license from Delaware.

Greg J. Isom

    Mr. Isom, 31, has had ITDM since 2001. His endocrinologist examined 
him in 2016 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. Isom understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Isom meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined 
him in 2016 and certified that he has stable nonproliferative diabetic 
retinopathy. He holds a Class A CDL from Georgia.

Mark J. Johnson

    Mr. Johnson, 63, has had ITDM since 2014. His endocrinologist 
examined him in 2016 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 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Washington.

Tyson C. Johnson

    Mr. Johnson, 34, has had ITDM since 1994. His endocrinologist 
examined him in 2016 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 
ophthalmologist examined him in 2016 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class B CDL from 
Pennsylvania.

Darrell W. Luck

    Mr. Luck, 67, has had ITDM since 2015. His endocrinologist examined 
him in 2016 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. Luck understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Luck meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him 
in 2016 and certified that he does not have diabetic retinopathy. He 
holds a Class A CDL from North Carolina.

Gregory L. Markin

    Mr. Markin, 48, has had ITDM since 2014. His endocrinologist 
examined him in 2016 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. Markin understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Markin meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Wisconsin.

Patrick May

    Mr. May, 61, has had ITDM since 2014. His endocrinologist examined 
him in 2016 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. May understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. May meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined 
him in 2016 and certified that he does not have diabetic retinopathy. 
He holds an operator's license from Maryland.

Elbert J. Means

    Mr. Means, 65, has had ITDM since 2013. His endocrinologist 
examined him in 2016 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. Means understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Means meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from South Carolina.

Peter R. Meyer

    Mr. Meyer, 54, has had ITDM since 2016. His endocrinologist 
examined him in 2016 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. Meyer understands

[[Page 13055]]

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

Andrew R. Morris

    Mr. Morris, 24, has had ITDM since 2013. His endocrinologist 
examined him in 2016 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. Morris understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Morris meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Washington.

Timothy A. Parks, Jr.

    Mr. Parks, 24, has had ITDM since 2010. His endocrinologist 
examined him in 2016 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. Parks understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Parks meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Maryland.

Dennis Pitt

    Mr. Pitt, 54, has had ITDM since 2015. His endocrinologist examined 
him in 2016 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. Pitt understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Pitt meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him 
in 2016 and certified that he does not have diabetic retinopathy. He 
holds a Class B CDL from New York.

Antonio R. Ragin

    Mr. Ragin, 43, has had ITDM since 1997. His endocrinologist 
examined him in 2016 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. Ragin understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Ragin meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Connecticut.

Matthew Reynolds

    Mr. Reynolds, 54, has had ITDM since 2012. His endocrinologist 
examined him in 2016 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. 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 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Pennsylvania.

Robert G. Smith

    Mr. Smith, 57, has had ITDM since 2015. His endocrinologist 
examined him in 2016 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 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Massachusetts.

Patricia M. Spurgeon

    Ms. Spurgeon, 63, has had ITDM since 2014. Her endocrinologist 
examined her in 2016 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. Spurgeon understands diabetes 
management and monitoring has stable control of her diabetes using 
insulin, and is able to drive a CMV safely. Ms. Spurgeon meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
ophthalmologist examined her in 2016 and certified that she does not 
have diabetic retinopathy. She holds a Class C CDL from New York.

Robert M. Sypolt

    Mr. Sypolt, 54, has had ITDM since 2013. His endocrinologist 
examined him in 2016 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. Sypolt understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Sypolt meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from West 
Virginia.

Brandon R. Wedding

    Mr. Wedding, 32, has had ITDM since 2016. His endocrinologist 
examined him

[[Page 13056]]

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

III. Request for Comments

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

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 https://www.regulations.gov and 
in the search box insert the docket number FMCSA-2016-0383 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. 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 https://www.regulations.gov and in the search box insert 
the docket number FMCSA-2016-0383 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: February 28, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-04524 Filed 3-7-17; 8:45 am]
BILLING CODE 4910-EX-P