Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 26211-26217 [2017-11640]
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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0035]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemptions; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 42 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.
SUMMARY:
Comments must be received on
or before July 6, 2017.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2017–0035 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
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
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DATES:
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acknowledgment that we received your
comments, please include a selfaddressed, 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 42 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
Shayne T. Anthony
Mr. Anthony, 38, has had ITDM since
2006. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Anthony understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Anthony meets the
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26211
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017
and certified that he does not have
diabetic retinopathy. He holds an
operator’s license from Maryland.
Steven S. Arrowood
Mr. Arrowood, 39, has had ITDM
since 2001. His endocrinologist
examined him in 2017 and certified that
he has had no severe hypoglycemic
reactions resulting in loss of
consciousness, requiring the assistance
of another person, or resulting in
impaired cognitive function that
occurred without warning in the past 12
months and no recurrent (2 or more)
severe hypoglycemic episodes in the
last 5 years. His endocrinologist certifies
that Mr. Arrowood understands diabetes
management and monitoring, has stable
control of his diabetes using insulin,
and is able to drive a CMV safely. Mr.
Arrowood meets the requirements of the
vision standard at 49 CFR 391.41(b)(10).
His optometrist examined him in 2017
and certified that he does not have
diabetic retinopathy. He holds an
operator’s license from Mississippi.
Melyssia V. Auwerda
Ms. Auwerda, 28, has had ITDM since
2000. Her endocrinologist examined her
in 2017 and certified that she has had
no severe hypoglycemic reactions
resulting in loss of consciousness,
requiring the assistance of another
person, or resulting in impaired
cognitive function that occurred without
warning in the past 12 months and no
recurrent (2 or more) severe
hypoglycemic episodes in the last 5
years. Her endocrinologist certifies that
Ms. Auwerda understands diabetes
management and monitoring has stable
control of her diabetes using insulin,
and is able to drive a CMV safely. Ms.
Auwerda 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 A CDL from Colorado.
Jerome Barfield
Mr. Barfield, 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. Barfield understands
diabetes management and monitoring,
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has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Barfield 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 Georgia.
Grover C. Binkley
Mr. Binkley, 49, has had ITDM since
2007. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Binkley understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Binkley meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017
and certified that he does not have
diabetic retinopathy. He holds an
operator’s license from Tennessee.
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Vincent Bongiovanni
Mr. Bongiovanni, 47, has had ITDM
since 1992. His endocrinologist
examined him in 2017 and certified that
he has had no severe hypoglycemic
reactions resulting in loss of
consciousness, requiring the assistance
of another person, or resulting in
impaired cognitive function that
occurred without warning in the past 12
months and no recurrent (2 or more)
severe hypoglycemic episodes in the
last 5 years. His endocrinologist certifies
that Mr. Bongiovanni understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Bongiovanni meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017
and certified that he has stable
nonproliferative diabetic retinopathy.
He holds an operator’s license from
Massachusetts.
Robert H. Branyon
Mr. Branyon, 63, has had ITDM since
2003. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
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20:52 Jun 05, 2017
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past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Branyon understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Branyon 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 South
Carolina.
Gary L. Brown
Mr. Brown, 61, has had ITDM since
2012. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Brown understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Brown meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2017 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from Indiana.
Douglas R. Carr
Mr. Carr, 64, 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. Carr understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Carr meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist
examined him in 2017 and certified that
he has stable nonproliferative diabetic
retinopathy. He holds an operator’s
license from California.
Gary F. Cartwright
Mr. Cartwright, 65, has had ITDM
since 2016. His endocrinologist
examined him in 2017 and certified that
he has had no severe hypoglycemic
reactions resulting in loss of
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Fmt 4703
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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. Cartwright understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Cartwright 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.
Jeffrey R. Cline
Mr. Cline, 52, has had ITDM since
2010. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Cline understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Cline meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined
him in 2017 and certified that he does
not have diabetic retinopathy. He holds
a Class A CDL from Ohio.
Cheryl L. Coffman
Ms. Coffman, 50, has had ITDM since
2008. Her endocrinologist examined her
in 2017 and certified that she has had
no severe hypoglycemic reactions
resulting in loss of consciousness,
requiring the assistance of another
person, or resulting in impaired
cognitive function that occurred without
warning in the past 12 months and no
recurrent (2 or more) severe
hypoglycemic episodes in the last 5
years. Her endocrinologist certifies that
Ms. Coffman understands diabetes
management and monitoring has stable
control of her diabetes using insulin,
and is able to drive a CMV safely. Ms.
Coffman 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 B CDL from Indiana.
Jay B. Cole
Mr. Cole, 32, has had ITDM since
2016. His endocrinologist examined him
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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices
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. Cole understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Cole meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined
him in 2017 and certified that he does
not have diabetic retinopathy. He holds
a Class A CDL from Texas.
Nicholas B. Cooksey
Mr. Cooksey, 23, has had ITDM since
1999. 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. Cooksey understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Cooksey meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2017 and certified that
he does not have diabetic retinopathy.
He holds an operator’s license from
California.
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Michael Csaplik
Mr. Csaplik, 62, has had ITDM since
2015. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Csaplik understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Csaplik meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Iowa.
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20:52 Jun 05, 2017
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Karl J. Dence
Mr. Dence, 48, has had ITDM since
2012. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Dence understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Dence meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017
and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class A CDL from New York.
James R. Diem
Mr. Diem, 65, has had ITDM since
2013. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Diem understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Diem meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist
examined him in 2017 and certified that
he has stable nonproliferative diabetic
retinopathy. He holds a Class A CDL
from Pennsylvania.
Mark W. Eaves
Mr. Eaves, 49, has had ITDM since
2014. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Eaves understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Eaves meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2017 and certified that
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26213
he does not have diabetic retinopathy.
He holds a Class A CDL from New York.
Franklin J. Economy
Mr. Economy, 62, has had ITDM since
2012. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Economy understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Economy meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2017 and certified that
he does not have diabetic retinopathy.
He holds an operator’s license from
Pennsylvania.
Ervin L. Elfman, Jr.
Mr. Elfman, 79, has had ITDM since
2015. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Elfman understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Elfman meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Kansas.
Oliver L. Grigsby
Mr. Grigsby, 59, has had ITDM since
2014. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Grigsby understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Grigsby meets the
requirements of the vision standard at
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49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Virginia.
Jason Hargrove
Mr. Hargrove, 51, has had ITDM since
2014. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Hargrove understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Hargrove meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017
and certified that he has stable
proliferative diabetic retinopathy. He
holds a Class A CDL from North
Carolina.
mstockstill on DSK30JT082PROD with NOTICES
Kevin J. Hart
Mr. Hart, 63, has had ITDM since
1997. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Hart understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Hart meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined
him in 2017 and certified that he does
not have diabetic retinopathy. He holds
an operator’s license from New York.
Thomas R. Holland
Mr. Holland, 24, has had ITDM since
1995. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Holland understands
diabetes management and monitoring,
has stable control of his diabetes using
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20:52 Jun 05, 2017
Jkt 241001
insulin, and is able to drive a CMV
safely. Mr. Holland meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017
and certified that he does not have
diabetic retinopathy. He holds an
operator’s license from Maryland.
Martin J. Jones
Mr. Jones, 52, has had ITDM since
2015. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Jones understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Jones meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined
him in 2017 and certified that he does
not have diabetic retinopathy. He holds
a Class B CDL from Massachusetts.
Robert A. Kurley
Mr. Kurley, 47, has had ITDM since
2015. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Kurley understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Kurley meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017
and certified that he does not have
diabetic retinopathy. He holds a Class B
CDL from Pennsylvania.
Robert I. Leach
Mr. Leach, 65, has had ITDM since
2016. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Leach understands
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Fmt 4703
Sfmt 4703
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Leach meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2017 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from Virginia.
Mark A. Long
Mr. Long, 56, has had ITDM since
2016. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Long understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Long meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined
him in 2017 and certified that he does
not have diabetic retinopathy. He holds
a Class A CDL from Pennsylvania.
Micheal D. Lucas
Mr. Lucas, 66, 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. Lucas understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Lucas meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2017 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from Ohio.
Dagmar L. Osoria Castaneda
Mr. Osorio Castaneda, 31, 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
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that Mr. Osorio Castaneda understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Osorio Castaneda meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2017 and certified that
he does not have diabetic retinopathy.
He holds an operator’s license from
California.
Roxanne Pierce
Ms. Pierce, 62, has had ITDM since
1997. Her endocrinologist examined her
in 2017 and certified that she has had
no severe hypoglycemic reactions
resulting in loss of consciousness,
requiring the assistance of another
person, or resulting in impaired
cognitive function that occurred without
warning in the past 12 months and no
recurrent (2 or more) severe
hypoglycemic episodes in the last 5
years. Her endocrinologist certifies that
Ms. Pierce understands diabetes
management and monitoring, has stable
control of her diabetes using insulin,
and is able to drive a CMV safely. Ms.
Pierce meets the requirements of the
vision standard at 49 CFR 391.41(b)(10).
Her optometrist examined her in 2017
and certified that she does not have
diabetic retinopathy. She holds an
operator’s license from North Dakota.
mstockstill on DSK30JT082PROD with NOTICES
Garry B. Reynolds, Jr.
Mr. Reynolds, 52, has had ITDM since
2016. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (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 a Class C CDL from Michigan.
Jason R. Roberts
Mr. Roberts, 38, 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
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Jkt 241001
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 2016
and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class D CDL from Kentucky.
Ronald H. Shepherd
Mr. Shepherd, 41, has had ITDM
since 2017. His endocrinologist
examined him in 2017 and certified that
he has had no severe hypoglycemic
reactions resulting in loss of
consciousness, requiring the assistance
of another person, or resulting in
impaired cognitive function that
occurred without warning in the past 12
months and no recurrent (2 or more)
severe hypoglycemic episodes in the
last 5 years. His endocrinologist certifies
that Mr. Shepherd understands diabetes
management and monitoring, has stable
control of his diabetes using insulin,
and is able to drive a CMV safely. Mr.
Shepherd meets the requirements of the
vision standard at 49 CFR 391.41(b)(10).
His ophthalmologist examined him in
2017 and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Ohio.
Randall D. Shiflett
Mr. Shiflett, 52, has had ITDM since
2016. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Shiflett understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Shiflett meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2017 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from West
Virginia.
Teddy D. Smith
Mr. Smith, 50, has had ITDM since
2015. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
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26215
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 2016
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Oklahoma.
Jonathan D. Snudden, Jr.
Mr. Snudden, 48, has had ITDM since
2013. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Snudden understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Snudden meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2017 and certified that
he does not have diabetic retinopathy.
He holds an operator’s license from
Missouri.
Maleika A. Swain-Ogilvie
Ms. Swain-Ogilvie, 38, has had ITDM
since 2016. 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. Swain-Ogilvie
understands diabetes management and
monitoring has stable control of her
diabetes using insulin, and is able to
drive a CMV safely. Ms. Swain-Ogilvie
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
B CDL from Pennsylvania.
Ashley D. Waite
Mr. Waite, 64, has had ITDM since
2007. His endocrinologist examined him
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in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Waite understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Waite 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 Vermont.
mstockstill on DSK30JT082PROD with NOTICES
Delbert A. Walker
Mr. Walker, 64, has had ITDM since
2015. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Walker understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Walker meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017
and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class A CDL from
Pennsylvania.
Terry L. Watkins
Mr. Watkins, 49, has had ITDM since
2008. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Watkins understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Watkins meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2017 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from West
Virginia.
VerDate Sep<11>2014
20:52 Jun 05, 2017
Jkt 241001
Timothy Zulla
Mr. Zulla, 54, has had ITDM since
2015. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Zulla understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Zulla meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined
him in 2017 and certified that he does
not have diabetic retinopathy. He holds
a Class A CDL from Florida.
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).
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
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.
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Fmt 4703
Sfmt 4703
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–2017–0035 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 81⁄2 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, selfaddressed 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–2017–0035 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices
Issued on: May 26, 2017.
Larry W. Minor,
Associate Administrator for Policy.
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FR Doc. 2017–11640 Filed 6–5–17; 8:45 am]
BILLING CODE 4910–EX–P
[Docket No. FMCSA–2013–0109; FMCSA–
2013–0444]
DEPARTMENT OF TRANSPORTATION
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration
Hours of Service (HOS) of Drivers;
American Pyrotechnics Assoc. (APA)
Application for Exemption From the
14-Hour Rule; Request To Add New
Member to Current APA Exemption;
Correction
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for an
extension of exemption; request for
comments; correction.
AGENCY:
The FMCSA published a
document in the Federal Register of
May 15, 2017 (82 FR 22375), concerning
a request for comments on the American
Pyrotechnics Association’s request for a
member company, Pyro Shows of
Alabama, Incorporated, to be included
in an existing exemption. The document
referenced June 14, 2017, in the DATES
section but did not specify the
significance of that date, which should
have been the end of the comment
period.
SUMMARY:
Comments must be received on
or before June 14, 2017.
FOR FURTHER INFORMATION CONTACT: For
information concerning this notice,
contact Mr. Thomas Yager, Chief,
FMCSA Driver and Carrier Operations
Division; Office of Carrier, Driver and
Vehicle Safety Standards; Telephone:
(614) 942–6477. Email: MCPSD@
dot.gov. If you have questions on
viewing or submitting material to the
docket, contact Docket Services,
telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
DATES:
mstockstill on DSK30JT082PROD with NOTICES
Correction
1. In the Federal Register of May 15,
2017 (82 FR 22375), in FR Doc. 2017–
09735, on page 22376, in the first
column, correct the DATES paragraph to
read:
DATES: Comments must be received
on or before June 14, 2017.
Issued on: May 30, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–11650 Filed 6–5–17; 8:45 am]
BILLING CODE 4910–EX–P
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20:52 Jun 05, 2017
Jkt 241001
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
[Docket No. FMCSA–2007–28043]
FMCSA confirms its decision
to renew exemptions for 10 individuals
from the requirement in the Federal
Motor Carrier Safety Regulations
(FMCSRs) that interstate commercial
motor vehicle (CMV) drivers have ‘‘no
established medical history or clinical
diagnosis of epilepsy or any other
condition which is likely to cause loss
of consciousness or any loss of ability to
control a CMV.’’ The exemptions enable
these individuals who have had one or
more seizures and are taking antiseizure medication to continue to
operate CMVs in interstate commerce.
DATES: Each group of renewed
exemptions was effective on the dates
stated in the discussions below and will
expire on the dates stated in the
discussions below.
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–
224, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5
p.m., e.t., Monday through Friday,
except Federal holidays. If you have
questions regarding viewing or
submitting material to the docket,
contact Docket Services, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov and/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.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
PO 00000
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Fmt 4703
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26217
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
II. Background
On October 20, 2016, FMCSA
published a notice announcing its
decision to renew exemptions for 10
individuals from the Epilepsy and
Seizure Disorders prohibition in 49 CFR
391.41(b)(8) to operate a CMV in
interstate commerce and requested
comments from the public (81 FR
72663). The public comment period
ended on November 21, 2016, and one
comment was received on January 12,
2017, FMCSA published a second notice
announcing its decision to renew
exemptions for the same 10 individuals
from the Epilepsy and Seizure Disorders
prohibition in 49 CFR 391.41(b)(8) to
operate a CMV in interstate commerce
and requested comments from the
public (81 FR 72663). The public
comment period ended on February 13,
2017, and no comments were received.
As stated in the previous notice,
FMCSA has evaluated the eligibility of
these applicants and determined that
renewing these exemptions 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)(8).
The physical qualification standard
for drivers regarding epilepsy found in
49 CFR 391.41(b)(8) states that a person
is physically qualified to drive a CMV
if that person:
Has no established medical history or clinical
diagnosis of epilepsy or any other condition
which is likely to cause the loss of
consciousness or any loss of ability to control
a CMV.
In addition to the regulations, FMCSA
has published advisory criteria to assist
Medical Examiners in determining
whether drivers with certain medical
conditions are qualified to operate a
CMV in interstate commerce. [49 CFR
part 391, APPENDIX A TO PART 391—
MEDICAL ADVISORY CRITERIA,
section H. Epilepsy: § 391.41(b)(8),
paragraphs 3, 4, and 5.]
III. Discussion of Comments
In response to the October 20, 2016,
notice, FMCSA received one comment
in support of Mr. Troff receiving an
exemption. No comments were received
in response to the January 12, 2017
notice.
E:\FR\FM\06JNN1.SGM
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Agencies
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26211-26217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11640]
[[Page 26211]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0035]
Qualification of Drivers; Exemption Applications; Diabetes
Mellitus
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemptions; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from 42 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 July 6, 2017.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2017-0035 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
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 42 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
Shayne T. Anthony
Mr. Anthony, 38, has had ITDM since 2006. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Anthony understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Anthony meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds an operator's license from
Maryland.
Steven S. Arrowood
Mr. Arrowood, 39, has had ITDM since 2001. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Arrowood understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Arrowood meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Mississippi.
Melyssia V. Auwerda
Ms. Auwerda, 28, has had ITDM since 2000. Her endocrinologist
examined her in 2017 and certified that she has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
Her endocrinologist certifies that Ms. Auwerda understands diabetes
management and monitoring has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Auwerda 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 A CDL from Colorado.
Jerome Barfield
Mr. Barfield, 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. Barfield understands diabetes
management and monitoring,
[[Page 26212]]
has stable control of his diabetes using insulin, and is able to drive
a CMV safely. Mr. Barfield 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 Georgia.
Grover C. Binkley
Mr. Binkley, 49, has had ITDM since 2007. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Binkley understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Binkley meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds an operator's license from
Tennessee.
Vincent Bongiovanni
Mr. Bongiovanni, 47, has had ITDM since 1992. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Bongiovanni understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bongiovanni meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from Massachusetts.
Robert H. Branyon
Mr. Branyon, 63, has had ITDM since 2003. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Branyon understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Branyon 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
South Carolina.
Gary L. Brown
Mr. Brown, 61, has had ITDM since 2012. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Brown understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Brown meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Indiana.
Douglas R. Carr
Mr. Carr, 64, 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. Carr understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Carr meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2017 and certified that he has stable nonproliferative diabetic
retinopathy. He holds an operator's license from California.
Gary F. Cartwright
Mr. Cartwright, 65, has had ITDM since 2016. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Cartwright understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Cartwright 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.
Jeffrey R. Cline
Mr. Cline, 52, has had ITDM since 2010. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Cline understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Cline meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Ohio.
Cheryl L. Coffman
Ms. Coffman, 50, has had ITDM since 2008. Her endocrinologist
examined her in 2017 and certified that she has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
Her endocrinologist certifies that Ms. Coffman understands diabetes
management and monitoring has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Coffman 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 B CDL from Indiana.
Jay B. Cole
Mr. Cole, 32, has had ITDM since 2016. His endocrinologist examined
him
[[Page 26213]]
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. Cole understands diabetes management and monitoring,
has stable control of his diabetes using insulin, and is able to drive
a CMV safely. Mr. Cole meets the requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist examined him in 2017 and
certified that he does not have diabetic retinopathy. He holds a Class
A CDL from Texas.
Nicholas B. Cooksey
Mr. Cooksey, 23, has had ITDM since 1999. 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. Cooksey understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Cooksey meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from California.
Michael Csaplik
Mr. Csaplik, 62, has had ITDM since 2015. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Csaplik understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Csaplik meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Iowa.
Karl J. Dence
Mr. Dence, 48, has had ITDM since 2012. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Dence understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Dence meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from New
York.
James R. Diem
Mr. Diem, 65, has had ITDM since 2013. His endocrinologist examined
him in 2017 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Diem understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Diem meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2017 and certified that he has stable nonproliferative diabetic
retinopathy. He holds a Class A CDL from Pennsylvania.
Mark W. Eaves
Mr. Eaves, 49, has had ITDM since 2014. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Eaves understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Eaves meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from New York.
Franklin J. Economy
Mr. Economy, 62, has had ITDM since 2012. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Economy understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Economy meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Pennsylvania.
Ervin L. Elfman, Jr.
Mr. Elfman, 79, has had ITDM since 2015. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Elfman understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Elfman meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Kansas.
Oliver L. Grigsby
Mr. Grigsby, 59, has had ITDM since 2014. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Grigsby understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Grigsby meets the
requirements of the vision standard at
[[Page 26214]]
49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and
certified that he does not have diabetic retinopathy. He holds a Class
A CDL from Virginia.
Jason Hargrove
Mr. Hargrove, 51, has had ITDM since 2014. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Hargrove understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hargrove meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
proliferative diabetic retinopathy. He holds a Class A CDL from North
Carolina.
Kevin J. Hart
Mr. Hart, 63, has had ITDM since 1997. His endocrinologist examined
him in 2017 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Hart understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Hart meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2017 and certified that he does not have diabetic retinopathy. He
holds an operator's license from New York.
Thomas R. Holland
Mr. Holland, 24, has had ITDM since 1995. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Holland understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Holland meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds an operator's license from
Maryland.
Martin J. Jones
Mr. Jones, 52, has had ITDM since 2015. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Jones understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Jones meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Massachusetts.
Robert A. Kurley
Mr. Kurley, 47, has had ITDM since 2015. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Kurley understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Kurley meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from Pennsylvania.
Robert I. Leach
Mr. Leach, 65, has had ITDM since 2016. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Leach understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Leach meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Virginia.
Mark A. Long
Mr. Long, 56, has had ITDM since 2016. His endocrinologist examined
him in 2017 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Long understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Long meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2017 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Pennsylvania.
Micheal D. Lucas
Mr. Lucas, 66, 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. Lucas understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Lucas meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Ohio.
Dagmar L. Osoria Castaneda
Mr. Osorio Castaneda, 31, 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
[[Page 26215]]
that Mr. Osorio Castaneda understands diabetes management and
monitoring, has stable control of his diabetes using insulin, and is
able to drive a CMV safely. Mr. Osorio Castaneda meets the requirements
of the vision standard at 49 CFR 391.41(b)(10). His optometrist
examined him in 2017 and certified that he does not have diabetic
retinopathy. He holds an operator's license from California.
Roxanne Pierce
Ms. Pierce, 62, has had ITDM since 1997. Her endocrinologist
examined her in 2017 and certified that she has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
Her endocrinologist certifies that Ms. Pierce understands diabetes
management and monitoring, has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Pierce meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2017 and certified that she does not have
diabetic retinopathy. She holds an operator's license from North
Dakota.
Garry B. Reynolds, Jr.
Mr. Reynolds, 52, has had ITDM since 2016. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (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 a Class C CDL from Michigan.
Jason R. Roberts
Mr. Roberts, 38, 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. 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 2016 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class D CDL from
Kentucky.
Ronald H. Shepherd
Mr. Shepherd, 41, has had ITDM since 2017. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Shepherd understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Shepherd meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Ohio.
Randall D. Shiflett
Mr. Shiflett, 52, has had ITDM since 2016. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Shiflett understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Shiflett meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from West Virginia.
Teddy D. Smith
Mr. Smith, 50, has had ITDM since 2015. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (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 2016 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Oklahoma.
Jonathan D. Snudden, Jr.
Mr. Snudden, 48, has had ITDM since 2013. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Snudden understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Snudden meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Missouri.
Maleika A. Swain-Ogilvie
Ms. Swain-Ogilvie, 38, has had ITDM since 2016. 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. Swain-Ogilvie understands
diabetes management and monitoring has stable control of her diabetes
using insulin, and is able to drive a CMV safely. Ms. Swain-Ogilvie
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 B CDL from
Pennsylvania.
Ashley D. Waite
Mr. Waite, 64, has had ITDM since 2007. His endocrinologist
examined him
[[Page 26216]]
in 2017 and certified that he has had no severe hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning in the past 12 months and no recurrent (2 or more)
severe hypoglycemic episodes in the last 5 years. His endocrinologist
certifies that Mr. Waite understands diabetes management and
monitoring, has stable control of his diabetes using insulin, and is
able to drive a CMV safely. Mr. Waite 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 Vermont.
Delbert A. Walker
Mr. Walker, 64, has had ITDM since 2015. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Walker understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Walker meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Pennsylvania.
Terry L. Watkins
Mr. Watkins, 49, has had ITDM since 2008. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Watkins understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Watkins meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from West Virginia.
Timothy Zulla
Mr. Zulla, 54, has had ITDM since 2015. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Zulla understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Zulla meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Florida.
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.
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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-2017-0035 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-2017-0035 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
[[Page 26217]]
Issued on: May 26, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-11640 Filed 6-5-17; 8:45 am]
BILLING CODE 4910-EX-P