Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 47301-47305 [2017-21900]
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Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices
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
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 July 3, 2017, FMCSA published a
notice announcing its decision to renew
exemptions for five individuals from the
hearing standard in 49 CFR
391.41(b)(11) to operate a CMV in
interstate commerce and requested
comments from the public (82 FR
30939). The public comment period
ended on August 2, 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)(11).
The physical qualification standard
for drivers regarding hearing found in
49 CFR 391.41(b)(11) states that a
person is physically qualified to driver
a CMV if that person:
First perceives a forced whispered voice in
the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested
by use of an audiometric device, does not
have an average hearing loss in the better ear
greater than 40 decibels at 500 Hz, 1,000 Hz,
and 2,000 Hz with or without a hearing aid
when the audiometric device is calibrated to
American National Standard (formerly ASA
Standard) Z24.5–1951.
49 CFR 391.41(b)(11) was adopted in
1970, with a revision in 1971 to allow
drivers to be qualified under this
standard while wearing a hearing aid,
35 FR 6458, 6463 (April 22, 1970) and
36 FR 12857 (July 3, 1971).
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III. Discussion of Comments
FMCSA received no comments in
response to this preceding.
IV. Conclusion
Based upon its evaluation of the five
renewal exemption applications,
FMCSA announces its’ decision to
exempt the following drivers from the
hearing requirement in 49 CFR 391.41
(b)(11).
As of June 10, 2017, and in
accordance with 49 U.S.C. 31136(e) and
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31315, the following individuals have
satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers. (82 FR 30939):
Thomas Carr (PA)
Richard Knapp (WI)
Keith Miller (PA)
Jeffrey Webber (OK)
Michael Wilkes (MA)
The drivers were included in docket
number FMCSA–2014–0384. Their
exemptions were applicable on June 10,
2017, and will expire on June 10, 2019.
In accordance with 49 U.S.C. 31315,
each exemption will be valid for two
years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and
31315.
Issued on: October 2, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–21894 Filed 10–10–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0234]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 27 individuals for an
exemption from the prohibition in the
Federal Motor Carrier Safety
Regulations (FMCSRs) against persons
with insulin-treated diabetes mellitus
(ITDM) operating a commercial motor
vehicle (CMV) in interstate commerce. If
granted, the exemptions would enable
these individuals with ITDM to operate
CMVs in interstate commerce.
DATES: Comments must be received on
or before November 13, 2017.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2017–0234 using any of the following
methods:
SUMMARY:
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• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket number(s) for this notice. Note
that all comments received will be
posted without change to 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
FDMS is available 24 hours each day
e.t., 365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments online.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to 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.
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 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:
FOR FURTHER INFORMATION CONTACT:
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I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the FMCSRs for a five-year period if it
finds ‘‘such exemption would likely
achieve a level of safety that is
equivalent to or greater than the level
that would be achieved absent such
exemption.’’ The statute also allows the
Agency to renew exemptions at the end
of the five-year period. FMCSA grants
exemptions from the FMCSRs for a twoyear period to align with the maximum
duration of a driver’s medical
certification.
The 27 individuals listed in this
notice have requested an exemption
from the diabetes prohibition in 49 CFR
391.41(b)(3). Accordingly, the Agency
will evaluate the qualifications of each
applicant to determine whether granting
the exemption will achieve the required
level of safety mandated by statute.
The physical qualification standard
for drivers regarding diabetes found in
49 CFR 391.41(b)(3) states that a person
is physically qualified to drive a CMV
if that person:
Has no established medical history or
clinical diagnosis of diabetes mellitus
currently requiring insulin for control.
The Agency established the current
requirement for diabetes in 1970
because several risk studies indicated
that drivers with diabetes had a higher
rate of crash involvement than the
general population.
FMCSA established its diabetes
exemption program, based on the
Agency’s July 2000 study entitled ‘‘A
Report to Congress on the Feasibility of
a Program to Qualify Individuals with
Insulin-Treated Diabetes Mellitus to
Operate in Interstate Commerce as
Directed by the Transportation Act for
the 21st Century.’’ The report concluded
that a safe and practicable protocol to
allow some drivers with ITDM to
operate CMVs is feasible. The
September 3, 2003 (68 FR 52441),
Federal Register notice in conjunction
with the November 8, 2005 (70 FR
67777), Federal Register notice provides
the current protocol for allowing such
drivers to operate CMVs in interstate
commerce.
FMCSA notes that section 4129 of the
Safe, Accountable, Flexible and
Efficient Transportation Equity Act: A
Legacy for Users requires the Secretary
to revise its diabetes exemption program
established on September 3, 2003 (68 FR
52441). The revision must provide for
individual assessment of drivers with
diabetes mellitus, and be consistent
with the criteria described in section
4018 of the Transportation Equity Act
for the 21st Century (49 U.S.C. 31305).
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Section 4129 requires: (1) Elimination of
the requirement for three years of
experience operating CMVs while being
treated with insulin; and (2)
establishment of a specified minimum
period of insulin use to demonstrate
stable control of diabetes before being
allowed to operate a CMV.
In response to section 4129, FMCSA
made immediate revisions to the
diabetes exemption program established
by the September 3, 2003 notice.
FMCSA discontinued use of the threeyear driving experience and fulfilled the
requirements of section 4129 while
continuing to ensure that operation of
CMVs by drivers with ITDM will
achieve the requisite level of safety
required of all exemptions granted
under 49 U.S.C. 31136 (e). Section
4129(d) also directed FMCSA to ensure
that drivers of CMVs with ITDM are not
held to a higher standard than other
drivers, with the exception of limited
operating, monitoring and medical
requirements that are deemed medically
necessary.
The FMCSA concluded that all of the
operating, monitoring and medical
requirements set out in the September 3,
2003, notice, except as modified, were
in compliance with section 4129(d).
Therefore, all of the requirements set
out in the September 3, 2003, notice,
except as modified by the notice in the
Federal Register on November 8, 2005
(70 FR 67777), remain in effect.
II. Qualifications of Applicants
James J. Aden
Mr. Aden, 70, 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 (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Aden understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Aden meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined
him in 2017 and certified that he does
not have diabetic retinopathy. He holds
an operator’s license from Minnesota.
Serafim S. Amaral
Mr. Amaral, 62, has had ITDM since
2017. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
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assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Amaral understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Amaral 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 from California.
John E. Biel
Mr. Biel, 71, has had ITDM since
2016. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Biel understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Biel 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.
Adam D. Comer
Mr. Comer, 32, has had ITDM since
1987. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Comer understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Comer 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
Arkansas.
Timothy P. Conner
Mr. Conner, 49, has had ITDM since
2010. 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 (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Conner understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Conner 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 Virginia.
Miguel P. Flores
Mr. Flores, 57, has had ITDM since
2012. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Flores understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Flores 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
Washington.
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Mark J. Fulks
Mr. Fulks, 32, has had ITDM since
2016. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Fulks understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Fulks 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 Iowa.
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Jkt 244001
Daniel Gonzalez, III
Mr. Gonzalez, 46, has had ITDM since
2012. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Gonzalez understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Gonzalez 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.
Chad A. Hayden
Mr. Hayden, 42, has had ITDM since
2016. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Hayden understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Hayden meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2017 and certified that
he does not have diabetic retinopathy.
He holds an operator’s license from
Indiana.
Joseph F. Hubenka
Mr. Hubenka, 57, has had ITDM since
2017. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Hubenka understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Hubenka 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
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47303
nonproliferative diabetic retinopathy.
He holds a Class A CDL from Nebraska.
Galen M. Hurd, III
Mr. Hurd, 53, has had ITDM since
2015. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Hurd understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Hurd 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 B CDL
from South Carolina.
Edward S. Jacobs
Mr. Jacobs, 58, has had ITDM since
2017. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Jacobs understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Jacobs 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
Michigan.
Jason D. Jones
Mr. Jones, 45, has had ITDM since
2017. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. 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
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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 Oklahoma.
David M. Kelly
Mr. Kelly, 63, has had ITDM since
2016. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Kelly understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Kelly 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 Maryland.
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Robert A. Leboffe
Mr. Leboffe, 25, has had ITDM since
1999. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Leboffe understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Leboffe 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.
Tanner H. Littlefield
Mr. Littlefield, 26, has had ITDM
since 2015. His endocrinologist
examined him in 2017 and certified that
he has had no severe hypoglycemic
reactions resulting in loss of
consciousness, requiring the assistance
of another person, or resulting in
impaired cognitive function that
occurred without warning in the past 12
months and no recurrent (two or more)
severe hypoglycemic episodes in the
last five years. His endocrinologist
certifies that Mr. Littlefield understands
diabetes management and monitoring,
has stable control of his diabetes using
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Jkt 244001
insulin, and is able to drive a CMV
safely. Mr. Littlefield meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2016 and certified that
he does not have diabetic retinopathy.
He holds an operator’s license from
Rhode Island.
Veneta K. Mayor
Ms. Mayor, 49, has had ITDM since
2012. 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 (two or more) severe
hypoglycemic episodes in the last five
years. Her endocrinologist certifies that
Ms. Mayor understands diabetes
management and monitoring, has stable
control of her diabetes using insulin,
and is able to drive a CMV safely. Ms.
Mayor 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 Nevada.
Randy J. Nekuda
Mr. Nekuda, 60, has had ITDM since
2017. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Nekuda understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Nekuda 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 Nebraska.
Thomas M. Reece
Mr. Reece, 45, has had ITDM since
2017. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
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certifies that Mr. Reece understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Reece 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.
Michael L. Rivera
Mr. Rivera, 36, has had ITDM since
2013. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Rivera understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Rivera 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.
Gary L. Robbins
Mr. Robbins, 49, has had ITDM since
2016. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Robbins understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Robbins meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2016 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from Oregon.
Eddie Rodriguez, Jr.
Mr. Rodriguez, 37, has had ITDM
since 2011. His endocrinologist
examined him in 2017 and certified that
he has had no severe hypoglycemic
reactions resulting in loss of
consciousness, requiring the assistance
of another person, or resulting in
impaired cognitive function that
occurred without warning in the past 12
E:\FR\FM\11OCN1.SGM
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Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices
months and no recurrent (two or more)
severe hypoglycemic episodes in the
last five years. His endocrinologist
certifies that Mr. Rodriguez understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Rodriguez 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 an operator’s license from Texas.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Erwin R. Rud
Mr. Rud, 68, has had ITDM since
1954. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Rud understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Rud 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 Minnesota.
Diane L. Simmons
Ms. Simmons, 70, has had ITDM since
2016. 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 (two or more) severe
hypoglycemic episodes in the last five
years. Her endocrinologist certifies that
Ms. Simmons understands diabetes
management and monitoring, has stable
control of her diabetes using insulin,
and is able to drive a CMV safely. Ms.
Simmons 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 a Class
B CDL from Idaho.
Russell Van Alphen
Mr. Van Alphen, 47, has had ITDM
since 1999. His endocrinologist
examined him in 2017 and certified that
he has had no severe hypoglycemic
reactions resulting in loss of
VerDate Sep<11>2014
17:58 Oct 10, 2017
Jkt 244001
consciousness, requiring the assistance
of another person, or resulting in
impaired cognitive function that
occurred without warning in the past 12
months and no recurrent (two or more)
severe hypoglycemic episodes in the
last five years. His endocrinologist
certifies that Mr. Van Alphen
understands diabetes management and
monitoring, has stable control of his
diabetes using insulin, and is able to
drive a CMV safely.
Mr. Van Alphen meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2017 and certified that
he does not have diabetic retinopathy.
He holds an operator’s license from
Massachusetts.
Thomas C. Williams
Mr. Williams, 22, has had ITDM since
2015. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Williams understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Williams 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 Kansas.
Glen E. Wray, Jr.
Mr. Wray, 55, has had ITDM since
2016. His endocrinologist examined him
in 2017 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in
the last five years. His endocrinologist
certifies that Mr. Wray understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Wray 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
Pennsylvania.
PO 00000
Frm 00135
Fmt 4703
Sfmt 9990
47305
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’s section of the notice.
IV. Submitting Comments
You may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket number
FMCSA–2017–0234 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
materials received during the comment
period. FMCSA may issue a final
determination at any time after the close
of the comment period.
V. Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
go to https://www.regulations.gov and in
the search box insert the docket number
FMCSA–2017–0234 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
Issued on: October 2, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–21900 Filed 10–10–17; 8:45 am]
BILLING CODE 4910–EX–P
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Agencies
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Notices]
[Pages 47301-47305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21900]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0234]
Qualification of Drivers; Exemption Applications; Diabetes
Mellitus
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from 27 individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with insulin-treated
diabetes mellitus (ITDM) operating a commercial motor vehicle (CMV) in
interstate commerce. If granted, the exemptions would enable these
individuals with ITDM to operate CMVs in interstate commerce.
DATES: Comments must be received on or before November 13, 2017.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2017-0234 using any of the
following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to 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 FDMS is available 24 hours each day e.t.,
365 days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to 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.
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 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:
[[Page 47302]]
I. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-year period if it finds ``such exemption
would likely achieve a level of safety that is equivalent to or greater
than the level that would be achieved absent such exemption.'' The
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
The 27 individuals listed in this notice have requested an
exemption from the diabetes prohibition in 49 CFR 391.41(b)(3).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting the exemption will achieve the
required level of safety mandated by statute.
The physical qualification standard for drivers regarding diabetes
found in 49 CFR 391.41(b)(3) states that a person is physically
qualified to drive a CMV if that person:
Has no established medical history or clinical diagnosis of
diabetes mellitus currently requiring insulin for control.
The Agency established the current requirement for diabetes in 1970
because several risk studies indicated that drivers with diabetes had a
higher rate of crash involvement than the general population.
FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal
Register notice in conjunction with the November 8, 2005 (70 FR 67777),
Federal Register notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users requires
the Secretary to revise its diabetes exemption program established on
September 3, 2003 (68 FR 52441). The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
Section 4129 requires: (1) Elimination of the requirement for three
years of experience operating CMVs while being treated with insulin;
and (2) establishment of a specified minimum period of insulin use to
demonstrate stable control of diabetes before being allowed to operate
a CMV.
In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 notice.
FMCSA discontinued use of the three-year driving experience and
fulfilled the requirements of section 4129 while continuing to ensure
that operation of CMVs by drivers with ITDM will achieve the requisite
level of safety required of all exemptions granted under 49 U.S.C.
31136 (e). Section 4129(d) also directed FMCSA to ensure that drivers
of CMVs with ITDM are not held to a higher standard than other drivers,
with the exception of limited operating, monitoring and medical
requirements that are deemed medically necessary.
The FMCSA concluded that all of the operating, monitoring and
medical requirements set out in the September 3, 2003, notice, except
as modified, were in compliance with section 4129(d). Therefore, all of
the requirements set out in the September 3, 2003, notice, except as
modified by the notice in the Federal Register on November 8, 2005 (70
FR 67777), remain in effect.
II. Qualifications of Applicants
James J. Aden
Mr. Aden, 70, 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 (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Aden understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Aden meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2017 and certified that he does not have diabetic retinopathy. He
holds an operator's license from Minnesota.
Serafim S. Amaral
Mr. Amaral, 62, has had ITDM since 2017. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Amaral understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Amaral 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 from California.
John E. Biel
Mr. Biel, 71, has had ITDM since 2016. His endocrinologist examined
him in 2017 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Biel understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Biel 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.
Adam D. Comer
Mr. Comer, 32, has had ITDM since 1987. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Comer understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Comer 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 Arkansas.
Timothy P. Conner
Mr. Conner, 49, has had ITDM since 2010. His endocrinologist
examined him
[[Page 47303]]
in 2017 and certified that he has had no severe hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning in the past 12 months and no recurrent (two or more)
severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Conner understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Conner 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 Virginia.
Miguel P. Flores
Mr. Flores, 57, has had ITDM since 2012. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Flores understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Flores 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 Washington.
Mark J. Fulks
Mr. Fulks, 32, has had ITDM since 2016. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Fulks understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Fulks 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 Iowa.
Daniel Gonzalez, III
Mr. Gonzalez, 46, has had ITDM since 2012. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Gonzalez understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Gonzalez 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.
Chad A. Hayden
Mr. Hayden, 42, has had ITDM since 2016. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Hayden understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Hayden meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Indiana.
Joseph F. Hubenka
Mr. Hubenka, 57, has had ITDM since 2017. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Hubenka understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Hubenka 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
Nebraska.
Galen M. Hurd, III
Mr. Hurd, 53, has had ITDM since 2015. His endocrinologist examined
him in 2017 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Hurd understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Hurd 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 B CDL from South Carolina.
Edward S. Jacobs
Mr. Jacobs, 58, has had ITDM since 2017. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Jacobs understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Jacobs 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 Michigan.
Jason D. Jones
Mr. Jones, 45, has had ITDM since 2017. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. 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
[[Page 47304]]
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 Oklahoma.
David M. Kelly
Mr. Kelly, 63, has had ITDM since 2016. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Kelly understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Kelly 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 Maryland.
Robert A. Leboffe
Mr. Leboffe, 25, has had ITDM since 1999. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Leboffe understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Leboffe 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.
Tanner H. Littlefield
Mr. Littlefield, 26, has had ITDM since 2015. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Littlefield understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Littlefield meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Rhode Island.
Veneta K. Mayor
Ms. Mayor, 49, has had ITDM since 2012. 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 (two or more) severe hypoglycemic episodes in the last five
years. Her endocrinologist certifies that Ms. Mayor understands
diabetes management and monitoring, has stable control of her diabetes
using insulin, and is able to drive a CMV safely. Ms. Mayor 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 Nevada.
Randy J. Nekuda
Mr. Nekuda, 60, has had ITDM since 2017. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Nekuda understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Nekuda 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 Nebraska.
Thomas M. Reece
Mr. Reece, 45, has had ITDM since 2017. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Reece understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Reece 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.
Michael L. Rivera
Mr. Rivera, 36, has had ITDM since 2013. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Rivera understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Rivera 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.
Gary L. Robbins
Mr. Robbins, 49, has had ITDM since 2016. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Robbins understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Robbins meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2016 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Oregon.
Eddie Rodriguez, Jr.
Mr. Rodriguez, 37, has had ITDM since 2011. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12
[[Page 47305]]
months and no recurrent (two or more) severe hypoglycemic episodes in
the last five years. His endocrinologist certifies that Mr. Rodriguez
understands diabetes management and monitoring, has stable control of
his diabetes using insulin, and is able to drive a CMV safely. Mr.
Rodriguez 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 an
operator's license from Texas.
Erwin R. Rud
Mr. Rud, 68, has had ITDM since 1954. His endocrinologist examined
him in 2017 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Rud understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Rud 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 Minnesota.
Diane L. Simmons
Ms. Simmons, 70, has had ITDM since 2016. 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 (two or more) severe hypoglycemic episodes in the last five
years. Her endocrinologist certifies that Ms. Simmons understands
diabetes management and monitoring, has stable control of her diabetes
using insulin, and is able to drive a CMV safely. Ms. Simmons 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 a Class B CDL from Idaho.
Russell Van Alphen
Mr. Van Alphen, 47, has had ITDM since 1999. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Van Alphen understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely.
Mr. Van Alphen meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His optometrist examined him in 2017 and certified
that he does not have diabetic retinopathy. He holds an operator's
license from Massachusetts.
Thomas C. Williams
Mr. Williams, 22, has had ITDM since 2015. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Williams understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Williams 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 Kansas.
Glen E. Wray, Jr.
Mr. Wray, 55, has had ITDM since 2016. His endocrinologist examined
him in 2017 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Wray understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Wray 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 Pennsylvania.
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's
section of the notice.
IV. Submitting Comments
You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov and
in the search box insert the docket number FMCSA-2017-0234 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
We will consider all comments and materials received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.
V. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble, go to https://www.regulations.gov and in the search box insert
the docket number FMCSA-2017-0234 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: October 2, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-21900 Filed 10-10-17; 8:45 am]
BILLING CODE 4910-EX-P