Qualification of Drivers; Exemption Applications; Diabetes Mellitus |
|---|
|
Larry W. Minor
Federal Motor Carrier Safety Administration
October 15, 2015
[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)]
[Notices]
[Pages 62155-62161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26243]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0069]
Qualification of Drivers; Exemption Applications; Diabetes
Mellitus
AGENCY: Federal Motor Carrier Safety Administration (FMCSA).
ACTION: Notice of applications for exemptions; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from 41 individuals
for exemption from the prohibition against persons with insulin-treated
diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in
interstate commerce. If granted, the exemptions would enable these
individuals with ITDM to operate CMVs in interstate commerce.
DATES: Comments must be received on or before November 16, 2015.
ADDRESSES: You may submit comments bearing the Federal Docket
Management
[[Page 62156]]
System (FDMS) Docket No. FMCSA-2015-0069 using any of the following
methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., 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: Charles A. Horan, III, Director,
Carrier, Driver and Vehicle Safety Standards, (202) 366-4001,
fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
I. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption.'' The statute also allows the Agency to renew
exemptions at the end of the 2-year period. The 41 individuals listed
in this notice have recently requested such an exemption from the
diabetes prohibition in 49 CFR 391.41(b) (3), which applies to drivers
of CMVs in interstate commerce. Accordingly, the Agency will evaluate
the qualifications of each applicant to determine whether granting the
exemption will achieve the required level of safety mandated by
statute.
II. Qualifications of Applicants
David V. Bartel
Mr. Bartel, 45, has had ITDM since 2014. His endocrinologist
examined him in 2015 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. Bartel understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bartel meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Minnesota.
Derwin M. Beckles
Mr. Beckles, 43, has had ITDM since 2013. His endocrinologist
examined him in 2015 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. Beckles understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Beckles meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from New Jersey.
John H. Bell Jr.
Mr. Bell, 52, has had ITDM since 2012. His endocrinologist examined
him in 2015 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. Bell understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Bell meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2015 and certified that he does not have diabetic retinopathy. He
holds an operator's license from Florida.
Robert G. Chadwick
Mr. Chadwick, 58, has had ITDM since 2014. His endocrinologist
examined him in 2015 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. Chadwick understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Chadwick meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds an operator's license from Utah.
Brian D. Correll
Mr. Correll, 45, has had ITDM since 1985. His endocrinologist
examined him in 2015 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. Correll understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Correll meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist
[[Page 62157]]
examined him in 2015 and certified that he does not have diabetic
retinopathy. He holds a Class B CDL from Pennsylvania.
Stephen V. Danczak
Mr. Danczak, 37, has had ITDM since 1992. His endocrinologist
examined him in 2015 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. Danczak understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Danczak meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Ohio.
Thomas W. Feeley
Mr. Feeley, 56, has had ITDM since 2010. His endocrinologist
examined him in 2015 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. Feeley understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Feeley meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from New York.
Jeffrey S. Gurcik
Mr. Gurcik, 47, has had ITDM since 2009. His endocrinologist
examined him in 2015 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. Gurcik understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Gurcik meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that does not have
diabetic retinopathy. He holds an operator's license from New Jersey.
Robert Hackney, Jr.
Mr. Hackney, 58, has had ITDM since 2012. His endocrinologist
examined him in 2015 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. Hackney understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hackney meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from New Jersey.
Lawrence D. Hastings
Mr. Hastings, 53, has had ITDM since 2014. His endocrinologist
examined him in 2015 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. Hastings understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hastings meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Wisconsin.
Michael P. Haun
Mr. Haun, 49, has had ITDM since 1989. His endocrinologist examined
him in 2015 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. Haun understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Haun meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2015 and certified that he has stable nonproliferative diabetic
retinopathy. He holds an operator's license from Rhode Island.
Anthony G. Hill
Mr. Hill, 52, has had ITDM since 2013. His endocrinologist examined
him in 2015 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. Hill understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Hill meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2015 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Georgia.
Charles H. Hillman
Mr. Hillman, 67, has had ITDM since 2012. His endocrinologist
examined him in 2015 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. Hillman understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hillman meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Oregon.
Alan L. Hodge
Mr. Hodge, 57, has had ITDM since 2011. His endocrinologist
examined him in 2015 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. Hodge understands diabetes
management and monitoring,
[[Page 62158]]
has stable control of his diabetes using insulin, and is able to drive
a CMV safely. Mr. Hodge meets the requirements of the vision standard
at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and
certified that he does not have diabetic retinopathy. He holds an
operator's license from Minnesota.
Hans G. Horschig
Mr. Horschig, 58, has had ITDM since 2012. His endocrinologist
examined him in 2015 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. Horschig understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Horschig meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from New Mexico.
Nicholas C. Huber
Mr. Huber, 23, has had ITDM since 2012. His endocrinologist
examined him in 2015 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. Huber understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Huber meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Iowa.
Joseph S. Hurlburt
Mr. Hurlburt, 64, has had ITDM since 2013. His endocrinologist
examined him in 2015 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. Hurlburt understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hurlburt meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from New
York.
Robert J. Johnson
Mr. Johnson, 30, has had ITDM since 2009. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Johnson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Johnson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Washington.
Christopher E. Jones
Mr. Jones, 54, has had ITDM since 2014. His endocrinologist
examined him in 2015 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 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from New York.
Roger L. Killion
Mr. Killion, 44, has had ITDM since 2011. His endocrinologist
examined him in 2015 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. Killion understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Killion meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from North Carolina.
Robert L. Lawson
Mr. Lawson, 36, has had ITDM since 1987. His endocrinologist
examined him in 2015 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. Lawson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Lawson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
South Carolina.
Leroy Madison
Mr. Madison, 63, has had ITDM since 2012. His endocrinologist
examined him in 2015 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. Madison understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Madison meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from South Carolina.
Mark L. Martin
Mr. Martin, 51, has had ITDM since 2010. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the
[[Page 62159]]
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. Martin understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Martin meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Washington.
Wendell J. Matthews
Mr. Matthews, 54, has had ITDM since 2011. His endocrinologist
examined him in 2015 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. Matthews understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Matthews meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from Missouri.
Peter G. Mattos
Mr. Mattos, 60, has had ITDM since 2014. His endocrinologist
examined him in 2015 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. Mattos understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Mattos meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Vermont.
Randy G. Moody
Mr. Moody, 59, has had ITDM since 2007. His endocrinologist
examined him in 2015 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. Moody understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Moody meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Tennessee.
Michael J. Murray, Jr.
Mr. Murray, 41, has had ITDM since 2015. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Murray understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Murray meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from California.
Joseph K. Neisen
Mr. Neisen, 31, has had ITDM since 2009. His endocrinologist
examined him in 2015 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. Neisen understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Neisen meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Illinois.
Manuel Pereira
Mr. Pereira, 61, has had ITDM since 1998. His endocrinologist
examined him in 2015 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. Pereira understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Pereira meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Connecticut.
Herman Powell, Jr.
Mr. Powell, 58, has had ITDM since 2013. His endocrinologist
examined him in 2015 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. Powell understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Powell meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Texas.
William H. Riley, Jr.
Mr. Riley, 51, has had ITDM since 2012. His endocrinologist
examined him in 2015 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. Riley understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Riley meets the
requirements of the vision standard at 49 CFR
[[Page 62160]]
391.41(b)(10). His optometrist examined him in 2015 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
Illinois.
James W. Smith
Mr. Smith, 50, has had ITDM since 2015. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Smith understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Smith meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from South Carolina.
Thomas H. Smith
Mr. Smith, 57, has had ITDM since 2014. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Smith understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Smith meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Wisconsin.
Michael J. Swanson
Mr. Swanson, 58, has had ITDM since 1996. His endocrinologist
examined him in 2015 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. Swanson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Swanson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Illinois.
Patrick J. Sweeney
Mr. Sweeney, 51, has had ITDM since 1991. His endocrinologist
examined him in 2015 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. Sweeney understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Sweeney meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class B CDL from New
Jersey.
Richard T. Tabeling
Mr. Tabeling, 79, has had ITDM since 2007. His endocrinologist
examined him in 2015 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. Tabeling understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Tabeling meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Kentucky.
David Tellez
Mr. Tellez, 51, has had ITDM since 2010. His endocrinologist
examined him in 2015 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. Tellez understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Tellez meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Montana.
Mark A. Turley
Mr. Turley, 43, has had ITDM since 1976. His endocrinologist
examined him in 2015 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. Turley understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Turley meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Pennsylvania.
Kristi L. Turner
Ms. Turner, 47, has had ITDM since 2000. Her endocrinologist
examined her in 2015 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. Turner understands diabetes
management and monitoring has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Turner meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2015 and certified that she does not have
diabetic retinopathy. She holds a Class B CDL from Texas.
Jon T. Webster
Mr. Webster, 54, has had ITDM since 2015. His endocrinologist
examined him in 2015 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
[[Page 62161]]
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Webster understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Webster meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from Minnesota.
Owen E. Whetzel
Mr. Whetzel, 63, has had ITDM since 2015. His endocrinologist
examined him in 2015 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. Whetzel understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Whetzel meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from West Virginia.
III. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the date section
of the notice.
FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users requires
the Secretary to revise its diabetes exemption program established on
September 3, 2003 (68 FR 52441).\1\ The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
---------------------------------------------------------------------------
\1\ Section 4129(a) refers to the 2003 notice as a ``final
rule.'' However, the 2003 notice did not issue a ``final rule'' but
did establish the procedures and standards for issuing exemptions
for drivers with ITDM.
---------------------------------------------------------------------------
Section 4129 requires: (1) Elimination of the requirement for 3
years of experience operating CMVs while being treated with insulin;
and (2) establishment of a specified minimum period of insulin use to
demonstrate stable control of diabetes before being allowed to operate
a CMV.
In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year driving experience and fulfilled
the requirements of section 4129 while continuing to ensure that
operation of CMVs by drivers with ITDM will achieve the requisite level
of safety required of all exemptions granted under 49 U.S.C. 31136 (e).
Section 4129(d) also directed FMCSA to ensure that drivers of CMVs
with ITDM are not held to a higher standard than other drivers, with
the exception of limited operating, monitoring and medical requirements
that are deemed medically necessary.
The FMCSA concluded that all of the operating, monitoring and
medical requirements set out in the September 3, 2003 notice, except as
modified, were in compliance with section 4129(d). Therefore, all of
the requirements set out in the September 3, 2003 notice, except as
modified by the notice in the Federal Register on November 8, 2005 (70
FR 67777), remain in effect.
IV. Submitting Comments
You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2015-0069 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule 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, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
FMCSA-2015-0069 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.
Dated: October 7, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-26243 Filed 10-14-15; 8:45 am]
BILLING CODE 4910-EX-P