
[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Notices]
[Pages 18812-18817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08078]



[[Page 18812]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0033]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

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

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SUMMARY: FMCSA announces receipt of applications from 41 individuals 
for exemption from the prohibition against persons with insulin-treated 
diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in 
interstate commerce. If granted, the exemptions would enable these 
individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before May 22, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2017-0033 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., 
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket numbers for this notice. Note that all comments received will be 
posted without change to 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., e.t., Monday through Friday, 
except Federal holidays. The Federal Docket Management System (FDMS) is 
available 24 hours each day, 365 days each year. If you want 
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the Federal Motor Carrier Safety Regulations for a 2-year period 
if it finds ``such exemption would likely achieve a level of safety 
that is equivalent to or greater than the level that would be achieved 
absent such exemption.'' The statute also allows the Agency to renew 
exemptions at the end of the 2-year period. The 41 individuals listed 
in this notice have recently requested such an exemption from the 
diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers 
of CMVs in interstate commerce. Accordingly, the Agency will evaluate 
the qualifications of each applicant to determine whether granting the 
exemption will achieve the required level of safety mandated by 
statute.

II. Qualifications of Applicants

Darryl Bates

    Mr. Bates, 53, has had ITDM since 2016. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Bates understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Bates 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 C CDL from Illinois.

Jacob S. Beach

    Mr. Beach, 24, has had ITDM since 2016. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Beach understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Beach 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.

Ralph N. Bonnema, Jr.

    Mr. Bonnema, 74, has had ITDM since 2010. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Bonnema understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Bonnema 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 
Ohio.

Robert L. Brooks

    Mr. Brooks, 66, has had ITDM since 2015. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Brooks understands diabetes 
management and monitoring, has stable control of his diabetes using

[[Page 18813]]

insulin, and is able to drive a CMV safely. Mr. Brooks 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 C CDL from Mississippi.

Broderick J. Burgess

    Mr. Burgess, 30, has had ITDM since 1993. His endocrinologist 
examined him in 2016 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Burgess understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Burgess 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 Kansas.

Jerry L. Carter

    Mr. Carter, 71, has had ITDM since 2016. His endocrinologist 
examined him in 2016 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Carter understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Carter 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. He holds a Class A CDL from Illinois.

Robert D. Clayton

    Mr. Clayton, 73, has had ITDM since 2011. His endocrinologist 
examined him in 2016 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Clayton understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Clayton 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 Nevada.

Christopher M. Cleland

    Mr. Cleland, 49, has had ITDM since 2001. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Cleland understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Cleland meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from Alabama.

Frank L. Creswell, III

    Mr. Creswell, 49, has had ITDM since 2017. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Creswell understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Creswell 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.

Brian L. Dinger

    Mr. Dinger, 50, has had ITDM since 2009. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Dinger understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Dinger 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 Iowa.

Michael E. Fobian

    Mr. Fobian, 55, has had ITDM since 2016. His endocrinologist 
examined him in 2016 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Fobian understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Fobian meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2017 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from New 
Jersey.

Cecil J. Garmon

    Mr. Garmon, 61, has had ITDM since 2016. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Garmon understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Garmon meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Tennessee.

Terrance M. Golden

    Mr. Golden, 57, has had ITDM since 2016. His endocrinologist 
examined him in 2016 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function

[[Page 18814]]

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. Golden understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Golden 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 Minnesota.

Arthur V. Hansard

    Mr. Hansard, 59, has had ITDM since 2016. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Hansard understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Hansard 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 Georgia.

Delbert L. Harris

    Mr. Harris, 51, has had ITDM since 2016. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Harris understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Harris meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2017 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Mississippi.

Jon C. Jones

    Mr. Jones, 57, has had ITDM since 2014. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Jones understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Jones meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2017 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Idaho.

Rodney W. Kirkland

    Mr. Kirkland, 49, has had ITDM since 2014. His endocrinologist 
examined him in 2016 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Kirkland understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Kirkland 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.

David P. Laselle

    Mr. Laselle, 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 (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Laselle understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Laselle 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 Alaska.

Jared L. Lischka

    Mr. Lischka, 38, 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 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Lischka understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Lischka 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 Texas.

Mark V. Longo

    Mr. Longo, 65, has had ITDM since 2015. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Longo understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Longo meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2017 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Ohio.

Keith A. Mattix

    Mr. Mattix, 66, has had ITDM since 2013. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Mattix understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Mattix 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 Utah.

[[Page 18815]]

Ryan J. McClurg

    Mr. McClurg, 37, has had ITDM since 2013. His endocrinologist 
examined him in 2016 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. McClurg understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. McClurg meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from New York.

Michael A. McLaughlin

    Mr. McLaughlin, 61, has had ITDM since 2009. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. McLaughlin understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. McLaughlin 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 Jersey.

Charles D. Paschall

    Mr. Paschall, 55, has had ITDM since 1989. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Paschall understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Paschall 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 Kentucky.

Alan Poller

    Mr. Poller, 61, has had ITDM since 2006. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Poller understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Poller meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2017 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from New 
Jersey.

George E. Powell

    Mr. Powell, 66, has had ITDM since 2016. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. 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 
ophthalmologist examined him in 2017 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from New Mexico.

Kyle B. Rindels

    Mr. Rindels, 35, has had ITDM since 1994. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Rindels understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Rindels 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 
Minnesota.

Larry J. Sobolik

    Mr. Sobolik, 22, has had ITDM since 2009. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Sobolik understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Sobolik 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 Oklahoma.

Kevin J. Story

    Mr. Story, 52, has had ITDM since 2015. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Story understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Story 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 Maryland.

Zachary A. Stovall

    Mr. Stovall, 26, has had ITDM since 2002. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist

[[Page 18816]]

certifies that Mr. Stovall understands diabetes management and 
monitoring, has stable control of his diabetes using insulin, and is 
able to drive a CMV safely. Mr. Stovall 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 Texas.

Joseph Summers

    Mr. Summers, 22, has had ITDM since 2001. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Summers understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Summers 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 Texas.

Robert J. Tate

    Mr. Tate, 38, has had ITDM since 2014. His endocrinologist examined 
him in 2017 and certified that he has had no severe hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 12 months and no recurrent (2 or 
more) severe hypoglycemic episodes in the last 5 years. His 
endocrinologist certifies that Mr. Tate understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Tate 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 Virginia.

Anthony Terrill

    Mr. Terrill, 48, has had ITDM since 2008. His endocrinologist 
examined him in 2016 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Terrill understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Terrill meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from 
Missouri.

Danny A. Thomas

    Mr. Thomas, 58, has had ITDM since 2015. His endocrinologist 
examined him in 2016 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Thomas understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Thomas meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2016 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Pennsylvania.

Randy D. Tyson

    Mr. Tyson, 61, has had ITDM since 2016. His endocrinologist 
examined him in 2016 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Tyson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Tyson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2017 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Pennsylvania.

Roy T. Varner

    Mr. Varner, 73, has had ITDM since 2017. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Varner understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Varner meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2017 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Danny G. Washington

    Mr. Washington, 55, has had ITDM since 1997. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Washington understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Washington meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from 
Mississippi.

Clinton M. Westbrook

    Mr. Westbrook, 54, has had ITDM since 2014. His endocrinologist 
examined him in 2016 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Westbrook understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Westbrook meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2016 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Illinois.

[[Page 18817]]

Matthew R. Whitney

    Mr. Whitney, 35, has had ITDM since 2016. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Whitney understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Whitney 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 Nebraska.

Gary W. Wright

    Mr. Wright, 50, has had ITDM since 2014. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Wright understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Wright 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 Virginia.

Joseph D. Zimmer

    Mr. Zimmer, 44, has had ITDM since 2016. His endocrinologist 
examined him in 2017 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Zimmer understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Zimmer 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 Illinois.

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-2017-0033 and click 
the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right hand side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. If you submit your comments by mail or 
hand delivery, submit them in an unbound format, no larger than 8\1/2\ 
by 11 inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the facility, 
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the 
comment period. FMCSA may issue a final determination at any time after 
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2017-0033 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: April 14, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-08078 Filed 4-20-17; 8:45 am]
 BILLING CODE 4910-EX-P


