Qualification of Drivers; Exemption Applications; Diabetes Mellitus

Larry W. Minor
Federal Motor Carrier Safety Administration
October 1, 2015

[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)]
[Notices]
[Pages 59237-59244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24922]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0067]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

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

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

-----------------------------------------------------------------------

SUMMARY: FMCSA announces receipt of applications from 52 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 2, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2015-0067 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 52 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

Melvin S. Adams, Jr.

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

[[Page 59238]]

    Mr. Adams 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 Maryland.

Kevin R. Arnett

    Mr. Arnett, 44, 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. Arnett understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Arnett 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 Missouri.

David A. Ash

    Mr. Ash, 48, 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. Ash understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Ash 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 Kansas.

Louis Barrios

    Mr. Barrios, 66, 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. Barrios understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely.
    Mr. Barrios 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 
Nevada.

Robert W. Brown

    Mr. Brown, 46, 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. Brown understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Brown meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2015 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Tennessee.

Gallaspy C. Chapman

    Mr. Chapman, 62, 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. Chapman understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Chapman 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 Colorado.

Fredrick R. Conner

    Mr. Conner, 60, 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. 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 optometrist examined him in 2015 and certified that 
he does not have diabetic retinopathy. He holds a Class A CDL from 
Pennsylvania.

Charles A. Culler

    Mr. Culler, 59, 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. Culler understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Culler 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 Ohio.

Allan E. Dover

    Mr. Dover, 40, 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. Dover understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Dover 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 Idaho.

Warren L. Duncan

    Mr. Duncan, 53, 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

[[Page 59239]]

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

Larry D. Everett

    Mr. Everett, 57, 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. Everett understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Everett 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 California.

James Ferrone

    Mr. Ferrone, 52, 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. Ferrone understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Ferrone 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 Pennsylvania.

Kenneth C. Fosdick

    Mr. Fosdick, 59, 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. Fosdick understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Fosdick 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 Ohio.

Mark J. Greig

    Mr. Greig, 61, 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. Greig understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Greig 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 Oregon.

Todd E. Gross

    Mr. Gross, 49, 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. Gross understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Gross 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 Wisconsin.

Ricky V. Hoffman

    Mr. Hoffman, 56, 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. Hoffman understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Hoffman 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 Kansas.

Bernis Hursey

    Mr. Hursey, 69, 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. Hursey understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Hursey 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 Maryland.

Gary A. Jackson

    Mr. Jackson, 31, 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. Jackson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Jackson 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.

Wayne O. Jennings

    Mr. Jennings, 59, 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

[[Page 59240]]

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

Rocky N. Kennedy, Jr.

    Mr. Kennedy, 24, 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. Kennedy understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Kennedy 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 West Virginia.

Larian A. Koger

    Mr. Koger, 52, has had ITDM since 2008. 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. Koger understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Koger 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 
North Carolina.

Donald L. Kuhn

    Mr. Kuhn, 73, 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. Kuhn understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Kuhn 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 Pennsylvania.

Richard C. Lakas

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

Amondo D. Lark

    Mr. Lark, 33, has had ITDM since 2008. 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. Lark understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Lark 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.

Walter L. Loyd, Jr.

    Mr. Loyd, 48, has had ITDM since 2008. 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. Loyd understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Loyd 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.

Daniel T. Morse

    Mr. Morse, 23, 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. Morse understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Morse 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 
Massachusetts.

Deborah C. Neece

    Ms. Neece, 50, has had ITDM since 2015. 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. Neece understands diabetes 
management and monitoring has stable control of her diabetes using 
insulin, and is able to drive a CMV safely. Ms. Neece 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 A CDL from North Carolina.

[[Page 59241]]

Paul Neville

    Mr. Neville, 42, 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. Neville understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Neville 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 Jersey.

Thomas M. Nicolaus

    Mr. Nicolaus, 57, 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. Nicolaus understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Nicolaus 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 
Iowa.

James D. Rast, III

    Mr. Rast, 59, 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. Rast understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Rast 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 South Carolina.

Kevin B. Reese

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

Andrew R.W. Rictor

    Mr. Rictor, 23, 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. Rictor understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Rictor 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 Oregon.

Jason K. Riley

    Mr. Riley, 41, 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. 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 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 West Virginia.

Bryan N. Ripley

    Mr. Ripley, 40, has had ITDM since 2002. 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. Ripley understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Ripley 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.

David C. Ripley

    Mr. Ripley, 53, has had ITDM since 1982. 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. Ripley understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Ripley 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 Washington.

Scottie L. Russell

    Mr. Russell, 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. Russell understands diabetes 
management and monitoring, has stable control of his diabetes using

[[Page 59242]]

insulin, and is able to drive a CMV safely. Mr. Russell 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 York.

Jerome A. Shapiro

    Mr. Shapiro, 59, has had ITDM since 2004. 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. Shapiro understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Shapiro 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 Alabama.

Joseph D. Shehan

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

Amanda K. Shelman

    Ms. Shelman, 27, has had ITDM since 2015. 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. Shelman understands diabetes 
management and monitoring has stable control of her diabetes using 
insulin, and is able to drive a CMV safely. Ms. Shelman 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 Iowa.

Michael Shuler

    Mr. Shuler, 45, has had ITDM since 2005. 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. Shuler understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Shuler 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 
Washington, DC.

Joseph A. Sitarchyk

    Mr. Sitarchyk, 56, has had ITDM since 1984. 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. Sitarchyk understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Sitarchyk 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 
proliferative diabetic retinopathy. He holds a Class A CDL from 
Pennsylvania.

Max F. Smith

    Mr. Smith, 62, 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. 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 Iowa.

Vann H. Smith

    Mr. Smith, 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. 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 Alabama.

Donald Snead

    Mr. Snead, 61, 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. Snead understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Snead 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 and stable proliferative diabetic retinopathy. He 
holds a Class A CDL from Georgia.

Arron L. Snook

    Mr. Snook, 62, 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

[[Page 59243]]

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

John L. Stauffer

    Mr. Stauffer, 65, 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. Stauffer understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Stauffer 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 Iowa.

David L. Stephenson

    Mr. Stephenson, 60, has had ITDM since 1975. 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. Stephenson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Stephenson 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 Dakota.

Timothy R. Stirn

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

Connie E. Wideman

    Mr. Wideman, 80, has had ITDM since 1982. 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. Wideman understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Wideman 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 Florida.

Gary W. Wood

    Mr. Wood, 57, 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. Wood understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Wood 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 Arkansas.

Richard O. Yethman

    Mr. Yethman, 38, 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. Yethman understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Yethman 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 Massachusetts.

Willard Zylstra

    Mr. Zylstra, 68, 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. Zylstra understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Zylstra 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 California.

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

[[Page 59244]]

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-2015-0067 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-2015-0067 and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to the 
proposed rulemaking.

    Issued on: September 14, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-24922 Filed 9-30-15; 8:45 am]
BILLING CODE 4910-EX-P