Qualification of Drivers; Exemption Applications; Diabetes Mellitus |
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Larry W. Minor
Federal Motor Carrier Safety Administration
17 July 2018
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Notices]
[Pages 33297-33304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15262]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0032]
Qualification of Drivers; Exemption Applications; Diabetes
Mellitus
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemption; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 54 individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with insulin-treated
diabetes mellitus (ITDM) operating a commercial motor vehicle (CMV) in
interstate commerce. If granted, the exemptions would enable these
individuals with ITDM to operate CMVs in interstate commerce.
DATES: Comments must be received on or before August 16, 2018.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0032 using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to 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 FDMS is available 24 hours each day e.t.,
365 days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-year period if it finds ``such exemption
would likely achieve a level of safety that is equivalent to or greater
than the level that would be achieved absent such exemption.'' The
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
The 54 individuals listed in this notice have requested an
exemption from the diabetes prohibition in 49 CFR 391.41(b)(3).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting the exemption will achieve the
required level of safety mandated by statute.
The physical qualification standard for drivers regarding diabetes
found in 49 CFR 391.41(b)(3) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control. The Agency established the current requirement for
diabetes in 1970 because several risk studies indicated that drivers
with diabetes had a higher rate of crash involvement than the general
population.
FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal
Register notice in conjunction with the November 8, 2005 (70 FR 67777),
Federal Register notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users requires
the Secretary to revise its diabetes exemption program established on
September 3, 2003 (68 FR 52441). The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
Section 4129 requires: (1) Elimination of the requirement for three
years of experience operating CMVs while being treated with insulin;
and (2) establishment of a specified minimum period of insulin use to
demonstrate stable control of diabetes before being allowed to operate
a CMV.
In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 notice.
FMCSA discontinued use of the three-year driving experience and
fulfilled the requirements of section 4129 while continuing to ensure
that operation of CMVs by drivers with ITDM will achieve the requisite
level of safety required of all exemptions granted under 49 U.S.C.
31136 (e). Section
[[Page 33298]]
4129(d) also directed FMCSA to ensure that drivers of CMVs with ITDM
are not held to a higher standard than other drivers, with the
exception of limited operating, monitoring and medical requirements
that are deemed medically necessary. The FMCSA concluded that all of
the operating, monitoring and medical requirements set out in the
September 3, 2003, notice, except as modified, were in compliance with
section 4129(d). Therefore, all of the requirements set out in the
September 3, 2003, notice, except as modified by the notice in the
Federal Register on November 8, 2005 (70 FR 67777), remain in effect.
II. Qualifications of Applicants
David V. Amado
Mr. Amado, 45, has had ITDM since 2015. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Amado understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Amado meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from California.
Allan D. Arcand
Mr. Arcand, 60, has had ITDM since 1972. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Arcand understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Arcand 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 Wisconsin.
Nickie D. Archuleta
Mr. Archuleta, 58, has had ITDM since 2004. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Archuleta understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Archuleta meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Pennsylvania.
Mathew B. Bartlett
Mr. Bartlett, 28, has had ITDM since 2005. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Bartlett understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Bartlett 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
Sean S. Bateman
Mr. Bateman, 28, has had ITDM since 2005. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Bateman understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Bateman meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from New York.
Marvin E. Battle, Jr.
Mr. Battle, 40, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Battle, Jr. understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Battle, Jr. meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Georgia
Gordon R. Bayles
Mr. Bayles, 66, has had ITDM since 2015. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Bayles understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Bayles meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Utah.
Kirk W. Behrer
Mr. Behrer, 55, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Behrer understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Behrer meets the
[[Page 33299]]
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.
Benjamin J. Boeding
Mr. Boeding, 39, has had ITDM since 1980. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Boeding understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Boeding meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from Minnesota.
Robert A. Bowman
Mr. Bowman, 61, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Bowman understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Bowman meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds an operator's license from
Kentucky.
Michael G. Cohen
Mr. Cohen, 48, has had ITDM since 2014. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Cohen understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Cohen meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from New York.
John R. Delucca
Mr. Delucca, 69, has had ITDM since 2015. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Delucca understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Delucca meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Indiana.
James M. Dubay
Mr. Dubay, 57, has had ITDM since 2018. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Dubay understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Dubay meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Michigan.
Larry I. Frizell
Mr. Frizell, 57, has had ITDM since 2015. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Frizell understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Frizell meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Iowa.
Gerson A. Gonzalez
Mr. Gonzalez, 32, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Gonzalez understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Gonzalez meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from New Jersey.
David D. Gross
Mr. Gross, 57, has had ITDM since 2018. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. 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
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.
Ricky A. Kirby
Mr. Kirby, 58, has had ITDM since 2008. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in
[[Page 33300]]
the last five years. His endocrinologist certifies that Mr. Kirby
understands diabetes management and monitoring, has stable control of
his diabetes using insulin, and is able to drive a CMV safely. Mr.
Kirby meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2018 and certified that
he does not have diabetic retinopathy. He holds an operator's license
from Kentucky.
Dustin M. Kirkland
Mr. Kirkland, 37, has had ITDM since 2018. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. 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 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Ohio.
Scott M. Kiser
Mr. Kiser, 45, has had ITDM since 2016. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Kiser understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Kiser 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 Georgia.
Lee E. Koehn
Mr. Koehn, 68, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Koehn understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Koehn meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Alabama.
Wayne L. Kracht
Mr. Kracht, 48, has had ITDM since 2015. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Kracht understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Kracht meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Iowa.
Jeffrey L. Kramer
Mr. Kramer, 56, has had ITDM since 1992. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Kramer understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Kramer meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class B CDL from
Ohio.
Brad M. Ligols
Mr. Ligols, 54, has had ITDM since 2000. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Ligols understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Ligols meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Massachusetts.
Kenneth J. Lubanski
Mr. Lubanski, 29, 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Lubanski understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Lubanski meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from New Jersey.
Thomas W. Markham
Mr. Markham, 61, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Markham understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Markham 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.
Richard T. McAtee II
Mr. McAtee, 49, has had ITDM since 2014. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the
[[Page 33301]]
assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. McAtee understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. McAtee meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Ohio.
John T. McEntire III
Mr. McEntire, 24, has had ITDM since 2007. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. McEntire understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. McEntire meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from South Carolina.
Jonathan D. Miles
Mr. Miles, 45, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Miles understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Miles meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Indiana.
Brian J. Morgan
Mr. Morgan, 46, has had ITDM since 2001. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Morgan understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Morgan meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Vermont.
Cecil M. Morris, Jr.
Mr. Morris, 60, has had ITDM since 2014. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Morris understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Morris meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds an operator's license from
Kentucky.
Nicholas C. O'Connor
Mr. O'Connor, 32, has had ITDM since 2004. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. O'Connor understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. O'Connor meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Massachusetts.
Rowdy V. Orr
Mr. Orr, 38, has had ITDM since 2010. His endocrinologist examined
him in 2018 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Orr understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Orr meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2018 and certified that he does not have diabetic retinopathy. He
holds an operator's license from Texas.
Neal J. Pangrazio
Mr. Pangrazio, 60, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Pangrazio understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Pangrazio meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from New York.
William T. Phipps, Jr.
Mr. Phipps, 48, has had ITDM since 2010. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Phipps understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Phipps meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018
[[Page 33302]]
and certified that he has stable nonproliferative and stable
proliferative diabetic retinopathy. He holds a Class A CDL from
Maryland.
Robert A. Pope
Mr. Pope, 53, has had ITDM since 2017. His endocrinologist examined
him in 2018 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Pope understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Pope meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2018 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Iowa.
Micky J. Powers
Mr. Powers, 71, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Powers understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Powers meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Missouri.
Shawn K. Richardson
Mr. Richardson, 54, has had ITDM since 2012. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Richardson understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Richardson meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Washington.
Joselito Rosario
Mr. Rosario, 49, has had ITDM since 2004. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Rosario understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Rosario meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Massachusetts.
Gregory L. Ryan
Mr. Ryan, 61, has had ITDM since 2018. His endocrinologist examined
him in 2018 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Ryan understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Ryan meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2018 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Delaware.
Howard G. Schrepp
Mr. Schrepp, 63, has had ITDM since 2013. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Schrepp understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Schrepp meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Georgia.
James W. Shirk
Mr. Shirk, 59, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Shirk understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Shirk meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Pennsylvania.
Michael J. Simko
Mr. Simko, 28, has had ITDM since 2013. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Simko understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Simko meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Pennsylvania.
Roderick Q. Smith
Mr. Smith, 57, has had ITDM since 2005. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist
[[Page 33303]]
certifies that Mr. Smith understands diabetes management and
monitoring, has stable control of his diabetes using insulin, and is
able to drive a CMV safely. Mr. Smith meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2018 and certified that he does not have diabetic retinopathy.
He holds an operator's license from Illinois.
Walter C. Snodgrass, Jr.
Mr. Snodgrass, 57, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Snodgrass understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Snodgrass meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Indiana.
Robert W. Stewart
Mr. Stewart, 70, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Stewart understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Stewart meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from North Carolina.
Joseph W. Symons
Mr. Symons, 36, has had ITDM since 2018. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Symons understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Symons meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Michigan.
Felipe D. Torres
Mr. Torres, 48, has had ITDM since 2013. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Torres understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Torres meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Texas.
James J. Triplett
Mr. Triplett, 77, has had ITDM since 2004. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Triplett understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Triplett meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Tennessee.
Amos L. Trujillo
Mr. Trujillo, 50, has had ITDM since 2012. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Trujillo understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Trujillo meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from New Mexico.
Lynda D. Vance
Ms. Vance, 34, has had ITDM since 2018. Her endocrinologist
examined her in 2018 and certified that she has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. Her endocrinologist certifies that Ms. Vance understands
diabetes management and monitoring, has stable control of her diabetes
using insulin, and is able to drive a CMV safely. Ms. Vance meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2018 and certified that she does not have
diabetic retinopathy. She holds an operator's license from Tennessee.
Christopher E. Vazquez
Mr. Vazquez, 21, has had ITDM since 1997. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Vazquez understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Vazquez meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Connecticut.
Michael J. Vigna
Mr. Vigna, 61, has had ITDM since 2017. His endocrinologist
examined him
[[Page 33304]]
in 2018 and certified that he has had no severe hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning in the past 12 months and no recurrent (two or more)
severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Vigna understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Vigna meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Illinois.
Brian P. Walsh
Mr. Walsh, 47, has had ITDM since 1998. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Walsh understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Walsh meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds an operator's license from Iowa.
Nathan L. Watson
Mr. Watson, 25, has had ITDM since 1994. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Watson understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Watson 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.
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 dates
section of the notice.
IV. Submitting Comments
You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2018-0032 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
We will consider all comments and materials received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.
V. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2018-0032 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: July 12, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-15262 Filed 7-16-18; 8:45 am]
BILLING CODE 4910-EX-P