[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Notices]
[Pages 63214-63218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25129]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0307]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

ACTION: Notice of applications for exemptions request for comments.

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SUMMARY: FMCSA announces receipt of applications from 32 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 21, 2014.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2014-0307 using any of the 
following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's Privacy Act Statement for the Federal Docket 
Management System (FDMS) published in the Federal Register on January 
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, R.N., Chief, Medical 
Programs Division, (202) 366-4001, <a href="/cdn-cgi/l/email-protection#4f29222c3c2e222a2b262c2e230f2b203b61282039"><span class="__cf_email__" data-cfemail="f0969d9383919d95949993919cb0949f84de979f86">[email protected]</span></a>, 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 32 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

Jeffrey S. Argabright

    Mr. Argabright, 44, has had ITDM since 1999. His endocrinologist 
examined him in 2014 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. Argabright understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Argabright meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Ohio.

Darrell G. Brave

    Mr. Brave, 63, has had ITDM since 2005. His endocrinologist 
examined him in 2014 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. Brave understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Brave meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Washington.

Domingo Cantu

    Mr. Cantu, 64, has had ITDM since 2009. His endocrinologist 
examined him in 2014 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. Cantu understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Cantu meets the 
requirements of the vision standard at

[[Page 63215]]

49 CFR 391.41(b)(10). His ophthalmologist examined him in 2014 and 
certified that he has stable proliferative diabetic retinopathy. He 
holds a Class A CDL from Washington.

Nicholas M. Cooper

    Mr. Cooper, 21, has had ITDM since 2012. His endocrinologist 
examined him in 2014 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. Cooper understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Cooper meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Florida.

James L. Crane

    Mr. Crane, 66, has had ITDM since 2012. His endocrinologist 
examined him in 2014 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. Crane understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Crane meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Mississippi.

Bobby O. Devaney

    Mr. Devaney, 59, has had ITDM since 2014. His endocrinologist 
examined him in 2014 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. Devaney understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Devaney meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Alabama.

Donald L. Feltman

    Mr. Feltman, 69, has had ITDM since 2013. His endocrinologist 
examined him in 2014 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. Feltman understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Feltman meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Minnesota.

Benjamin T. Filip

    Mr. Filip, 61, has had ITDM since 2010. His endocrinologist 
examined him in 2014 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. Filip understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Filip meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from North Dakota.

Harold L. Gomez

    Mr. Gomez, 61, has had ITDM since 2009. His endocrinologist 
examined him in 2014 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. Gomez understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Gomez meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds an operator's license 
from Louisiana.

Arthur Gonzalez

    Mr. Gonzalez, 54, has had ITDM since 2006. His endocrinologist 
examined him in 2014 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. 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 
ophthalmologist examined him in 2014 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from Texas.

Charles W. Guillory

    Mr. Guillory, 63, has had ITDM since 2013. His endocrinologist 
examined him in 2014 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. Guillory understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Guillory meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Louisiana.

Bernard Heffern

    Mr. Heffern, 57, has had ITDM since 2009. His endocrinologist 
examined him in 2014 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or

[[Page 63216]]

more) severe hypoglycemic episodes in the last 5 years. His 
endocrinologist certifies that Mr. Heffern understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Heffern meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from New Jersey.

John W. Hurlbert

    Mr. Hurlbert, 55, has had ITDM since 1980. His endocrinologist 
examined him in 2014 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. Hurlbert understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Hurlbert meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds an operator's license 
from New Jersey.

Roosevelt Isaiah

    Mr. Isaiah, 69, has had ITDM since 2008. His endocrinologist 
examined him in 2014 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. Isaiah understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Isaiah meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from South Carolina.

William T. Jensen

    Mr. Jensen, 28, has had ITDM since 2013. His endocrinologist 
examined him in 2014 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. Jensen understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Jensen meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from New Jersey.

Robert W. Johnson, Sr.

    Mr. Johnson, 74, has had ITDM since 2011. His endocrinologist 
examined him in 2014 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Johnson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Johnson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from New York.

Joseph H. Karas

    Mr. Karas, 32, has had ITDM since 1987. His endocrinologist 
examined him in 2014 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. Karas understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Karas meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from New Jersey.

Randy C. Lee

    Mr. Lee, 50, has had ITDM since 2014. His endocrinologist examined 
him in 2014 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. Lee understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Lee meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined 
him in 2014 and certified that he has stable nonproliferative diabetic 
retinopathy. He holds a Class A CDL from New York.

Gerald R. Lewis

    Mr. Lewis, 54, has had ITDM since 2008. His endocrinologist 
examined him in 2014 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. Lewis understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Lewis meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Tennessee.

John R. Miller, II

    Mr. Miller, 46, has had ITDM since 1988. His endocrinologist 
examined him in 2014 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. Miller understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Miller meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from Oregon.

[[Page 63217]]

Robert A. Nicolai

    Mr. Nicolai, 51, has had ITDM since 2008. His endocrinologist 
examined him in 2014 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. Nicolai understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Nicolai meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from 
Missouri.

William P. Pearson, II

    Mr. Pearson, 33, has had ITDM since 2013. His endocrinologist 
examined him in 2014 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. Pearson understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Pearson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Wisconsin.

Alan M. Primus

    Mr. Primus, 63, has had ITDM since 2010. His endocrinologist 
examined him in 2014 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. Primus understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Primus meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Iowa.

Otto E. Reimer

    Mr. Reimer, 66, has had ITDM since 1995. His endocrinologist 
examined him in 2014 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. Reimer understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Reimer meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class B CDL from 
Montana.

Danny L. Reimers

    Mr. Reimers, 61, has had ITDM since 2001. His endocrinologist 
examined him in 2014 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. Reimers understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Reimers meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from New Mexico.

Michael L. Reynolds

    Mr. Reynolds, 47, has had ITDM since 2013. His endocrinologist 
examined him in 2014 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. Reynolds understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Reynolds meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from North Carolina.

Samuel H. Schmidt

    Mr. Schmidt, 21, has had ITDM since 1997. His endocrinologist 
examined him in 2014 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. Schmidt understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Schmidt meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Minnesota.

Timothy W. Selk

    Mr. Selk, 56, has had ITDM since 2009. His endocrinologist examined 
him in 2014 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. Selk understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Selk meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him 
in 2014 and certified that he does not have diabetic retinopathy. He 
holds a Class A CDL from Alaska.

Dennis J. Stanley

    Mr. Stanley, 60, has had ITDM since 2014. His endocrinologist 
examined him in 2014 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. Stanley understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV

[[Page 63218]]

safely. Mr. Stanley meets the requirements of the vision standard at 49 
CFR 391.41(b)(10). His ophthalmologist examined him in 2014 and 
certified that he does not have diabetic retinopathy. He holds a Class 
B CDL from Illinois.

Howard J. Steinberg

    Mr. Steinberg, 65, has had ITDM since 2000. His endocrinologist 
examined him in 2014 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. Steinberg understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Steinberg meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from Massachusetts.

Steven M. Weimer

    Mr. Weimer, 53, has had ITDM since 2001. His endocrinologist 
examined him in 2014 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. Weimer understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Weimer meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Michael L. Westbury

    Mr. Westbury, 50, has had ITDM since 2006. His endocrinologist 
examined him in 2014 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. Westbury understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Westbury meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2014 and certified that he does not 
have diabetic retinopathy. He holds an operator's license from South 
Carolina.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments received before 
the close of business on the closing date indicated in the date section 
of the notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible 
and Efficient Transportation Equity Act: A Legacy for Users requires 
the Secretary to revise its diabetes exemption program established on 
September 3, 2003 (68 FR 52441) \1\. The revision must provide for 
individual assessment of drivers with diabetes mellitus, and be 
consistent with the criteria described in section 4018 of the 
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
---------------------------------------------------------------------------

    \1\ Section 4129(a) refers to the 2003 notice as a ``final 
rule.'' However, the 2003 notice did not issue a ``final rule'' but 
did establish the procedures and standards for issuing exemptions 
for drivers with ITDM.
---------------------------------------------------------------------------

    Section 4129 requires: (1) Elimination of the requirement for 3 
years of experience operating CMVs while being treated with insulin; 
and (2) establishment of a specified minimum period of insulin use to 
demonstrate stable control of diabetes before being allowed to operate 
a CMV.
    In response to section 4129, FMCSA made immediate revisions to the 
diabetes exemption program established by the September 3, 2003 notice. 
FMCSA discontinued use of the 3-year driving experience and fulfilled 
the requirements of section 4129 while continuing to ensure that 
operation of CMVs by drivers with ITDM will achieve the requisite level 
of safety required of all exemptions granted under 49 U.S.C. 31136(e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs 
with ITDM are not held to a higher standard than other drivers, with 
the exception of limited operating, monitoring and medical requirements 
that are deemed medically necessary.
    The FMCSA concluded that all of the operating, monitoring and 
medical requirements set out in the September 3, 2003 notice, except as 
modified, were in compliance with section 4129(d). Therefore, all of 
the requirements set out in the September 3, 2003 notice, except as 
modified by the notice in the Federal Register on November 8, 2005 (70 
FR 67777), remain in effect.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket number FMCSA-2014-0307 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-2014-0307 and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to the 
proposed rulemaking.

    Issued on: October 10, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-25129 Filed 10-21-14; 8:45 am]
BILLING CODE 4910-EX-P


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