49926 Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices 

4The KSS is a 9-point Likert-type scale ranging 

from ‘‘extremely alert’’ to ‘‘extremely sleepy’’ and 

has been widely used in the literature as a 

subjective assessment of alertness. 

• Subjective sleepiness ratings, using 

the Karolinska Sleepiness Scale (KSS),4

to measure drivers’ perceptions of their 

fatigue levels. 

• Sleep logs, in which drivers will 

document when they are going to sleep, 

when they wake up, and whether they 

are using the sleeper berth. For splitsleep days, drivers will record how and 

why they chose to split their sleep. 

Other information that may be 

needed, such as vehicle miles traveled 

(VMT), will also be collected through 

the participating carrier. Every effort 

will be made to reduce the burden on 

the carrier in collecting and reporting 

this data. 

III. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(the PRA) (44 U.S.C. 3501–3520) 

prohibits agencies from conducting 

information collection (IC) activities 

until they analyze the need for the 

collection of information and how the 

collected data will be managed. 

Agencies must also analyze whether 

technology could be used to reduce the 

burden imposed on those providing the 

data. The Agency must estimate the 

time burden required to respond to the 

IC requirements, such as the time 

required to complete a particular form. 

The Agency submits its IC analysis and 

burden estimate to OMB as a formal 

ICR; the Agency cannot conduct the 

information collection until OMB 

approves the ICR. 

IV. Summary of Public Comments 

Received 

On June 27, 2017, FMCSA published 

a notice in the Federal Register (82 FR 

29145) with a 60-day public comment 

period to announce this proposed 

information collection. As of the closing 

date of August 28, 2017, the agency 

received five comments in response to 

this notice. 

One comment questioned the need for 

a pilot program given that the proposal 

is similar to the HOS rules prior to 2003. 

This commenter expressed an opinion 

that the HOS rules should just be 

reverted to the prior to 2003 HOS rules. 

While FMCSA understands the 

commenter’s frustration with the 

process, our commitment to public 

safety requires us to conduct a pilot 

program to collect scientific data and 

achieve statistically significant findings 

before considering any revision to our 

current regulations. 

Another commenter expressed a 

similar opinion regarding the HOS 

rules, which he felt should never have 

been changed in 2003. He felt that the 

HOS needed to be changed and reevaluated for every different division of 

CMVs, but did express support of 

flexibility in sleeper berth times. 

FMCSA appreciates this commenter 

taking the time to provide feedback on 

the HOS rules, but felt that this 

comment went beyond the scope of this 

pilot program; however, the Agency 

appreciates his support of allowing a 

flexible sleeper berth pilot program to 

move forward. 

The remaining three commenters 

were supportive of the proposed Pilot 

Program and proposed information 

collection, and expressed an opinion 

that this would make the roads safer and 

allow drivers to manage their duty 

hours more efficiently and use common 

sense to not drive when tired. FMCSA 

appreciates this support for the 

program, and has not made any changes 

or revisions to the design of the study 

based on these comments. 

Additionally, a Federal Register 

notice announcing the Pilot Program 

was published on June 6, 2017, to allow 

for 60-days of public comment regarding 

the proposed program. The comment 

period closed on August 7, 2017, and 

has received 232 unique (233 total, one 

duplicate) public comments to date. The 

vast majority (over 175) of these 

comments were positive in nature. 

Several commenters expressed a desire 

to participate in the study, and several 

wanted the study expanded to 

incorporate other exemptions. While 

FMCSA understands the desire from 

drivers to re-open the HOS rules, 

specifically the 14-hour rule, the Pilot 

Program is designed to look at only 

Flexible Sleeper Berth times in order to 

achieve statistically significant results 

without the potential for introducing 

confounding variables into the study. 

Approximately 40 commenters 

responded in a negative manner to the 

14-hour rule, or having too many 

regulations in place, but were not 

specific to the Flexible Sleeper Berth 

Program. The majority of commenters 

who responded agreed that the NAFMP 

should be recommended, not 

mandatory. One commenter felt the 

NAFMP should be mandatory; however, 

FMCSA felt that the majority of 

commenters agreeing with the current 

study design showed that we should 

move forward without changing the 

design. One commenter felt that the 

cameras in the vehicle were too 

burdensome, however, several others 

expressed that the data collection was 

reasonable for the scope of the study. 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

Whether the proposed collection is 

necessary for the FMCSA to perform its 

functions; (2) the accuracy of the 

estimated burden; (3) ways for the 

FMCSA to enhance the quality, 

usefulness, and clarity of the collected 

information; and (4) ways that the 

burden could be minimized without 

reducing the quality of the collected 

information. 

Issued under the authority delegated in 49 

CFR 1.87 on October 20, 2017. 

G. Kelly Regal, 

Associate Administrator for Office of 

Research and Information Technology. 

[FR Doc. 2017–23350 Filed 10–26–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2017–0039] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt 89 individuals from 

the prohibition in the Federal Motor 

Carrier Safety Regulations (FMCSRs) 

against persons with insulin-treated 

diabetes mellitus (ITDM) from operating 

a commercial motor vehicle (CMV) in 

interstate commerce. The exemptions 

enable these individuals with ITDM to 

operate CMVs in interstate commerce. 

DATES: The exemptions were applicable 

on September 12, 2017. The exemptions 

expire on September 12, 2019. 

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 from 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. Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at: http:// 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices 49927 

comments, go to http://

www.regulations.gov and/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. 

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. 

II. Background 

On August 10, 2017, FMCSA 

published a notice announcing receipt 

of applications from 89 individuals 

requesting an exemption from diabetes 

requirement in 49 CFR 391.41(b)(3) and 

requested comments from the public (82 

FR 37486). The public comment period 

ended on September 11, 2017, and three 

comments were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

granting the exemptions to these 

individuals would achieve a level of 

safety equivalent to or greater than the 

level that would be achieved by 

complying with the current regulation 

49 CFR 391.41(b)(3). 

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. 

III. Discussion of Comments 

FMCSA received three comments in 

this proceeding. An anonymous 

commenter stated that they are in favor 

of granting ‘‘Greg’’ an exemption 

because he properly manages his 

diabetes. There are four Gregory’s listed 

in this Federal Register and there was 

no distinction of which Gregory this 

comment supported. An anonymous 

commenter stated that they believe 

hypoglycemia is a risk and they are 

against allowing Diabetic CDL drivers 

an exemption without the use of a 

glucose sensing pump. Currently, the 

insulin method of delivery is a decision 

between the driver and their treating 

physician. Vicky Johnson stated that 

Minnesota DVS is in favor of granting 

exemptions to Bruce A. Freiermuth and 

Edward R. Gitz, both of whom are 

drivers from Minnesota. 

Basis for Exemption Determination 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption from 

the diabetes standard in 49 CFR 

391.41(b)(3) if the exemption is likely to 

achieve an equivalent or greater level of 

safety than would be achieved without 

the exemption. The exemption allows 

the applicants to operate CMVs in 

interstate commerce. 

The Agency’s decision regarding these 

exemption applications is based on the 

program eligibility criteria and an 

individualized assessment of 

information submitted by each 

applicant. The qualifications, 

experience, and medical condition of 

each applicant were stated and 

discussed in detail in the August 10, 

2017 Federal Register notice (82 FR 

37486) and will not be repeated in this 

notice. 

These 89 applicants have had ITDM 

over a range of one to 34 years. These 

applicants report no severe 

hypoglycemic reactions resulting in loss 

of consciousness or seizure, requiring 

the assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning 

symptoms, in the past 12 months and no 

recurrent (two or more) severe 

hypoglycemic episodes in the past five 

years. In each case, an endocrinologist 

verified that the driver has 

demonstrated a willingness to properly 

monitor and manage his/her diabetes 

mellitus, received education related to 

diabetes management, and is on a stable 

insulin regimen. These drivers report no 

other disqualifying conditions, 

including diabetes related 

complications. Each meets the vision 

requirement at 49 CFR 391.41(b)(10). 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the diabetes requirement in 49 CFR 

391.41(b)(3) is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

IV. Conditions and Requirements 

The terms and conditions of the 

exemption are provided to the 

applicants in the exemption document 

and includes the following: (1) Each 

driver must submit a quarterly 

monitoring checklist completed by the 

treating endocrinologist as well as an 

annual checklist with a comprehensive 

medical evaluation; (2) each driver must 

report within two business days of 

occurrence, all episodes of severe 

hypoglycemia, significant 

complications, or inability to manage 

diabetes; also, any involvement in an 

accident or any other adverse event in 

a CMV or personal vehicle, whether or 

not it is related to an episode of 

hypoglycemia; (3) each driver must 

provide a copy of the ophthalmologist’s 

or optometrist’s report to the Medical 

Examiner at the time of the annual 

medical examination; and (4) each 

driver must provide a copy of the 

annual medical certification to the 

employer for retention in the driver’s 

qualification file, or keeping a copy in 

his/her driver’s qualification file if he/ 

she is self-employed. The driver must 

also have a copy of the exemption when 

driving, for presentation to a duly 

authorized Federal, State, or local 

enforcement official. 

V. Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with this 

exemption with respect to a person 

operating under the exemption. 

VI. Conclusion 

Based upon its evaluation of the 89 

exemption applications, FMCSA 

exempts the following drivers from the 

diabetes requirement in 49 CFR 

391.41(b)(10), subject to the 

requirements cited above: 

James W. Ackerson (AZ) 

Harry R. Albright (PA) 

Pablo Alduende (NJ) 

Abe C. Applewhite (VA) 

William L. Bacon (WA) 

Eric M. Ballard (IN) 

Thomas R. Bingham (MT) 

Harley E. Boone (ID) 

Raymond P. Boskat, Sr. (NY) 

Kevin M. Bruton, Jr. (NY) 

Dylan J. Bryan (IL) 

Vincente Burciaga (TX) 

Roger E. Burkholder (IL) 

James M. Butcher (IA) 

Dino Chapman (TN) 

Glen C. Davis (TN) 

Glenn W. Davis (VA) 

Jimmy D. Davis (MO) 

Michael J. Dunnuck (CA) 

Billy R. Edge (AL) 

Craig Elgard (NJ) 

Filiberto Espinoza (CA) 

Julieanne Estes (NH) 

Burl W. Fant (TX) 

Grant E. Featherly (NY) 

Ross G. Fogg, Jr. (NJ) 

Damon M. Free (GA) 

Raymond J. Freeman (TX) 

Bruce A. Freiermuth (MN) 

Alvin Frith (PA) 

Eric T. George (TX) 

Edward R. Gitz (MN) 

William E. Glaster (NM) 

Gregory C. Habel (ID) 

Kevin O. Hansen (ID) 

Richard A. Hanson (NJ) 

John J. Hoeke (SD) 

Howard R. Hudson (IL) 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
49928 Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices 

Michael T. Ilk (IN) 

Ronald A. Jessop (RI) 

Patrick A. Kelly (NC) 

Vera M. Kipper (MO) 

William A. Kitchens (GA) 

Jerry R. Knight (WY) 

Dick R. Kobayashi, Jr. (OR) 

Roger P. Kukowski (WI) 

Robert E. Lay (WA) 

Gregory N. Lorenzi (WA) 

Jake P. Mahoney (NY) 

Ignatius Martin (NJ) 

Ricky L. McCloskey (NE) 

Carroll L. McCraw (NC) 

Micah L. McDowell (NC) 

Lonnell K. McKee (MO) 

Kevin M. McKenna (MA) 

Timothy S. Miller (WI) 

Sammy Mouzone, Jr. (MI) 

Timothy J. Mulvihill (SD) 

Gregory J. Nixon (IN) 

Anthony J. Njoroge (GA) 

Robert N. Oakliff (CT) 

Radame Perez (NY) 

Gordon M. Peterson (IA) 

Larry R. Predmore (PA) 

Eric E. Ray (RI) 

Angelo A. Reynoso (NJ) 

Donald V. Rhoten, Jr. (MD) 

William Rosado (NY) 

Ryan M. Rosane (NE) 

Solomon Rosenberg (NY) 

James M. Roth (IN) 

Robert J. Schlachter (IN) 

D.S. Schneeberger (NY) 

Robert F. Seiple (PA) 

David M. Sheeran (NY) 

John F. Smith (RI) 

Mark E. Smith (PA) 

Harley T. Steck (MO) 

Ross M. Stirling (NV) 

Dennis W. Thompson (WI) 

Jose F. Toledo (OR) 

Wayne A. Toms, Sr. (PA) 

Gregory D. Vang (NE) 

Charles H. Wainwright (NC) 

Wayne G. Warren, Jr. (PA) 

John G. Weinhofer (PA) 

Grant E. Whetzel (SD) 

Roger W. Yellow Boy (SD) 

Richard L. Zelesket (MI) 

In accordance with 49 U.S.C. 31136(e) 

and 31315, each exemption will be valid 

for two years from the effective date 

unless revoked earlier by FMCSA. The 

exemption will be revoked if the 

following occurs: (1) The person fails to 

comply with the terms and conditions 

of the exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained prior to being granted; 

or (3) continuation of the exemption 

would not be consistent with the goals 

and objectives of 49 U.S.C. 31136(e) and 

31315. 

Issued on: October 18, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–23345 Filed 10–26–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2016–0383] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt 41 individuals from 

the prohibition in the Federal Motor 

Carrier Safety Regulations (FMCSRs) 

against persons with insulin-treated 

diabetes mellitus (ITDM) from operating 

a commercial motor vehicle (CMV) in 

interstate commerce. The exemptions 

enable these individuals with ITDM to 

operate CMVs in interstate commerce. 

DATES: The exemptions were applicable 

on April 8, 2017. The exemptions expire 

on April 8, 2019. 

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 from 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. Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at: http:// 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

www.regulations.gov and/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. 

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. 

II. Background 

On March 8, 2017, FMCSA published 

a notice announcing receipt of 

applications from 41 individuals 

requesting an exemption from diabetes 

requirement in 49 CFR 391.41(b)(3) and 

requested comments from the public (82 

FR 13050). The public comment period 

ended on April 7, 2017, and four 

comments were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

granting the exemptions to these 

individuals would achieve a level of 

safety equivalent to or greater than the 

level that would be achieved by 

complying with the current regulation 

49 CFR 391.41(b)(3). 

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. 

III. Discussion of Comments 

FMCSA received four comments in 

this proceeding. Janet Sandoval and two 

anonymous commenters stated that they 

are against granting Mr. Ta Canunpa W. 

Banks the exemption. Ms. Sandoval 

stated that she does not believe Mr. 

Banks is under sufficient medical care 

for diabetes and that all drivers should 

be required to regularly see an 

endocrinologist to ensure their diabetes 

is under control. Quarterly and annual 

monitoring by an endocrinologist and 

eye doctor is a stipulation of the 

exemption. Drivers are required to 

submit these reports to the Agency on 

a continuing basis while they hold an 

exemption. The first anonymous 

commenter stated that Mr. Banks 

provided falsified information in order 

to obtain a medical card. The second 

anonymous commenter did not provide 

a reason for their objection to granting 

Mr. Banks an exemption. A third 

anonymous commenter stated that they 

were in favor of granting the exemptions 

to all drivers listed in this notice, and 

that the previous three comments 

appear to be a ‘‘smear campaign’’ 

directed towards Mr. Banks as they have 

no documentation to support their 

claims. FMCSA investigated the claim 

that Mr. Banks provided falsified 

information in order to obtain a medical 

card. Mr. Banks did not disclose insulin 

use to his Medical Examiners on exams 

dated January 27, 2017 and February 14, 

2017 based on his fear of losing his 

livelihood. However, he did disclose it 

in the exam submitted as part of his 

exemption application on November 11, 


asabaliauskas on DSKBBXCHB2PROD with NOTICES