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, 


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Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices 49929 

2016. FMCSA evaluated the medical 

records provided by Mr. Banks and 

determined that granting him an 

exemption would achieve an equivalent 

or greater level of safety than would be 

achieved without granting him an 

exemption. 

IV. 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. 

These 41 applicants have had ITDM 

over a range of 1 to 27 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). 

The qualifications, experience, and 

medical condition of each applicant 

were stated and discussed in detail in 

the March 8, 2017 Federal Register 

notice (82 FR 13050) and will not be 

repeated in this notice. 

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. 

V. 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. 

VI. 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. 

VII. Conclusion 

Based upon its evaluation of the 41 

exemption applications, FMCSA 

exempts the following drivers from the 

diabetes requirement in 49 CFR 

391.41(b)(10), subject to the 

requirements cited above: 

Joseph A. Akers (WV) 

Leslie R. Auger (MO) 

Ta Canunpa W. Banks (SD) 

Ralph E. Beard (MI) 

Darrell W. Britnell (NC) 

Paul M. Capeder (MN) 

Robert D. Carnazzo (MA) 

Randall C. Coleman (WA) 

Thomas K. Coleman (NC) 

Mark A. Cologne (LA) 

Christopher J. Comstock (TX) 

Alexander H. Cromartie (PA) 

Michael R. Dark (TX) 

Joseph P. Dellavolpe (NJ) 

Shea E. Durand (NY) 

David L. Farris (KS) 

Donald D. Fown (OH) 

Michael L. Gamache (NH) 

David P. Glaeser (CO) 

Donald J. Gray (CA) 

James E. Guthrie, IV (KY) 

James F. Hamilton (SD) 

Paul R. Hanson (MN) 

Jaculyn E. Heck (DE) 

Greg J. Isom (GA) 

Mark J. Johnson (WA) 

Tyson C. Johnson (PA) 

Darrell W. Luck (NC) 

Gregory L. Markin (WI) 

Patrick May (MD) 

Elbert J. Means (SC) 

Peter R. Meyer (WA) 

Andrew R. Morris (WA) 

Timothy A. Parks, Jr. (MD) 

Dennis Pitt (NY) 

Antonio R. Ragin (CT) 

Matthew Reynolds (PA) 

Robert G. Smith (MA) 

Patricia M. Spurgeon (NY) 

Robert M. Sypolt (WV) 

Brandon R. Wedding (OR) 

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. 2017–23347 Filed 10–26–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[Docket No. FTA–2017–0010] 

National Transit Database Reporting 

Changes and Clarifications 

AGENCY: Federal Transit Administration, 

DOT. 

ACTION: Request for Comments. 

SUMMARY: This notice provides 

information on proposed changes and 

clarifications to the National Transit 

Database (NTD) reporting requirements. 

All proposed changes and clarifications 

are proposed to be effective for report 

year 2017 (beginning in September 

2017). 

DATES: Comments are due by December 

26, 2017. FTA will consider late 

comments to the extent practicable. 

ADDRESSES: Please identify your 

submission by Docket Number (FTA– 

2017–0010) through one of the 

following methods: 

• Federal eRulemaking Portal: 

Submit electronic comments and other 

data to http://www.regulations.gov. 

• U.S. Mail: Send comments to 

Docket Operations; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., West Building Room W12– 

140, Washington, DC 20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 


asabaliauskas on DSKBBXCHB2PROD with NOTICES