[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Notices]
[Pages 59351-59357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23441]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0306]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

ACTION: Notice of applications for exemptions request for comments.

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

SUMMARY: FMCSA announces receipt of applications from 37 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 October 31, 2014.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2014-0306 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket numbers for this notice. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Federal Docket Management System (FDMS) is 
available 24 hours each day, 365 days each year. If you want

[[Page 59352]]

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, [email protected], 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 37 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

Noe D. Aguilar

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

Paul W. Albert

    Mr. Albert, 67, 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. Albert understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Albert 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 Wyoming.

David N. Banks

    Mr. Banks, 54, 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. Banks understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Banks 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 North 
Carolina.

Wayne W. Best

    Mr. Best, 67, 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. Best understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Best 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.

Gregory K. Blythe

    Mr. Blythe, 65, has had ITDM since 1991. 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. Blythe understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Blythe 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 Illinois.

Justin M. Brown

    Mr. Brown, 33, 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. Brown understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Brown meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2014 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Montana.

Richard E. Cole

    Mr. Cole, 57, has had ITDM since 2004. 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 59353]]

more) severe hypoglycemic episodes in the last 5 years. His 
endocrinologist certifies that Mr. Cole understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Cole 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 Wisconsin.

Michael W. Cooley

    Mr. Cooley, 32, 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. Cooley understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Cooley 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 Kansas.

Steven R. Everly

    Mr. Everly, 63, 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. Everly understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Everly 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 Iowa.

Clayton G. Hardwick

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

Audie C. Holton

    Mr. Holton, 30, 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. Holton understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Holton 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 Georgia.

John F. Kincaid

    Mr. Kincaid, 72, 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. Kincaid understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Kincaid 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 Illinois.

Jerry E. King

    Mr. King, 62, has had ITDM since 1982. 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. King understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. King 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 Minnesota.

Craig T. LaPresti

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

Lester M. Lee, Jr.

    Mr. Lee, 57, 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. 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 Georgia.

Aretha Lewis

    Ms. Lewis, 42, has had ITDM since 2005. Her endocrinologist 
examined her

[[Page 59354]]

in 2013 and certified that she has had no severe hypoglycemic reactions 
resulting in loss of consciousness, requiring the assistance of another 
person, or resulting in impaired cognitive function that occurred 
without warning in the past 12 months and no recurrent (2 or more) 
severe hypoglycemic episodes in the last 5 years. Her endocrinologist 
certifies that Ms. Lewis understands diabetes management and monitoring 
has stable control of her diabetes using insulin, and is able to drive 
a CMV safely. Ms. Lewis meets the requirements of the vision standard 
at 49 CFR 391.41(b)(10). Her optometrist examined her in 2013 and 
certified that she does not have diabetic retinopathy. She holds a 
Class A CDL from Virginia.

Marvin D. Mathis

    Mr. Mathis, 71, 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. Mathis understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Mathis 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 Carolina.

Brian M. McFadden

    Mr. McFadden, 51, has had ITDM since 2002. 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. McFadden understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. McFadden 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 
Massachusetts.

Danny D. Miracle

    Mr. Miracle, 60, 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. Miracle understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Miracle 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 
non-proliferative diabetic retinopathy. He holds a Class A CDL from 
Indiana.

Patrick J. Miraflor

    Mr. Miraflor, 51, 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. Miraflor understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Miraflor 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 
Pennsylvania.

Sean K. Myhand

    Mr. Myhand, 39, 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. Myhand understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Myhand 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 Georgia.

Glen R. Parry

    Mr. Parry, 26, 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. Parry understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Parry 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.

George E. Patton

    Mr. Patton, 58, has had ITDM since 2007. 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. Patton understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Patton 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 
non-proliferative diabetic retinopathy. He holds a Class A CDL from 
Alabama.

Michael J. Ramey

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

[[Page 59355]]

safely. Mr. Ramey 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 Colorado.

Richard J. Rasmussen

    Mr. Rasmussen, 54, 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. Rasmussen understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Rasmussen 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 
non-proliferative diabetic retinopathy. He holds a Class A CDL from 
Nebraska.

Mark L. Rigby

    Mr. Rigby, 60, has had ITDM since 1989. 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. Rigby understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Rigby 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 Utah.

Jeffrey K. Roberts

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

Eric R. Storm

    Mr. Storm, 40, has had ITDM since 1983. 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. Storm understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Storm 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 Georgia.

Daniel A. Swain

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

Sean P. Thomas

    Mr. Thomas, 22, 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. Thomas understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Thomas 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 Indiana.

Glenn R. Tyrrell

    Mr. Tyrrell, 41, has had ITDM since 1982. 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. Tyrrell understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Tyrrell 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 
proliferative diabetic retinopathy. He holds a Class A CDL from 
Minnesota.

Lewis W. Vaught, Jr.

    Mr. Vaught, 39, 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. Vaught understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Vaught 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 North Carolina.

Michael S. Waitkus

    Mr. Waitkus, 46, 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

[[Page 59356]]

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

William L. Wiltrout

    Mr. Wiltrout, 74, 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. Wiltrout understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Wiltrout 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.

David T. Zilm

    Mr. Zilm, 53, 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. Zilm understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Zilm 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.

Tina L. Zimmer

    Ms. Zimmer, 34, has had ITDM since 1993. Her endocrinologist 
examined her in 2013 and certified that she has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
Her endocrinologist certifies that Ms. Zimmer understands diabetes 
management and monitoring has stable control of her diabetes using 
insulin, and is able to drive a CMV safely. Ms. Zimmer meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
optometrist examined her in 2013 and certified that she does not have 
diabetic retinopathy. She holds an operator's license from Illinois.

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 USC. 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-2014-0306 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-2014-0306 and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to the 
proposed rulemaking.


[[Page 59357]]


    Issued on: September 25, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-23441 Filed 9-30-14; 8:45 am]
BILLING CODE P