[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Notices]
[Pages 15202-15212]
[FR Doc No: 2018-07181]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0024]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 72 individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with insulin-treated
diabetes mellitus (ITDM) operating a commercial motor vehicle (CMV) in
interstate commerce. If granted, the exemptions would enable these
individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before May 9, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0024 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day e.t.,
365 days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-year period if it finds ``such exemption
would likely achieve a level of safety that is equivalent to or greater
than the level that would be achieved absent such exemption.'' The
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
    The 72 individuals listed in this notice have requested an
exemption from the diabetes prohibition in 49 CFR 391.41(b)(3).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting the exemption will achieve the
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding diabetes
found in 49 CFR 391.41(b)(3) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control. The Agency established the current requirement for
diabetes in 1970 because several risk studies indicated that drivers
with diabetes had a higher rate of crash

involvement than the general population.
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal
Register notice in conjunction with the November 8, 2005 (70 FR 67777),
Federal Register notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users requires
the Secretary to revise its diabetes exemption program established on
September 3, 2003 (68 FR 52441). The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
Section 4129 requires: (1) Elimination of the requirement for three
years of experience operating CMVs while being treated with insulin;
and (2) establishment of a specified minimum period of insulin use to
demonstrate stable control of diabetes before being allowed to operate
a CMV.
    In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 notice.
FMCSA discontinued use of the three-year driving experience and
fulfilled the requirements of section 4129 while continuing to ensure
that operation of CMVs by drivers with ITDM will achieve the requisite
level of safety required of all exemptions granted under 49 U.S.C.
31136 (e). Section 4129(d) also directed FMCSA to ensure that drivers
of CMVs with ITDM are not held to a higher standard than other drivers,
with the exception of limited operating, monitoring and medical
requirements that are deemed medically necessary. The FMCSA concluded
that all of the operating, monitoring and medical requirements set out
in the September 3, 2003, notice, except as modified, were in
compliance with section 4129(d). Therefore, all of the requirements set
out in the September 3, 2003, notice, except as modified by the notice
in the Federal Register on November 8, 2005 (70 FR 67777), remain in
effect.

II. Qualifications of Applicants

Anthony R. Adamo

    Mr. Adamo, 62, has had ITDM since 2013. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Adamo understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Adamo meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from New York.

Waleid M. Aly

    Mr. Aly, 43, has had ITDM since 2016. His endocrinologist examined
him in 2017 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Aly understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Aly meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2017 and certified that he does not have diabetic retinopathy. He
holds a operator's license from New Jersey.

Danny T. Anderson

    Mr. Anderson, 51, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Anderson understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Anderson meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Georgia.

Robert F. Araway, II

    Mr. Araway, 51, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Araway understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Araway meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Michigan.

Roger M. Aschan

    Mr. Aschan, 56, has had ITDM since 2018. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Aschan understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Aschan meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Iowa.

James V. Azzarello

    Mr. Azzarello, 33, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Azzarello understands
diabetes management and monitoring,

has stable control of his diabetes using insulin, and is able to drive
a CMV safely. Mr. Azzarello meets the requirements of the vision
standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in
2018 and certified that he does not have diabetic retinopathy. He holds
a Class B CDL from Pennsylvania.

Curtis B. Baker

    Mr. Baker, 68, has had ITDM since 2012. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Baker understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Baker meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Delaware.

Keith L. Banitt

    Mr. Banitt, 61, has had ITDM since 2015. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Banitt understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Banitt meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Minnesota.

Robert L. Bates

    Mr. Bates, 64, has had ITDM since 2015. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Bates understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Bates meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Texas.

Timmy L. Bergman

    Mr. Bergman, 61, has had ITDM since 2011. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Bergman understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Bergman meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Indiana.

John G. Biggs

    Mr. Biggs, 58, has had ITDM since 2017. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Biggs understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Biggs meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Missouri.

Jason R. Brown

    Mr. Brown, 44, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. 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 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Iowa.

David W. Burkholder

    Mr. Burkholder, 67, has had ITDM since 2012. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Burkholder understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Burkholder meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Pennsylvania.

Jeffrey J. Burrichter

    Mr. Burrichter, 62, has had ITDM since 2003. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Burrichter understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Burrichter meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds an operator's license from Texas.

Lou M. Cain

    Mr. Cain, 45, has had ITDM since 2014. His endocrinologist examined
him in 2018 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or

resulting in impaired cognitive function that occurred without warning
in the past 12 months and no recurrent (two or more) severe
hypoglycemic episodes in the last five years. His endocrinologist
certifies that Mr. Cain understands diabetes management and monitoring,
has stable control of his diabetes using insulin, and is able to drive
a CMV safely. Mr. Cain meets the requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist examined him in 2018 and
certified that he does not have diabetic retinopathy. He holds an
operator's license from Texas.

Brayden S. Carothers

    Mr. Carothers, 21, has had ITDM since 2014. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Carothers understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Carothers meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds an operator's license from Utah.

William E. Carr

    Mr. Carr, 37, has had ITDM since 2009. His endocrinologist examined
him in 2017 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Carr understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Carr meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2017 and certified that he has stable nonproliferative diabetic
retinopathy. He holds an operator's license from Massachusetts.

Ebon T. Christian

    Mr. Christian, 44, has had ITDM since 2013. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Christian understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Christian meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from California.

Yasser A. Daadour

    Mr. Daadour, 47, has had ITDM since 2016. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Daadour understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Daadour meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Washington.

Michael C. Elliott

    Mr. Elliott, 32, has had ITDM since 1996. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Elliott understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Elliott meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Kentucky.

Michael A. Fowler

    Mr. Fowler, 53, has had ITDM since 2010. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Fowler understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Fowler meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Ohio.

Corey J. Gillard

    Mr. Gillard, 36, has had ITDM since 2012. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Gillard understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Gillard meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds an operator's license from
Tennessee.

John D. Goodrich

    Mr. Goodrich, 57, has had ITDM since 2017. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Goodrich understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Goodrich meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Nebraska.

Mike Gordon

    Mr. Gordon, 57, has had ITDM since 2015. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Gordon understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Gordon meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from California.

Daniel W. Greene

    Mr. Greene, 45, has had ITDM since 2017. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Greene understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Greene meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Indiana.

Rodney K. Hammond

    Mr. Hammond, 54, has had ITDM since 2017. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Hammond understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Hammond meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Indiana.

Kasey D. Hardie

    Mr. Hardie, 29, has had ITDM since 1999. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Hardie understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Hardie meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Washington.

Donald F. Higgins

    Mr. Higgins, 45, has had ITDM since 2003. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Higgins understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Higgins meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from Indiana.

Raymond O. Hill

    Mr. Hill, 23, has had ITDM since 2003. His endocrinologist examined
him in 2018 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Hill understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Hill meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2018 and certified that he does not have diabetic retinopathy. He
holds an operator's license from Illinois.

Peter M. Hluchaniuk

    Mr. Hluchaniuk, 57, has had ITDM since 2015. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Hluchaniuk understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Hluchaniuk meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Florida.

Phillip G. Hortin

    Mr. Hortin, 54, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Hortin understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Hortin meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Indiana.

Robert C. Hosfelt

    Mr. Hosfelt, 57, has had ITDM since 2014. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Hosfelt understands
diabetes management and monitoring, has stable control of his diabetes
using

insulin, and is able to drive a CMV safely. Mr. Hosfelt meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Benjirman A. Hufstedler

    Mr. Hufstedler, 33, has had ITDM since 2013. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Hufstedler understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Hufstedler meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Nebraska.

Terry A. Jeralds

    Mr. Jeralds, 57, has had ITDM since 2000. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Jeralds understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Jeralds meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Illinois.

Nicholas L. Judd

    Mr. Judd, 37, has had ITDM since 2013. His endocrinologist examined
him in 2017 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Judd understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Judd meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2018 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Kansas.

Joseph Kohorst

    Mr. Kohorst, 58, has had ITDM since 2013. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Kohorst understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Kohorst meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Texas.

Matthew J. Lacey, Sr.

    Mr. Lacey, 56, has had ITDM since 1986. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Lacey understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Lacey meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
proliferative diabetic retinopathy. He holds a Class A CDL from
Illinois.

Douglas B. Lampela

    Mr. Lampela, 54, has had ITDM since 2012. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Lampela understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Lampela meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Michigan.

Timothy Leroux

    Mr. Leroux, 21, has had ITDM since 2001. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Leroux understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Leroux meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from
Massachusetts.

Robert A. Lukasavage

    Mr. Lukasavage, 60, has had ITDM since 2016. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Lukasavage understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Lukasavage meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Elias Martinez-Medina

    Mr. Martinez-Medina, 46, has had ITDM since 2017. His
endocrinologist examined him in 2017 and certified that he has had no
severe hypoglycemic reactions resulting in loss of consciousness,
requiring the assistance

of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Martinez-Medina understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Martinez-Medina meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Idaho.

Michael E. Maxcy

    Mr. Maxcy, 68, has had ITDM since 2016. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Maxcy understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Maxcy meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Mississippi.

Edwin P. McNamara

    Mr. McNamara, 61, has had ITDM since 2015. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. McNamara understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. McNamara meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from South Dakota.

Barbara J. McNew

    Ms. McNew, 60, has had ITDM since 2017. Her endocrinologist
examined her in 2018 and certified that she has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. Her endocrinologist certifies that Ms. McNew understands
diabetes management and monitoring, has stable control of her diabetes
using insulin, and is able to drive a CMV safely. Ms. McNew meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2017 and certified that she does not have
diabetic retinopathy. She holds a Class A CDL from Indiana.

William A. Mejia

    Mr. Mejia, 37, has had ITDM since 2015. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Mejia understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Mejia meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Massachusetts.

David L. Mitchell

    Mr. Mitchell, 60, has had ITDM since 2017. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Mitchell understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Mitchell meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Iowa.

Ibrahim Moussa

    Mr. Moussa, 61, has had ITDM since 2017. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Moussa understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Moussa meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Indiana.

Steven E. Nixon

    Mr. Nixon, 69, has had ITDM since 2017. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Nixon understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Nixon meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Colorado.

Kendrick D. Northan

    Mr. Northan, 36, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Northan understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Northan meets the
requirements of the vision standard at

49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and
certified that he does not have diabetic retinopathy. He holds a Class
A CDL from Virginia.

Robert L. Pae, Jr.

    Mr. Pae, 47, has had ITDM since 2017. His endocrinologist examined
him in 2017 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Pae understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Pae meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2017 and certified that he does not have diabetic retinopathy. He
holds a Class B CDL from New Jersey.

James A. Parnell

    Mr. Parnell, 38, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Parnell understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Parnell meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from South Carolina.

Tyler D. Pittsley

    Mr. Pittsley, 26, has had ITDM since 2004. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Pittsley understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Pittsley meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from North Dakota.

Austin L. Powell

    Mr. Powell, 63, has had ITDM since 1998. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Powell understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Powell meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds an operator's license from Texas.

Randolph L. Saunders

    Mr. Saunders, 63, has had ITDM since 2016. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Saunders understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Saunders meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Thomas J. Scholten

    Mr. Scholten, 59, has had ITDM since 2012. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Scholten understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Scholten meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Michigan.

Gerod M. Scott

    Mr. Scott, 44, has had ITDM since 2014. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Scott understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Scott meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from South Carolina.

Patty A. Sealy

    Ms. Sealy, 61, has had ITDM since 2017. Her endocrinologist
examined her in 2017 and certified that she has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. Her endocrinologist certifies that Ms. Sealy understands
diabetes management and monitoring, has stable control of her diabetes
using insulin, and is able to drive a CMV safely. Ms. Sealy meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
ophthalmologist examined her in 2017 and certified that she does not
have diabetic retinopathy. She holds a Class A CDL from Alabama.

Elvin L. Shaum

    Mr. Shaum, 71, has had ITDM since 2005. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or

more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Shaum understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Shaum meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Ohio.

Joseph A. Snyder

    Mr. Snyder, 72, has had ITDM since 2012. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Snyder understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Snyder meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Ohio.

Brandon T. Staebler

    Mr. Staebler, 49, has had ITDM since 2014. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Staebler understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Staebler meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from Oregon.

Max H. Swartz, Jr.

    Mr. Swartz, 73, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Swartz understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Swartz meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Pennsylvania.

Brian J. Tegeler

    Mr. Tegeler, 56, has had ITDM since 1990. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Tegeler understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Tegeler meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Illinois.

Tony L. Tracy

    Mr. Tracy, 44, has had ITDM since 2010. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Tracy understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Tracy meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Indiana.

Jonathan P. Tschannen

    Mr. Tschannen, 36, has had ITDM since 2017. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Tschannen understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Tschannen meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Illinois.

Philip C. Vanderiet

    Mr. Vanderiet, 39, has had ITDM since 2017. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Vanderiet understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Vanderiet meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Texas.

David W. Vickmark

    Mr. Vickmark, 57, has had ITDM since 2012. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Vickmark understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Vickmark meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy.

He holds a Class A CDL from Minnesota.

Aaron A. Ward

    Mr. Ward, 28, has had ITDM since 2015. His endocrinologist examined
him in 2017 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Ward understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Ward meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2017 and certified that he does not have diabetic retinopathy. He
holds a Class B CDL from Illinois.

Jerry C. Ward

    Mr. Ward, 21, has had ITDM since 2006. His endocrinologist examined
him in 2017 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Ward understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Ward meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2017 and certified that he does not have diabetic retinopathy. He
holds a Class B CDL from Louisiana.

Michael A. Wells

    Mr. Wells, 45, has had ITDM since 1995. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Wells understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Wells meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from Georgia.

Kennie O. Williams

    Ms. Williams, 43, has had ITDM since 2017. Her endocrinologist
examined her in 2017 and certified that she has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. Her endocrinologist certifies that Ms. Williams understands
diabetes management and monitoring, has stable control of her diabetes
using insulin, and is able to drive a CMV safely. Ms. Williams meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2018 and certified that she does not have
diabetic retinopathy. She holds an operator's license from North
Carolina.

Robert V. Woodrup

    Mr. Woodrup, 53, has had ITDM since 2016. His endocrinologist
examined him in 2018 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Woodrup understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Woodrup meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from North Carolina.

Joseph H. Woods

    Mr. Woods, 40, has had ITDM since 1993. His endocrinologist
examined him in 2017 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Woods understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Woods meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he has stable
proliferative diabetic retinopathy. He holds an operator's license from
Ohio.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the dates
section of the notice.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2018-0024 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and materials received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2018-0024 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.

    Issued on: April 2, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-07181 Filed 4-6-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Notices]
[Pages 11252-11255]
[FR Doc No: 2013-03569]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68897; File No. SR-C2-2013-007]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend the Fees Schedule

February 11, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 1, 2013, C2 Options Exchange, Incorporated (the
``Exchange'' or ``C2'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend its Fees Schedule. The text of the
proposed rule change [sic] available on the Exchange's Web site (http://www.c2exchange.com/Legal/), at the Exchange's Office of the Secretary,
and at the Commission.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its Fees Schedule. First, to
correspond with other changes to equity options fees that the Exchange
has proposed to take effect on February 1, 2013,\3\ C2 proposes to
state that for all complex order transactions in equity options
classes, all components of such transactions (including simple, non-
complex orders and/or quotes that execute against a complex order) will
be assessed no fee (or rebate). In SR-C2-2013-004, the Exchange
proposes to adopt equity options transaction fees that are based, in
part, on the C2 BBO Market Width. Because it would be difficult to
determine the C2 BBO Market Width for spread transactions (which
involve complex orders), the Exchange is still in the process of
determining how to assess fees for such transactions. As such, C2
proposes, until making such determination, to assess no fees (or
rebates) for all complex order transactions. The Exchange does not
anticipate receiving many complex

orders in equity options in the near future.
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    \3\ See SR-C2-2013-004, available for viewing at http://www.c2exchange.com/Legal/RuleFilings.aspx.
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    In conjunction with C2's recent adoption of Designated Primary
Market-Makers (``DPMs'') \4\ for equity options classes, the Exchange
also proposes to amend its Fees Schedule to exclude Public Customer
orders (in equity options classes) from the Linkage \5\ Routing Fee of
$0.50 per routed contract in addition to applicable C2 taker fee.
Instead, for Public Customer orders in equity options classes, C2
proposes to pass through the actual transaction fee assessed by the
exchange(s) to which the order was routed. Other exchanges that use the
DPM/Specialist model, including Chicago Board Options Exchange,
Incorporated (``CBOE'') and NYSE MKT LLC (``Amex''), pass through fees
(with some modifications) for such customer order routing.\6\
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    \4\ See Securities Exchange Act Release No. 68070 (October 18,
2012), 77 FR 65037 (October 24, 2012) (SR-C2-2012-024).
    \5\ ``Linkage'' is the commonly-used term that refers to the
Options Order Protection and Locked/Crossed Market Plan.
    \6\ See CBOE Fees Schedule, table on Linkage Fees, and Amex
Routing Surcharge.
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    The Exchange has determined to increase the quoting bandwidth
allowance for a Market-Maker Permit in order to provide greater quoting
capacity for Market-Makers. Currently, such allowance is the equivalent
to 156,000,000 quotes over the course of a day. This allowance will be
increased to 195,000,000 quotes over the course of a day.
    Because the registration cost for SPXPM is 1.0, a full Market-Maker
Trading Permit (cost $5,000 per month) is required for an Exchange
Trading Permit Holder (``TPH'') to act as a Market-Maker in SPXPM. As
such, because the Exchange intends to cease the listing and trading of
SPXPM options following the close of trading on Friday, February 15,
2013, the Exchange proposes that, for any Market-Maker Permit used in
February 2013 solely to act as a Market-Maker in SPXPM, C2 will credit
back to the Market-Maker a pro-rated amount (corresponding to the
portion of the month during which SPXPM is not listed on C2) of the
Market-Maker Permit cost.
    The Exchange also proposes to eliminate the distinction between
Sponsored Users and non-Sponsored Users as they relate to Connectivity
Charges. Currently, Sponsored Users are charged twice the regular
monthly fees for such charges, with the types and amounts of such fees
described in the chart below:

------------------------------------------------------------------------
                                              Regular     Sponsored user
               Description                  monthly fee     monthly fee
------------------------------------------------------------------------
Network Access Port (1 Gbps)............            $500          $1,000
Network Access Port (10 Gbps)...........          $1,000          $2,000
CMI Login ID............................            $500          $1,000
FIX Login ID............................            $500          $1,000
------------------------------------------------------------------------

    Going forward, the Exchange proposes to assess to Sponsored Users
and all other non-TPHs the same Connectivity Charges as are assessed to
TPHs, and to state that all such fees apply to non-TPHs as well as
TPHs. The purpose of the proposed change is to simplify the Exchange's
fees structure for connectivity to the Exchange and have a standard set
of connectivity fees that apply to both TPHs and non-TPHs.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\7\ Specifically, the Exchange believes the proposed rule change is
consistent with Section 6(b)(4) of the Act,\8\ which provides that
Exchange rules may provide for the equitable allocation of reasonable
dues, fees, and other charges among its Trading Permit Holders and
other persons using its facilities.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    Assessing no fees for complex order executions in equity options
classes is reasonable because market participants will not have to pay
a fee for such executions. This change is equitable and not unfairly
discriminatory because it would otherwise be difficult to determine the
amount of fees for spread transactions (given the Exchange's new manner
of determining equity options fees), and because all market
participants will be assessed no fee for such transactions. Further,
many exchanges (including C2) currently offer different pricing for
complex orders than for simple orders.\9\
---------------------------------------------------------------------------

    \9\ See Amex Fee Schedule and International Securities Exchange,
LLC (``ISE'') Schedule of Fees, Section II and also C2 Fees
Schedule, Section 1C.
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    Passing through Linkage Fees for Public Customer orders is
reasonable because it will merely require Public Customers to pay the
amount of fees assessed for the execution of their orders on the away
market(s) on which such orders are executed. This change is equitable
and not unfairly discriminatory because, while it allows Public
Customers to avoid the $0.50 per contract fee (in addition to the
applicable C2 taker fee) that is assessed to other market participants
for Linkage orders, it may encourage Public Customers to send more
orders to the Exchange (without worrying about the fees that would be
incurred if such orders are sent to away markets). Thus, more Public
Customer orders (some that do get sent to away markets, and some that
do not) may be sent to the Exchange. This provides greater liquidity,
which benefits all market participants. Further, there is a history
within the options marketplace of providing different fee structures
for Public Customers than for other market participants. Moreover, a
number of other exchanges, including CBOE and Amex, pass through
Linkage fees to Public Customers and assess different Linkage fees to
Public Customers than to other market participants (indeed, C2's
proposed pass-through of Public Customer Linkage Fees is favorable to
that on Amex, which passes through the fee and adds an $0.11 per
contract surcharge).\10\
---------------------------------------------------------------------------

    \10\ See CBOE Fees Schedule, table on Linkage Fees, and Amex
Routing Surcharge.
---------------------------------------------------------------------------

    Increasing the quoting bandwidth allowance is reasonable because it
will allow Market-Makers to quote more. This increase is equitable and
not unfairly discriminatory because it will apply to all Market-Maker
Permits. Further, the increase in quoting bandwidth allowance will
allow Market-Makers to quote more, which will provide more trading
opportunity for all market participants.
    Crediting back to a Market-Maker the pro-rated amount of the
Market-Maker Permit fee for a Market-Maker Permit that is used solely
for a TPH to act as

a Market-Maker in SPXPM during February 2013 is reasonable because
SPXPM will only be listed and traded during a portion of the month of
February 2013, so it makes sense to only assess the Market-Maker Permit
fee for that portion of the month. This is equitable and not unfairly
discriminatory because it will apply to all Market-Maker Permits that
are used solely for a TPH to act as a Market-Maker in SPXPM during
February 2013.
    Eliminating, for the purpose of Connectivity Charges, the
distinction between Sponsored Users and stating that these fees apply
to both TPHs and non-TPHs is reasonable because it will allow Sponsored
Users and other non-TPHs to pay half the amount that Sponsored Users
are currently assessed for such fees and ensure that TPHs and non-TPHs
pay the same amounts in connectivity fees. The proposed change is
equitable and not unfairly discriminatory because it will allow
Sponsored Users and non-TPHs to be assessed the same amounts as TPHs.

B. Self-Regulatory Organization's Statement on Burden on Competition

    C2 does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.
    C2 believes that assessing no fee for all complex order
transactions in equity options classes will not impose any burden on
intramarket competition because all market participants will be
assessed no fee for such transactions. C2 believes that this will not
impose a burden on intermarket competition, but to the extent that not
assessing transaction fees on all complex order transactions in equity
options classes may attract market participants on other exchanges to
C2, such market participants can always elect to become C2 market
participants.
    The Exchange believes that passing through an away market's
transaction fees for Public Customer orders sent to such away market(s)
will not impose an unfair burden on intramarket competition because,
while it allows Public Customers to avoid the $0.50 per contract fee
(in addition to the applicable C2 taker fee) that is assessed to other
market participants for Linkage orders, it may encourage Public
Customers to send more orders to the Exchange (without worrying about
the fees that would be incurred if such orders are sent to away
markets). Thus, more Public Customer orders (some that do get sent to
away markets, and some that do not) may be sent to the Exchange. This
provides greater liquidity, which benefits all market participants.
Further, there is a history within the options marketplace of providing
different fee structures for Public Customers than for other market
participants. The Exchange believes that this will not impose an unfair
burden on intermarket competition because a number of other exchanges,
including CBOE and Amex, pass through Linkage fees to Public Customers
and assess different Linkage fees to Public Customers than to other
market participants (indeed, C2's proposed pass-through of Public
Customer Linkage Fees is favorable to that on Amex, which passes
through the fee and adds an $0.11 per contract surcharge).\11\ To the
extent that this pass-through may be attractive to Public Customers to
send orders to C2 instead of other markets, such Public Customers may
elect to do so.
---------------------------------------------------------------------------

    \11\ See CBOE Fees Schedule, table on Linkage Fees, and Amex
Routing Surcharge.
---------------------------------------------------------------------------

    The Exchange does not believe that increasing the quoting bandwidth
allowance for Market-Maker Permits will cause an unfair burden on
intramarket competition because this increase applies to only, and all,
C2 Market-Makers (just as does the current lower quoting bandwidth
allowance). Further, the increase in quoting bandwidth allowance will
allow Market-Makers to quote more, which will provide more trading
opportunity for all market participants. The Exchange does not believe
that this increase will cause an unfair burden on intermarket
competition because, to the extent that this increased quoting
bandwidth allowance may be attractive to Market-Makers at other
exchanges, such Market-Makers may register as Market-Makers on C2.
    The Exchange does not believe that crediting back to a Market-Maker
the pro-rated amount of the Market-Maker Permit fee for a Market-Maker
Permit that is used solely for a TPH to act as a Market-Maker in SPXPM
during February 2013 will cause an unfair burden on intramarket
competition because it only applies to Market-Makers using a Market-
Maker Permit solely to act as a Market-Maker in SPXPM, which is the
only options class with a full 1.0 registration cost that the Exchange
intends to cease listing and trading in the middle of February 2013.
The Exchange does not believe that this will cause an unfair burden on
intermarket competition because SPXPM is only traded on C2.
    The Exchange believes that eliminating, for the purpose of
Connectivity Charges, the distinction between Sponsored Users and
stating that these fees apply to both TPHs and non-TPHs will relieve
any possible burden on intramarket competition because it will ensure
that TPHs and non-TPHs will be paying the same fee amounts. The
Exchange believes that the proposed change will not impose any burden
on intermarket competition, or have an impact on intermarket
competition, because the proposed changes apply merely to connections
to C2, and each exchange has different manners and structures for
connectivity. Further, to the extent that the elimination of separate
higher fees for Sponsored Users and the statement that the regular fees
apply to both TPHs and non-TPHs could attract market participants
connecting to other exchanges to connect to C2, market participants
trading on other exchanges can always elect to do so.
    The Exchange also notes that it operates in a highly-competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive. The proposed rule change reflects a competitive pricing
structure designed to incent market participants to direct their order
flow to the Exchange, and the Exchange believes that such structure
will help the Exchange remain competitive with those fees and rebates
assessed by other venues.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \12\ and paragraph (f) of Rule 19b-4 \13\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing,

including whether the proposed rule change is consistent with the Act.
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-C2-2013-007 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-C2-2013-007. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-C2-2013-007, and should be
submitted on or before March 8, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-03569 Filed 2-14-13; 8:45 am]
BILLING CODE 8011-01-P