Qualification of Drivers; Exemption Applications; Diabetes, 28097-28100 [E9-13833]
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Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices
crash involvement than the general
population. The diabetes rule provides
that ‘‘A person is physically qualified to
drive a commercial motor vehicle if that
person has no established medical
history or clinical diagnosis of diabetes
mellitus currently requiring insulin for
control’’ (49 CFR 391.41(b)(3)).
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 2003
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.
These twenty-seven applicants have
had ITDM over a range of 1 to 36 years.
These applicants report no
hypoglycemic reaction that resulted in
loss of consciousness or seizure, that
required the assistance of another
person, or resulted in impaired
cognitive function without warning
symptoms in the past 5 years (with one
year of stability following any such
episode). In each case, an
endocrinologist has verified that the
driver has demonstrated willingness to
properly monitor and manage their
diabetes, received education related to
diabetes management, and is on a stable
insulin regimen. These drivers report no
other disqualifying conditions,
including diabetes-related
complications. Each meets the vision
standard at 49 CFR 391.41(b)(10).
The qualifications and medical
condition of each applicant were stated
and discussed in detail in the April 28,
2009, Federal Register Notice (74 FR
19275). Therefore, they will not be
repeated in this notice.
Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the diabetes standard in 49 CFR
391.41(b)(3) if the exemption is likely to
achieve an equivalent or greater level of
safety than would be achieved without
the exemption. The exemption allows
the applicants to operate CMVs in
interstate commerce.
To evaluate the effect of these
exemptions on safety, FMCSA
considered medical reports about the
applicants’ ITDM and vision, and
reviewed the treating endocrinologist’s
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medical opinion related to the ability of
the driver to safely operate a CMV while
using insulin.
Consequently, FMCSA finds that
exempting these applicants from the
diabetes standard in 49 CFR 391.41(b)(3)
is likely to achieve a level of safety
equal to that existing without the
exemption.
Conditions and Requirements
The terms and conditions of the
exemption will be provided to the
applicants in the exemption document
and they include the following: (1) That
each individual submit a quarterly
monitoring checklist completed by the
treating endocrinologist as well as an
annual checklist with a comprehensive
medical evaluation; (2) that each
individual reports within 2 business
days of occurrence, all episodes of
severe hypoglycemia, significant
complications, or inability to manage
diabetes; also, any involvement in an
accident or any other adverse event in
a CMV or personal vehicle, whether or
not they are related to an episode of
hypoglycemia; (3) that each individual
provide a copy of the ophthalmologist’s
or optometrist’s report to the medical
examiner at the time of the annual
medical examination; and (4) that each
individual provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file, or keep a copy in his/her driver’s
qualification file if he/she is selfemployed. The driver must also have a
copy of the certification when driving,
for presentation to a duly authorized
Federal, State, or local enforcement
official.
Discussion of Comments
FMCSA received no comments in this
proceeding.
Conclusion
After considering the comments to the
docket, and based upon its evaluation of
the twenty-seven exemption
applications, FMCSA exempts, Carroll
F. Aardema, Edward F. Back, III, Aaron
Bailey, Mirsad Beganovic, Carol J.
Brummel, Paul R. Caudill, Bernia G.
Denegar, Felipe Guerra, Jr., Michael K.
Gunn, Steven D. Hancock, George E.
Hardman, David L. Hottell, Marlin K.
Johnson, Joshua L. Kroetch, Thomas E.
Kusinsky, David S. Maynard, Gareth L.
Miller, Joseph C. Minnier, Brian K.
Moore, Zachary T. Patton, Edward R.
Peters, Terry L. Robinett, Mark E.
Strunk, Scot J. Suhr, Michael R.
Sullivan, Kenneth R. Walker, and Blake
A. Woolman from the ITDM standard in
49 CFR 391.41(b)(3), subject to the
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28097
conditions listed under ‘‘Conditions and
Requirements’’ above.
In accordance with 49 U.S.C. 31136(e)
and 31315 each exemption will be valid
for two years unless revoked earlier by
FMCSA. The exemption will be revoked
if: (1) The person fails to comply with
the terms and conditions of the
exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136(e) and
31315. If the exemption is still effective
at the end of the 2-year period, the
person may apply to FMCSA for a
renewal under procedures in effect at
that time.
Issued on: June 5, 2009.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E9–13832 Filed 6–11–09; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket ID. FMCSA–2009–0155]
Qualification of Drivers; Exemption
Applications; Diabetes
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemptions from the diabetes standard;
request for comments.
SUMMARY: FMCSA announces receipt of
applications from 21 individuals for
exemptions 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 commercial motor
vehicles in interstate commerce.
DATES: Comments must be received on
or before July 13, 2009.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2009–0122 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://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.
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Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices
• 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.
Each submission must include the
Agency name and the docket ID for this
Notice. Note that DOT posts all
comments received without change to
https://www.regulations.gov, including
any personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to https://
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
FDMS is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, 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 the DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19476). This information is also
available at https://Docketinfo.dot.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Mary D. Gunnels, Director, Medical
Programs, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue, SE., Room W64–
224, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5
p.m., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for a 2year 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 statutes also
allow the Agency to renew exemptions
at the end of the 2-year period. The 21
individuals listed in this notice have
recently requested an exemption from
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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 the statutes.
Qualifications of Applicants
Eugene L. Bradley
Mr. Bradley, age 59, has had ITDM
since 1995. His endocrinologist
examined him in 2009 and certified that
he has had no 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 5 years; understands
diabetes management and monitoring;
and has stable control of his diabetes
using insulin, and is able to drive a
CMV safely. Mr. Bradley meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009
and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class A CDL from
Pennsylvania.
John F. Carruthers
Mr. Carruthers, 55, has had ITDM
since 2002. His endocrinologist
examined him in 2008 and certified that
he has had no 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 5 years; understands
diabetes management and monitoring;
and has stable control of his diabetes
using insulin, and is able to drive a
CMV safely. Mr. Carruthers meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008
and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class A CDL from
Pennsylvania.
Keith A. Craven
Mr. Craven, 50, has had ITDM since
1999. His endocrinologist examined him
in 2008 and certified that he has had no
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 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Craven meets the
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requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2008 and certified that
he does not have diabetic retinopathy.
He holds a Class C operator’s license
from North Carolina.
Jose E. Cruz
Mr. Cruz, 55, has had ITDM since
2007. His endocrinologist examined him
in 2009 and certified that he has had no
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 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Cruz meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist
examined him in 2008 and certified that
he has stable nonproliferative diabetic
retinopathy. He holds a Class B CDL
from Indiana.
Daniel L. Dixon
Mr. Dixon, 48, has had ITDM since
2008. His endocrinologist examined him
in 2009 and certified that he has had no
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 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Dixon meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Indiana.
Michael A. Garufi
Mr. Garufi, 55, has had ITDM since
2008. His endocrinologist examined him
in 2009 and certified that he has had no
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 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Garufi meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2008 and certified that
he does not have diabetic retinopathy.
He holds a Class C operator’s license
from Pennsylvania.
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Joseph P. Jurewicz II
Mr. Jurewicz, 33, has had ITDM since
1999. His endocrinologist examined him
in 2009 and certified that he has had no
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 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Jurewicz meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2009 and certified that
he does not have diabetic retinopathy.
He holds a Class B CDL from
Connecticut.
Dana N. Larsen
Mr. Larsen, 39, has had ITDM since
2008. His endocrinologist examined him
in 2009 and certified that he has had no
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 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Larsen meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Utah.
Jason G. Leavitt
Mr. Leavitt, 39, has had ITDM since
2008. His endocrinologist examined him
in 2009 and certified that he has had no
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 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Leavitt meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2009 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from Utah.
Chad M. Morris
Mr. Morris, 32, has had ITDM since
1985. His endocrinologist examined him
in 2009 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
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Jkt 217001
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Morris meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009
and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class D operator’s license
from New York.
Thomas M. Petee
Mr. Petee, 58, has had ITDM since
2003. His endocrinologist examined him
in 2008 and certified that he has had no
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 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Petee meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist
examined him in 2009 and certified that
he has stable nonproliferative diabetic
retinopathy. He holds a Class A CDL
from Michigan.
Jim A. Phelps
Mr. Phelps, 56, has had ITDM since
1994. His endocrinologist examined him
in 2009 and certified that he has had no
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 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Phelps meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2009 and certified that
he does not have diabetic retinopathy.
He holds an operator’s license from
Michigan.
Larry R. Price
Mr. Price, 66, has had ITDM since
2009. His endocrinologist examined him
in 2009 and certified that he has had no
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 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
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28099
insulin, and is able to drive a CMV
safely. Mr. Price meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined
him in 2009 and certified that he does
not have diabetic retinopathy. He holds
a Class A CDL from Ohio.
James F. Rabideau, Jr.
Mr. Rabideau, 32, has had ITDM since
2007. His endocrinologist examined him
in 2009 and certified that he has had no
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 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Rabideau meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008
and certified that he does not have
diabetic retinopathy. He holds a Class C
operator’s license from New York.
Stanley N. Reneau
Mr. Reneau, 38, has had ITDM since
1977. His endocrinologist examined him
in 2009 and certified that he has had no
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 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Reneau meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2009 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from New
Mexico.
Richard D. Ritenour
Mr. Ritenour, 52, has had ITDM since
2007. His endocrinologist examined him
in 2008 and certified that he has had no
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 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Ritenour meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009
and certified that he has stable
nonproliferative diabetic retinopathy.
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Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices
Timothy G. Walls
He holds a Class B CDL from
Pennsylvania.
John E. Spano
Mr. Spano, 52, has had ITDM since
2008. His endocrinologist examined him
in 2009 and certified that he has had no
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 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Spano meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Massachusetts.
Delton N. Stewart
Mr. Stewart, 49, has had ITDM since
2008. His endocrinologist examined him
in 2008 and certified that he has had no
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 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Stewart meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009
and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class A CDL from North
Carolina.
Mark S. Sundberg
Mr. Sundberg, 51, has had ITDM since
1966. His endocrinologist examined him
in 2009 and certified that he has had no
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 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Sundberg meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009
and certified that he does not have
diabetic retinopathy. He holds an
operator’s license from Michigan.
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17:53 Jun 11, 2009
Jkt 217001
Mr. Walls, 45, has had ITDM since
1998. His endocrinologist examined him
in 2009 and certified that he has had no
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 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Walls meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2009 and certified that
he does not have diabetic retinopathy.
He holds a Class D operator’s license
from West Virginia.
Kelly R. Winslow
Mr. Winslow, 49, has had ITDM since
1995. His endocrinologist examined him
in 2009 and certified that he has had no
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 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Winslow meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2009 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from Idaho.
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 (SAFETEA–LU)
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
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.
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4018 of the Transportation Equity Act
for the 21st Century (49 U.S.C. 31305).
Section 4129 requires: (1) The
elimination of the requirement for three
years of experience operating CMVs
while being treated with insulin; and (2)
the establishment of a specified
minimum period of insulin use to
demonstrate stable control of diabetes
before being allowed to operate a CMV.
In response to section 4129, FMCSA
made immediate revisions to the
diabetes exemption program established
by the September 3, 2003 Notice.
FMCSA discontinued use of the 3-year
driving experience and fulfilled the
requirements of section 4129 while
continuing to ensure that operation of
CMVs by drivers with ITDM will
achieve the requisite level of safety
required of all exemptions granted
under 49 U.S.C. 31136(e).
Section 4129(d) also directed FMCSA
to ensure that drivers of CMVs with
ITDM are not held to a higher standard
than other drivers, with the exception of
limited operating, monitoring and
medical requirements that are deemed
medically necessary.
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.
Issued on: June 5, 2009.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E9–13833 Filed 6–11–09; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2000–7165; FMCSA–
2000–7918; FMCSA–2000–8398; FMCSA–
2002–12294; FMCSA–2002–13411; FMCSA–
2004–17984; FMCSA–2004–19477; FMCSA–
2005–20027; FMCSA–2005–20560; FMCSA–
2007–27333]
Qualification of Drivers; Exemption
Renewals; Vision
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
SUMMARY: FMCSA previously
announced its decision to renew the
exemptions from the vision requirement
in the Federal Motor Carrier Safety
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]]>Agencies
[Federal Register Volume 74, Number 112 (Friday, June 12, 2009)]
[Notices]
[Pages 28097-28100]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13833]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket ID. FMCSA-2009-0155]
Qualification of Drivers; Exemption Applications; Diabetes
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemptions from the diabetes
standard; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 21 individuals
for exemptions 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 commercial motor vehicles in
interstate commerce.
DATES: Comments must be received on or before July 13, 2009.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2009-0122 using any of the
following methods:
Federal eRulemaking Portal: Go to https://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.
[[Page 28098]]
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.
Each submission must include the Agency name and the docket ID for
this Notice. Note that DOT posts all comments received without change
to https://www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
Docket: For access to the docket to read background documents or
comments, go to https://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 FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19476). This information is
also available at https://Docketinfo.dot.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
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 statutes also allow the
Agency to renew exemptions at the end of the 2-year period. The 21
individuals listed in this notice have recently requested 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 the statutes.
Qualifications of Applicants
Eugene L. Bradley
Mr. Bradley, age 59, has had ITDM since 1995. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bradley meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Pennsylvania.
John F. Carruthers
Mr. Carruthers, 55, has had ITDM since 2002. His endocrinologist
examined him in 2008 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Carruthers meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Pennsylvania.
Keith A. Craven
Mr. Craven, 50, has had ITDM since 1999. His endocrinologist
examined him in 2008 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Craven meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class C operator's license from North
Carolina.
Jose E. Cruz
Mr. Cruz, 55, has had ITDM since 2007. His endocrinologist examined
him in 2009 and certified that he has had no 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 5 years; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Cruz meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2008 and certified that he has stable nonproliferative
diabetic retinopathy. He holds a Class B CDL from Indiana.
Daniel L. Dixon
Mr. Dixon, 48, has had ITDM since 2008. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Dixon meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Indiana.
Michael A. Garufi
Mr. Garufi, 55, has had ITDM since 2008. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Garufi meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class C operator's license from
Pennsylvania.
[[Page 28099]]
Joseph P. Jurewicz II
Mr. Jurewicz, 33, has had ITDM since 1999. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Jurewicz meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Connecticut.
Dana N. Larsen
Mr. Larsen, 39, has had ITDM since 2008. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Larsen meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Utah.
Jason G. Leavitt
Mr. Leavitt, 39, has had ITDM since 2008. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Leavitt meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Utah.
Chad M. Morris
Mr. Morris, 32, has had ITDM since 1985. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Morris meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class D operator's
license from New York.
Thomas M. Petee
Mr. Petee, 58, has had ITDM since 2003. His endocrinologist
examined him in 2008 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Petee meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Michigan.
Jim A. Phelps
Mr. Phelps, 56, has had ITDM since 1994. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Phelps meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Michigan.
Larry R. Price
Mr. Price, 66, has had ITDM since 2009. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Price meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Ohio.
James F. Rabideau, Jr.
Mr. Rabideau, 32, has had ITDM since 2007. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Rabideau meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he does not
have diabetic retinopathy. He holds a Class C operator's license from
New York.
Stanley N. Reneau
Mr. Reneau, 38, has had ITDM since 1977. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Reneau meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from New Mexico.
Richard D. Ritenour
Mr. Ritenour, 52, has had ITDM since 2007. His endocrinologist
examined him in 2008 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Ritenour meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he has stable
nonproliferative diabetic retinopathy.
[[Page 28100]]
He holds a Class B CDL from Pennsylvania.
John E. Spano
Mr. Spano, 52, has had ITDM since 2008. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Spano meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Massachusetts.
Delton N. Stewart
Mr. Stewart, 49, has had ITDM since 2008. His endocrinologist
examined him in 2008 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Stewart meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
North Carolina.
Mark S. Sundberg
Mr. Sundberg, 51, has had ITDM since 1966. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Sundberg meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds an operator's license from
Michigan.
Timothy G. Walls
Mr. Walls, 45, has had ITDM since 1998. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Walls meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class D operator's license from West
Virginia.
Kelly R. Winslow
Mr. Winslow, 49, has had ITDM since 1995. His endocrinologist
examined him in 2009 and certified that he has had no 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 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Winslow meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Idaho.
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 (SAFETEA-
LU) 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).
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\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.
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Section 4129 requires: (1) The elimination of the requirement for
three years of experience operating CMVs while being treated with
insulin; and (2) the establishment of a specified minimum period of
insulin use to demonstrate stable control of diabetes before being
allowed to operate a CMV.
In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 Notice.
FMCSA discontinued use of the 3-year driving experience and fulfilled
the requirements of section 4129 while continuing to ensure that
operation of CMVs by drivers with ITDM will achieve the requisite level
of safety required of all exemptions granted under 49 U.S.C. 31136(e).
Section 4129(d) also directed FMCSA to ensure that drivers of CMVs
with ITDM are not held to a higher standard than other drivers, with
the exception of limited operating, monitoring and medical requirements
that are deemed medically necessary.
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.
Issued on: June 5, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-13833 Filed 6-11-09; 8:45 am]
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