Qualification of Drivers; Exemption Applications; Diabetes, 43220-43221 [E9-20624]

Download as PDF 43220 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Notices straight trucks for 23 years, accumulating 345,000 miles. He holds a Class B CDL from Connecticut. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Robert E. Soto Mr. Soto, 45, has had myopic degeneration in his left eye since childhood. The best corrected visual acuity in his right eye is 20/20 and in his left eye, count-finger vision. Following an examination in 2009, his ophthalmologist noted, ‘‘Vision sufficient for commercial driving.’’ Mr. Soto reported that he has driven tractortrailer combinations for 9 years, accumulating 1.1 million miles. He holds a Class A CDL from Texas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. jlentini on DSKJ8SOYB1PROD with NOTICES Jerry W. Stanfill Mr. Stanfill, 67, has complete loss of vision in his left eye due to optic nerve damage sustained in 1990. The best corrected visual acuity in his right eye is 20/20. Following an examination in 2009, his optometrist noted, ‘‘In my opinion, Jerry has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Stanfill reported that he has driven straight trucks for 25 years, accumulating 2.2 million miles, and tractor-trailer combinations for 17 years, accumulating 1.6 million miles. He holds a Class A CDL from Arkansas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Charles M. Thomas Mr. Thomas, 61, has had diabetic retinopathy in both eyes since 1996. The best corrected visual acuity in his right eye is 20/25 and in his left eye, 20/80. Following an examination in 2009, his ophthalmologist noted, ‘‘As an Ophthalmologist, I certify that Mr. Thomas has sufficient vision and field of vision, to more than adequately perform the driving tasks that are required to operate a commercial vehicle.’’ Mr. Thomas reported that he has driven tractor-trailer combinations for 32 years, accumulating 3.2 million miles. He holds a Class A CDL from Maryland. His driving record for the last 3 years shows no crashes and one conviction for a moving violation in a CMV, failure to obey a traffic sign. Roger L. Unser Mr. Unser, 60, has a prosthetic left eye due to a traumatic injury sustained in 1957. The best corrected visual acuity in VerDate Nov<24>2008 17:05 Aug 25, 2009 Jkt 217001 his right eye is 20/20. Following an examination in 2009, his ophthalmologist noted, ‘‘In my medical opinion, Mr. Unser’s vision is acceptable to drive a commercial vehicle.’’ Mr. Unser reported that he has driven straight trucks for 8 years, accumulating 320,000 miles, tractortrailer combinations for 8 years, accumulating 440,000 miles, and buses for 6 years, accumulating 105,000. He holds a Class B CDL from Oregon. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Virgil E. Walker Mr. Walker, 61, has had amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye is 20/100 and in his left eye, 20/20. Following an examination in 2009, his optometrist noted, ‘‘The patient has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Walker reported that he has driven straight trucks for 36 years, accumulating 342,000 miles. He holds a Class B CDL from Texas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. 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. The Agency will consider all comments received before the close of business September 25, 2009. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The Agency will file comments received after the comment closing date in the public docket, and will consider them to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should monitor the public docket for new material. Issued on: August 20, 2009. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E9–20622 Filed 8–25–09; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Qualification of Drivers; Exemption Applications; Diabetes AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. SUMMARY: FMCSA announces its denial of 189 applications from individuals who requested an exemption from the Federal diabetes standard applicable to interstate truck and bus drivers and the reasons for the denials. FMCSA has statutory authority to exempt individuals from the diabetes requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions does not provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director Medical Programs, 202–366–4001, U.S. Department of Transportation, FMCSA, 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 from the Federal diabetes standard for a renewable 2-year period if it finds ‘‘such an exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such an exemption.’’ The procedures for requesting an exemption are set out in 49 CFR part 381. Accordingly, FMCSA evaluated 189 individual exemption requests on their merits and made a determination that these applicants do not satisfy the criteria eligibility or meet the terms and conditions of the Federal exemption program. Each applicant has, prior to this notice, received a letter of final disposition on his/her exemption request. Those decision letters fully outlined the basis for the denial and constitute final Agency action. The list published today summarizes the Agency’s recent denials as required under 49 U.S.C. 31315(b)(4) by periodically publishing names and reasons for denials. E:\FR\FM\26AUN1.SGM 26AUN1 jlentini on DSKJ8SOYB1PROD with NOTICES Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Notices The following 24 applicants lacked sufficient driving experience during the 3-year period prior to the date of their application: Brian J. Carew, Michael R. Castle, Brandon W. Cazier, Gary C. Christensen, Stephen G. Corbett, Boyd A. Dorris, Rex C. Ewen, Frank L. Fernald, Gary J. Flynn, James F. Gaab, Timothy L. Goodman, Charles T. Hankel, Jr., Gerald P. Hansen, Kory L. Johansen, Franklin P. Kingston, Linda L. Koenig-Warren, William L. Leichner, Gregory A. Leisgang, Wayne Martens, Thomas J. Martin, David McClaflin, Tommie A. Monroe, Wayne Ruhmann, Jay W. Slepner. The following 3 applicants had unacceptable driving performance during the 3-year review period: Drew R. Begin, Ken Greer, Charles E. Williams. Section 4129 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act—A legacy for Users (SAFETEA– LU), which was signed into law on August 16, 2005, established several programmatic changes which included the elimination of the requirement for three years of experience operating CMVs. To address this, FMCSA immediately discontinued the use of the 3-year criterion for diabetic drivers and notified all applicants who had been denied because they did not meet this criterion and encouraged them to reapply. The following 7 applicants had unacceptable diabetic conditions: Joseph G. Corsaro, Jeffrey S. Hanson, James L. Mays, Dean A. Sewell, Ruth P. Stanley, Joseph Thomas, Jr., Leonard D. Walters. The following 17 applicants submitted false information and/or did not have an endocrinologist willing to state that they could operate a CMV from a diabetes standpoint: Tavis Boyd, George D. Buber, Richard E. Crum, Rhonda T. Dominick, Russell Forsman, Alfred Gjaltema, Nolan O. Good, Denis A. Hall, Randy A. Hicks, David G. Kagdis, Daniel E. Lindberg, George H. Morton, Jr., Ricky D. Pryor, Thomas E. Richards, William C. Sexton, Jr., George S. Thompson, Jr., James E. Yocum. The following 36 applicants currently meet the diabetes requirements of 49 CFR 391.41(b)(3) as they were not taking insulin: Charles G. Barnes, Randy L. Bear, Charles A. Best, Jonathan M. Bona, Daniel G. Brinkman, Joseph K. Campbell, Philip Capozzo, Dennis J. Dallmann, Richard W. DeSollar, Anthony W. Dick, Andrew Floyd, Leroy Foster, Richard F. Griffith, Gervis E. Hentz, Kia C. Jackson, Eugene F. Jackson, Shirley A. Kemp, Larry D. Kuhuski, Franklin P. Laner, Sr., Alex Madrid, Clifford A. McPherson, Murl L. VerDate Nov<24>2008 17:05 Aug 25, 2009 Jkt 217001 Moore, John C. Nickles, Donald A. Peterman, Baylis C. Pope, Roger N. Raley, Timothy J. Rockwell, Jerry L. Ruffin, Layman J. Sherman, Victor A. Sutter, Mark A. Tidwell, Ophelia Toledo, James R. Tschida, Edward A. Vasey, George P. Ward, Jr. The following 19 applicants have either had more than one severe hypoglycemic episode which resulted in loss of consciousness, required hospitalization or the assistance of others, involved a period of impaired cognitive function that occurred without warning or have had one such episode but have not had 1 year of stability following the episode: Jerry L. Allen, Warren W. Braunschweig, Bobby A. Cole, Nancy Courtney, Timothy J. Crawshaw, Eddie D. Daugherty, Matthew J. Dombrowski, Richard Donald, Andrew J. Dreyer, Tony L. Gazaway, Glenn A. Kotzer, Stephen P. Larson, Lawrence E. Olson, Joseph W. Paolasini, Richard O. Price, Melvin J. Slone, Gary L. Sorensen, Graydon R. Stone, Stanley C. Tarvidas. The following 55 applicants have other medical conditions making them otherwise unqualified under the Federal Motor Carrier Safety Regulations. All applicants must meet all other physical qualifications standards in 49 CFR 391.41(b)(1–13) or hold a valid exemption: David A. Arnett, Kristina M. Baker, Robert U. Ballard, William J. Bernhard, Herber A. Bertsche, Preston S. Brown, Daniel E. Bruggeman, Richard G. Callihan, Ronald Carter, Michael G. Deschenes, Gary L. Doman, Dennis C. Doyle, Henry L. Estrada, Sr., Harry W. Fersch, III, George F. Fry, Donald M. Gerber, Orlando Gonzalez, Robert F. Hansen, Leonard C. Jackson, Quency T. Johnson, Samuel E. Johnson, Jr., Ronald C. Jones, Stephen G. Kelly, Henrietta M. Ketcham, Leonard J. LaChance, Todd P. Larrow, Daryl C. Lenz, Gary F. Lucey, John E. Mawn, Harold G. McCusker, Willie McDaniel, Anthony R. Messina, Donald L. Miller, Richard E. Moore, Roland J. Mroz, Robert L. Mullinax, Karl F. Murhammer, Jr., Harry E. North, Michael W. Pelley, Richard E. Peterson, James C. Plumley, Albert L. Robinson, Gary M. Rooney, Temistocles E. Sanchez, Winston C. Saxon, Steven A. Shinall, Barry A. Shockey, Steven Simione, Rodney L. Stoltenberg, Rocky W. Tyler, Theodore L. Welson, Milton J. Williams, Leroy C. Williams, Anthony F. Wooten, Martin Wright, Jr. The following 3 applicants were denied for miscellaneous/multiple reasons: Brian F. Beebe, Kevin A. Mitchell, Steve Morris. The following 5 applicants were unable to or not willing to demonstrate proper management and monitoring of PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 43221 his/her diabetes whether by personal decision or medical inability: Ray G. Barker, Ronald J. Herd, Douglas A. Galanius, Francis T. Flood, Dana R. Ward. One applicant, Fred A. Taylor, did not submit the required documents. The following 2 applicants were Canadian applicants: Norman S. Peltzer, Kevin R. Durham. Finally, the following 17 applicants did not meet the minimum age requirement of at least 21 years old: Matthew S. Buckner, Dustin G. Cook, Jordan S. Denley, John K. Funkhouser, Michael J. Guido, Cody H. Heckemeyer, Cameron D. Hubbard, Troy M. Keller, Timothy L. Koehn, Justin T. Mattice, Justine Oyler, Thomas J. Paulus, Russell L. Peters, James W. Smith, Suzanne J. Sublaban, Cory A. Thomas, Justin K. Zimmerschied. Issued on: August 20, 2009. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E9–20624 Filed 8–25–09; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1998–4334; FMCSA– 1999–5578; FMCSA–2000–7363; FMCSA– 2001–9561; FMCSA–2001–9258; FMCSA– 2003–14504; FMCSA–2003–15268; FMCSA– 2005–20027; FMCSA–2005–21254; FMCSA– 2007–27897] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. SUMMARY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 23 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. DATES: This decision is effective September 23, 2009. Comments must be received on or before September 25, 2009. E:\FR\FM\26AUN1.SGM 26AUN1

Agencies

[Federal Register Volume 74, Number 164 (Wednesday, August 26, 2009)]
[Notices]
[Pages 43220-43221]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20624]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration


Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of denials.

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

SUMMARY: FMCSA announces its denial of 189 applications from 
individuals who requested an exemption from the Federal diabetes 
standard applicable to interstate truck and bus drivers and the reasons 
for the denials. FMCSA has statutory authority to exempt individuals 
from the diabetes requirement if the exemptions granted will not 
compromise safety. The Agency has concluded that granting these 
exemptions does not provide a level of safety that will be equivalent 
to, or greater than, the level of safety maintained without the 
exemptions for these commercial motor vehicle (CMV) drivers.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director Medical 
Programs, 202-366-4001, U.S. Department of Transportation, FMCSA, 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 
from the Federal diabetes standard for a renewable 2-year period if it 
finds ``such an exemption would likely achieve a level of safety that 
is equivalent to, or greater than, the level that would be achieved 
absent such an exemption.'' The procedures for requesting an exemption 
are set out in 49 CFR part 381.
    Accordingly, FMCSA evaluated 189 individual exemption requests on 
their merits and made a determination that these applicants do not 
satisfy the criteria eligibility or meet the terms and conditions of 
the Federal exemption program. Each applicant has, prior to this 
notice, received a letter of final disposition on his/her exemption 
request. Those decision letters fully outlined the basis for the denial 
and constitute final Agency action. The list published today summarizes 
the Agency's recent denials as required under 49 U.S.C. 31315(b)(4) by 
periodically publishing names and reasons for denials.

[[Page 43221]]

    The following 24 applicants lacked sufficient driving experience 
during the 3-year period prior to the date of their application: Brian 
J. Carew, Michael R. Castle, Brandon W. Cazier, Gary C. Christensen, 
Stephen G. Corbett, Boyd A. Dorris, Rex C. Ewen, Frank L. Fernald, Gary 
J. Flynn, James F. Gaab, Timothy L. Goodman, Charles T. Hankel, Jr., 
Gerald P. Hansen, Kory L. Johansen, Franklin P. Kingston, Linda L. 
Koenig-Warren, William L. Leichner, Gregory A. Leisgang, Wayne Martens, 
Thomas J. Martin, David McClaflin, Tommie A. Monroe, Wayne Ruhmann, Jay 
W. Slepner.
    The following 3 applicants had unacceptable driving performance 
during the 3-year review period: Drew R. Begin, Ken Greer, Charles E. 
Williams.
    Section 4129 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act--A legacy for Users (SAFETEA-LU), which was 
signed into law on August 16, 2005, established several programmatic 
changes which included the elimination of the requirement for three 
years of experience operating CMVs. To address this, FMCSA immediately 
discontinued the use of the 3-year criterion for diabetic drivers and 
notified all applicants who had been denied because they did not meet 
this criterion and encouraged them to reapply.
    The following 7 applicants had unacceptable diabetic conditions: 
Joseph G. Corsaro, Jeffrey S. Hanson, James L. Mays, Dean A. Sewell, 
Ruth P. Stanley, Joseph Thomas, Jr., Leonard D. Walters.
    The following 17 applicants submitted false information and/or did 
not have an endocrinologist willing to state that they could operate a 
CMV from a diabetes standpoint: Tavis Boyd, George D. Buber, Richard E. 
Crum, Rhonda T. Dominick, Russell Forsman, Alfred Gjaltema, Nolan O. 
Good, Denis A. Hall, Randy A. Hicks, David G. Kagdis, Daniel E. 
Lindberg, George H. Morton, Jr., Ricky D. Pryor, Thomas E. Richards, 
William C. Sexton, Jr., George S. Thompson, Jr., James E. Yocum.
    The following 36 applicants currently meet the diabetes 
requirements of 49 CFR 391.41(b)(3) as they were not taking insulin: 
Charles G. Barnes, Randy L. Bear, Charles A. Best, Jonathan M. Bona, 
Daniel G. Brinkman, Joseph K. Campbell, Philip Capozzo, Dennis J. 
Dallmann, Richard W. DeSollar, Anthony W. Dick, Andrew Floyd, Leroy 
Foster, Richard F. Griffith, Gervis E. Hentz, Kia C. Jackson, Eugene F. 
Jackson, Shirley A. Kemp, Larry D. Kuhuski, Franklin P. Laner, Sr., 
Alex Madrid, Clifford A. McPherson, Murl L. Moore, John C. Nickles, 
Donald A. Peterman, Baylis C. Pope, Roger N. Raley, Timothy J. 
Rockwell, Jerry L. Ruffin, Layman J. Sherman, Victor A. Sutter, Mark A. 
Tidwell, Ophelia Toledo, James R. Tschida, Edward A. Vasey, George P. 
Ward, Jr.
    The following 19 applicants have either had more than one severe 
hypoglycemic episode which resulted in loss of consciousness, required 
hospitalization or the assistance of others, involved a period of 
impaired cognitive function that occurred without warning or have had 
one such episode but have not had 1 year of stability following the 
episode: Jerry L. Allen, Warren W. Braunschweig, Bobby A. Cole, Nancy 
Courtney, Timothy J. Crawshaw, Eddie D. Daugherty, Matthew J. 
Dombrowski, Richard Donald, Andrew J. Dreyer, Tony L. Gazaway, Glenn A. 
Kotzer, Stephen P. Larson, Lawrence E. Olson, Joseph W. Paolasini, 
Richard O. Price, Melvin J. Slone, Gary L. Sorensen, Graydon R. Stone, 
Stanley C. Tarvidas.
    The following 55 applicants have other medical conditions making 
them otherwise unqualified under the Federal Motor Carrier Safety 
Regulations. All applicants must meet all other physical qualifications 
standards in 49 CFR 391.41(b)(1-13) or hold a valid exemption: David A. 
Arnett, Kristina M. Baker, Robert U. Ballard, William J. Bernhard, 
Herber A. Bertsche, Preston S. Brown, Daniel E. Bruggeman, Richard G. 
Callihan, Ronald Carter, Michael G. Deschenes, Gary L. Doman, Dennis C. 
Doyle, Henry L. Estrada, Sr., Harry W. Fersch, III, George F. Fry, 
Donald M. Gerber, Orlando Gonzalez, Robert F. Hansen, Leonard C. 
Jackson, Quency T. Johnson, Samuel E. Johnson, Jr., Ronald C. Jones, 
Stephen G. Kelly, Henrietta M. Ketcham, Leonard J. LaChance, Todd P. 
Larrow, Daryl C. Lenz, Gary F. Lucey, John E. Mawn, Harold G. McCusker, 
Willie McDaniel, Anthony R. Messina, Donald L. Miller, Richard E. 
Moore, Roland J. Mroz, Robert L. Mullinax, Karl F. Murhammer, Jr., 
Harry E. North, Michael W. Pelley, Richard E. Peterson, James C. 
Plumley, Albert L. Robinson, Gary M. Rooney, Temistocles E. Sanchez, 
Winston C. Saxon, Steven A. Shinall, Barry A. Shockey, Steven Simione, 
Rodney L. Stoltenberg, Rocky W. Tyler, Theodore L. Welson, Milton J. 
Williams, Leroy C. Williams, Anthony F. Wooten, Martin Wright, Jr.
    The following 3 applicants were denied for miscellaneous/multiple 
reasons: Brian F. Beebe, Kevin A. Mitchell, Steve Morris.
    The following 5 applicants were unable to or not willing to 
demonstrate proper management and monitoring of his/her diabetes 
whether by personal decision or medical inability: Ray G. Barker, 
Ronald J. Herd, Douglas A. Galanius, Francis T. Flood, Dana R. Ward.
    One applicant, Fred A. Taylor, did not submit the required 
documents.
    The following 2 applicants were Canadian applicants: Norman S. 
Peltzer, Kevin R. Durham.
    Finally, the following 17 applicants did not meet the minimum age 
requirement of at least 21 years old: Matthew S. Buckner, Dustin G. 
Cook, Jordan S. Denley, John K. Funkhouser, Michael J. Guido, Cody H. 
Heckemeyer, Cameron D. Hubbard, Troy M. Keller, Timothy L. Koehn, 
Justin T. Mattice, Justine Oyler, Thomas J. Paulus, Russell L. Peters, 
James W. Smith, Suzanne J. Sublaban, Cory A. Thomas, Justin K. 
Zimmerschied.

    Issued on: August 20, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-20624 Filed 8-25-09; 8:45 am]
BILLING CODE 4910-EX-P
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