Qualification of Drivers; Exemption Applications; Diabetes, 68092-68095 [E9-30342]

Download as PDF 68092 Federal Register / Vol. 74, No. 244 / Tuesday, December 22, 2009 / Notices Decision (ROD) for their project on September, 9 2009. Issued on: December 16, 2009. Shawn E. Oliver, State Programs Team Leader, South, Federal Highway Administration, Sacramento, California. [FR Doc. E9–30353 Filed 12–21–09; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE–2009–58] Petition for Exemption; Summary of Petition Received srobinson on DSKHWCL6B1PROD with NOTICES AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of petition for exemption received. SUMMARY: This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public’s awareness of, and participation in, this aspect of FAA’s regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition. DATES: Comments on this petition must identify the petition docket number involved and must be received on or before January 11, 2010. ADDRESSES: You may send comments identified by Docket Number FAA– 2009–0382 using any of the following methods: • Government-wide rulemaking Web site: Go to https://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Send comments to the Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590. • Fax: Fax comments to the Docket Management Facility at 202–493–2251. • Hand Delivery: Bring comments to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy: We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. Using the search function of our docket Web site, anyone can find and read the VerDate Nov<24>2008 18:01 Dec 21, 2009 Jkt 220001 comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). Docket: To read background documents or comments received, go to https://www.regulations.gov at any time or to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Anna Bruse, 202–267–9655, or Tyneka L. Thomas, 202–267–7626, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC on December 16, 2009. Pamela Hamilton-Powell, Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2009–0382. Petitioner: Historical Flight Foundation, Inc. Section of 14 CFR Affected: §§ 91.146, 91.147, 119.5(g), 119.23(a), and 125.1. Description of Relief Sought: Historical Flight Foundation, Inc. seeks an exemption from 14 CFR 91.146, 91.147, 119.5(g), 119.23(a), and 125.1 to operate the Douglas Aircraft Co. DC–7B for the purpose of carrying passengers on local educational flights for compensation or hire. [FR Doc. E9–30332 Filed 12–21–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket ID. FMCSA–2009–0294] 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 24 individuals for exemptions from the prohibition against persons with insulin-treated diabetes PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 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 January 21, 2010. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2009–0294 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. • 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://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical E:\FR\FM\22DEN1.SGM 22DEN1 Federal Register / Vol. 74, No. 244 / Tuesday, December 22, 2009 / Notices 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 Indiana. 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: Patrick J. Bukolt 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 statute also allows the Agency to renew exemptions at the end of the 2-year period. The 24 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 CMV 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 srobinson on DSKHWCL6B1PROD with NOTICES Daniel W. Boldra Mr. Boldra, age 53, 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. Boldra 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 Commercial Driver’s License (CDL) from Montana. Simon P. Bollin Mr. Bollin, 32, has had ITDM since 1984. 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. Bollin meets the requirements of the vision standard at VerDate Nov<24>2008 18:01 Dec 21, 2009 Jkt 220001 Mr. Bukolt, 57, has had ITDM since 1990. 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. Bukolt 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 York. Leonel L. Cantu, Jr. Mr. Cantu, 44, 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. Cantu 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 Texas. William J. Cobb, Jr. Mr. Cobb, 32, 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. Cobb 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. PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 68093 Wallace E. Conover Mr. Conover, 58, 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. Conover 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 New Jersey. Daniel C. Druffel Mr. Druffel, 46, has had ITDM since 1968. 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. Druffel 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 proliferative and nonproliferative diabetic retinopathy. He holds an operator’s license from Washington. Gregory J. Godley Mr. Godley, 54, 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. Godley 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 CDL from Washington. Troy A. Gortmaker Mr. Gortmaker, 45, has had ITDM since 2008. His endocrinologist examined him in 2009 and certified that he has had no hypoglycemic reactions E:\FR\FM\22DEN1.SGM 22DEN1 68094 Federal Register / Vol. 74, No. 244 / Tuesday, December 22, 2009 / Notices 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. Gortmaker 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 South Dakota. Charles M. Griswold Mr. Griswold, 60, 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. Griswold 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. srobinson on DSKHWCL6B1PROD with NOTICES Kenneth M. Ham Mr. Ham, 36, 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. Ham 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 D operator’s license from New York. Justin R. Henneinke Mr. Henneinke, 30, has had ITDM since 1986. 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; VerDate Nov<24>2008 18:01 Dec 21, 2009 Jkt 220001 and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Henneinke 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 C operator’s license from California. William R. Huntley Mr. Huntley, 51, 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. Huntley 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 Michigan. Ricky G. Kile Mr. Kile, 50, has had ITDM since 2003. 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. Kile 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 Missouri. Joseph I. Kulp, Sr. Mr. Kulp, 73, 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. Kulp 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. PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 He holds a Class A CDL from Pennsylvania. Eric D. Larson Mr. Larson, 26, has had ITDM since 2000. 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. Larson 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 Minnesota. Kevin R. Mooney Mr. Mooney, 43, 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. Mooney 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 Washington. Daniel D. Neale Mr. Neale, 33, has had ITDM since 1978. 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. Neale 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 C operator’s license from California. Richard D. Preisser Mr. Preisser, 52, has had ITDM since 1975. His endocrinologist examined him E:\FR\FM\22DEN1.SGM 22DEN1 Federal Register / Vol. 74, No. 244 / Tuesday, December 22, 2009 / Notices 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. Preisser 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 C operator’s license from California. Brian A. Schlieckau Mr. Schlieckau, 45, 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. Schlieckau 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 Wisconsin. srobinson on DSKHWCL6B1PROD with NOTICES Richard L. Sulzberger Mr. Sulzberger, 59, 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. Sulzberger 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 Illinois. Clayton F. Tapscott Mr. Tapscott, 40, 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 VerDate Nov<24>2008 18:01 Dec 21, 2009 Jkt 220001 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. Tapscott 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 C operator’s license from Texas. Dirk VanStralen Mr. VanStralen, 64, has had ITDM since 2002. 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. VanStralen 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 California. Henry L. Waskow Mr. Waskow, 64, has had ITDM since 2001. 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. Waskow 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 Texas. 68095 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). 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 USC. 31136 (e). Section 4129(d) also directed FMCSA to ensure that drivers of CMVs with ITDM are not held to a higher standard than other drivers, with the exception of limited operating, monitoring and medical requirements that are deemed medically necessary. 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: December 15, 2009. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E9–30342 Filed 12–21–09; 8:45 am] BILLING CODE P Request for Comments DEPARTMENT OF TRANSPORTATION 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 Federal Motor Carrier Safety Administration PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. 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. E:\FR\FM\22DEN1.SGM 22DEN1

Agencies

[Federal Register Volume 74, Number 244 (Tuesday, December 22, 2009)]
[Notices]
[Pages 68092-68095]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30342]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID. FMCSA-2009-0294]


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 24 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 January 21, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2009-0294 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.
     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://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical

[[Page 68093]]

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 statute also allows the 
Agency to renew exemptions at the end of the 2-year period. The 24 
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 CMV 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

Daniel W. Boldra

    Mr. Boldra, age 53, 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. Boldra 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 Commercial Driver's License 
(CDL) from Montana.

Simon P. Bollin

    Mr. Bollin, 32, has had ITDM since 1984. 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. Bollin 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 
Indiana.

Patrick J. Bukolt

    Mr. Bukolt, 57, has had ITDM since 1990. 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. Bukolt 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 York.

Leonel L. Cantu, Jr.

    Mr. Cantu, 44, 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. Cantu 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 Texas.

William J. Cobb, Jr.

    Mr. Cobb, 32, 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. Cobb 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.

Wallace E. Conover

    Mr. Conover, 58, 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. Conover 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 New Jersey.

Daniel C. Druffel

    Mr. Druffel, 46, has had ITDM since 1968. 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. Druffel 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 
proliferative and nonproliferative diabetic retinopathy. He holds an 
operator's license from Washington.

Gregory J. Godley

    Mr. Godley, 54, 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. Godley 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 CDL from Washington.

Troy A. Gortmaker

    Mr. Gortmaker, 45, has had ITDM since 2008. His endocrinologist 
examined him in 2009 and certified that he has had no hypoglycemic 
reactions

[[Page 68094]]

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. Gortmaker 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 South Dakota.

Charles M. Griswold

    Mr. Griswold, 60, 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. Griswold 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.

Kenneth M. Ham

    Mr. Ham, 36, 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. Ham 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 D operator's license from New York.

Justin R. Henneinke

    Mr. Henneinke, 30, has had ITDM since 1986. 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. Henneinke 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 C operator's 
license from California.

William R. Huntley

    Mr. Huntley, 51, 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. Huntley 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 Michigan.

Ricky G. Kile

    Mr. Kile, 50, has had ITDM since 2003. 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. Kile 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 Missouri.

Joseph I. Kulp, Sr.

    Mr. Kulp, 73, 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. Kulp 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 Pennsylvania.

Eric D. Larson

    Mr. Larson, 26, has had ITDM since 2000. 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. Larson 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 Minnesota.

Kevin R. Mooney

    Mr. Mooney, 43, 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. Mooney 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 Washington.

Daniel D. Neale

    Mr. Neale, 33, has had ITDM since 1978. 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. Neale 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 C operator's 
license from California.

Richard D. Preisser

    Mr. Preisser, 52, has had ITDM since 1975. His endocrinologist 
examined him

[[Page 68095]]

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. Preisser 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 C operator's license from California.

Brian A. Schlieckau

    Mr. Schlieckau, 45, 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. Schlieckau 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 Wisconsin.

Richard L. Sulzberger

    Mr. Sulzberger, 59, 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. Sulzberger 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 Illinois.

Clayton F. Tapscott

    Mr. Tapscott, 40, 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. Tapscott 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 C operator's license from 
Texas.

Dirk VanStralen

    Mr. VanStralen, 64, has had ITDM since 2002. 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. VanStralen 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 California.

Henry L. Waskow

    Mr. Waskow, 64, has had ITDM since 2001. 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. Waskow 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 Texas.

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).
---------------------------------------------------------------------------

    \1\ Section 4129(a) refers to the 2003 Notice as a ``final 
rule.'' However, the 2003 Notice did not issue a ``final rule'' but 
did establish the procedures and standards for issuing exemptions 
for drivers with ITDM.
---------------------------------------------------------------------------

    Section 4129 requires: (1) 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 USC. 31136 (e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs 
with ITDM are not held to a higher standard than other drivers, with 
the exception of limited operating, monitoring and medical requirements 
that are deemed medically necessary.
    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: December 15, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-30342 Filed 12-21-09; 8:45 am]
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