Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 42477-42480 [2010-17745]

Download as PDF Federal Register / Vol. 75, No. 139 / Wednesday, July 21, 2010 / Notices considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.–5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility’s Web site at http:// www.regulations.gov. Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Page 19477) or at http:// www.dot.gov/privacy.html. Issued in Washington, DC, on July 14, 2010. Robert C. Lauby, Deputy Associate Administrator for Regulatory and Legislative Operations. [FR Doc. 2010–17741 Filed 7–20–10; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2010–0188] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA). ACTION: Notice of applications for exemption from the diabetes mellitus standard; request for comments. AGENCY: FMCSA announces receipt of applications from 21 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce. SUMMARY: Comments must be received on or before August 20, 2010. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2010–0188 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the erowe on DSKG8SOYB1PROD with NOTICES DATES: VerDate Mar<15>2010 15:19 Jul 20, 2010 Jkt 220001 on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and the docket numbers for this Notice. Note that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 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 http://www.regulations.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 from the Federal Motor Carrier Safety PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 42477 Regulations for a 2-year period if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.’’ The statute also allows the Agency to renew exemptions at the end of the 2-year period. The 21 individuals listed in this Notice have recently requested such an exemption from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers of CMVs in interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by the statutes. Qualifications of Applicants Tommy S. Boden Mr. Boden, age 54, has had ITDM since 1989. His endocrinologist examined him in 2010 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; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Boden meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2010 and certified that he does not have diabetic retinopathy. He holds a Class A Commercial Driver’s License (CDL) from Idaho. Travis D. Bjerk Mr. Bjerk, 21, has had ITDM since 1997. His endocrinologist examined him in 2010 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; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Bjerk meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2010 and certified that he does not have diabetic retinopathy. He holds a Class D operator’s license from North Dakota. Scott L. Colson Mr. Colson, 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 E:\FR\FM\21JYN1.SGM 21JYN1 42478 Federal Register / Vol. 75, No. 139 / Wednesday, July 21, 2010 / Notices that occurred without warning in the past 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Colson 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. Dustin G. Cook Mr. Cook, 21, has had ITDM since 2001. His endocrinologist examined him in 2010 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; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Cook meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2010 and certified that he does not have diabetic retinopathy. He holds a CDL from Ohio. erowe on DSKG8SOYB1PROD with NOTICES Nathan J. Enloe Mr. Enloe, 53, has had ITDM since 1976. His endocrinologist examined him in 2010 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; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Enloe meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2010 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Missouri. Stephen J. Faxon Mr. Faxon, 58, has had ITDM since 1981. His endocrinologist examined him in 2010 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; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Faxon meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2010 and certified that he has stable VerDate Mar<15>2010 15:19 Jul 20, 2010 Jkt 220001 nonproliferative diabetic retinopathy. He holds a Class B CDL from New Hampshire. Joseph B. Hall Mr. Hall, 34, 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; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Hall meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2010 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Georgia. Mark H. Horne Mr. Horne, 56, has had ITDM since 2006. His endocrinologist examined him in 2010 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; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Horne meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2010 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from New Hampshire. Michael J. Hurst Mr. Hurst, 43, has had ITDM since 1989. His endocrinologist examined him in 2010 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; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Hurst meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2010 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class C chauffeur’s license from Michigan. Chad W. Lawyer Mr. Lawyer, 32, has had ITDM since 2009. His endocrinologist examined him in 2010 and certified that he has had no PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 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; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Lawyer meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2010 and certified that he does not have retinopathy. He holds a Class A CDL from Indiana. John R. Little Mr. Little, 60, has had ITDM since 2000. His endocrinologist examined him in 2010 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; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Little meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2010 and certified that he does not have retinopathy. He holds a Class D operator’s license from Oklahoma. Roy L. McKinney Mr. McKinney, 56, has had ITDM since 2009. His endocrinologist examined him in 2010 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; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. McKinney meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2010 and certified that he does not have retinopathy. He holds a Class A CDL from Pennsylvania. Thomas A. Mentley Mr. Mentley, 66, has had ITDM since 2009. His endocrinologist examined him in 2010 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; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. E:\FR\FM\21JYN1.SGM 21JYN1 Federal Register / Vol. 75, No. 139 / Wednesday, July 21, 2010 / Notices Mentley meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2010 and certified that he does not have retinopathy. He holds a Class A CDL from New York. David W. Rogers Mr. Rogers, 57, has had ITDM since 2009. His endocrinologist examined him in 2010 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; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Rogers meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2010 and certified that he does not have retinopathy. He holds a Class A CDL from Maryland. Joseph J. Schwartz Mr. Schwartz, 53, has had ITDM since 2010. His endocrinologist examined him in 2010 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; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Schwartz meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2010 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Montana. erowe on DSKG8SOYB1PROD with NOTICES Justin P. Sibigtroth Mr. Sibigtroth, 26, has had ITDM since 1984. His endocrinologist examined him in 2010 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; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Sibigtroth meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2010 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Illinois. VerDate Mar<15>2010 15:19 Jul 20, 2010 Jkt 220001 Duane A. Wages Mr. Wages, 54, has had ITDM since 2001. His endocrinologist examined him in 2010 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; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Wages meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2010 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from North Dakota. Roosevelt Whitehead Mr. Whitehead, 71, has had ITDM since 2004. 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; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Whitehead 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 Georgia. Michael J. Williams Mr. Williams, 46, has had ITDM since 2008. His endocrinologist examined him in 2010 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; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Williams meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2010 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from New York. Edward L. Winget, Sr. Mr. Winget, 48, has had ITDM since 2009. His endocrinologist examined him in 2010 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 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 42479 past 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Winget meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2010 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Mississippi. Leonard M. Ziegler Mr. Ziegler, 65, has had ITDM since 2008. His endocrinologist examined him in 2010 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; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Ziegler meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2010 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from New York. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this Notice. We will consider all comments received before the close of business on the closing date indicated in the date section of the Notice. FMCSA notes that section 4129 of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users requires the Secretary to revise its diabetes exemption program established on September 3, 2003 (68 FR 52441).1 The revision must provide for individual assessment of drivers with diabetes mellitus, and be consistent with the criteria described in section 4018 of the Transportation Equity Act for the 21st Century (49 U.S.C. 31305). Section 4129 requires: (1) Elimination of the requirement for 3 years of experience operating CMVs while being treated with insulin; and (2) establishment of a specified minimum period of insulin use to demonstrate stable control of diabetes before being allowed to operate a CMV. In response to section 4129, FMCSA made immediate revisions to the diabetes exemption program established by the September 3, 2003 Notice. 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\21JYN1.SGM 21JYN1 42480 Federal Register / Vol. 75, No. 139 / Wednesday, July 21, 2010 / Notices 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. The FMCSA concluded that all of the operating, monitoring and medical requirements set out in the September 3, 2003 Notice, except as modified, were in compliance with section 4129(d). Therefore, all of the requirements set out in the September 3, 2003 Notice, except as modified by the Notice in the Federal Register on November 8, 2005 (70 FR 67777), remain in effect. Issued on: July 13, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. 2010–17745 Filed 7–20–10; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2010 0069] Maritime Administration, DOT. Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel DIAMOND GIRL. AGENCY: ACTION: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD–2010– 0069 at http://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse erowe on DSKG8SOYB1PROD with NOTICES VerDate Mar<15>2010 15:19 Jul 20, 2010 Jkt 220001 By order of the Maritime Administrator. Murray Bloom, Acting Secretary, Maritime Administration. DATES: Submit comments on or before August 20, 2010. Requested Administrative Waiver of the Coastwise Trade Laws Comments should refer to docket number MARAD–2010–0069. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. You may also send comments electronically via the Internet at http:// www.regulations.govhttp:// smses.dot.gov/submit/. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at http://www.regulations.gov. AGENCY: ADDRESSES: FOR FURTHER INFORMATION CONTACT: Requested Administrative Waiver of the Coastwise Trade Laws SUMMARY: effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR part 388. Joann Spittle, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue, SE., Room W21–203, Washington, DC 20590. Telephone 202– 366–5979. As described by the applicant the intended service of the vessel DIAMOND GIRL is: Intended Commercial Use Of Vessel: ‘‘Local Pleasure Charters.’’ Geographic Region: ‘‘Primarily California Coast, possible Oregon and Washington.’’ SUPPLEMENTARY INFORMATION: Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). PO 00000 Date: July 15, 2010. Frm 00107 Fmt 4703 Sfmt 4703 [FR Doc. 2010–17740 Filed 7–20–10; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2010 0067] Maritime Administration, DOT. Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel THIRD SWAN. ACTION: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD–2010– 0067 at http://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR part 388. DATES: Submit comments on or before August 20, 2010. ADDRESSES: Comments should refer to docket number MARAD–2010–0067. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. You may also send comments electronically via the Internet at http:// SUMMARY: E:\FR\FM\21JYN1.SGM 21JYN1

Agencies

[Federal Register Volume 75, Number 139 (Wednesday, July 21, 2010)]
[Notices]
[Pages 42477-42480]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17745]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0188]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

ACTION: Notice of applications for exemption from the diabetes mellitus 
standard; request for comments.

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

SUMMARY: FMCSA announces receipt of applications from 21 individuals 
for exemption from the prohibition against persons with insulin-treated 
diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in 
interstate commerce. If granted, the exemptions would enable these 
individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before August 20, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2010-0188 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket numbers for this Notice. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue, SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The 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 http://www.regulations.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 
from the Federal Motor Carrier Safety Regulations for a 2-year period 
if it finds ``such exemption would likely achieve a level of safety 
that is equivalent to, or greater than, the level that would be 
achieved absent such exemption.'' The statute also allows the Agency to 
renew exemptions at the end of the 2-year period. The 21 individuals 
listed in this Notice have recently requested such an exemption from 
the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to 
drivers of CMVs in interstate commerce. Accordingly, the Agency will 
evaluate the qualifications of each applicant to determine whether 
granting the exemption will achieve the required level of safety 
mandated by the statutes.

Qualifications of Applicants

Tommy S. Boden

    Mr. Boden, age 54, has had ITDM since 1989. His endocrinologist 
examined him in 2010 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Boden meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2010 and certified that he does not have 
diabetic retinopathy. He holds a Class A Commercial Driver's License 
(CDL) from Idaho.

Travis D. Bjerk

    Mr. Bjerk, 21, has had ITDM since 1997. His endocrinologist 
examined him in 2010 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Bjerk meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2010 and certified that he does not have 
diabetic retinopathy. He holds a Class D operator's license from North 
Dakota.

Scott L. Colson

    Mr. Colson, 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

[[Page 42478]]

that occurred without warning in the past 5 years; understands diabetes 
management and monitoring; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Colson 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.

Dustin G. Cook

    Mr. Cook, 21, has had ITDM since 2001. His endocrinologist examined 
him in 2010 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; has stable control of his diabetes using insulin; and 
is able to drive a CMV safely. Mr. Cook meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined 
him in 2010 and certified that he does not have diabetic retinopathy. 
He holds a CDL from Ohio.

Nathan J. Enloe

    Mr. Enloe, 53, has had ITDM since 1976. His endocrinologist 
examined him in 2010 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Enloe meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2010 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Missouri.

Stephen J. Faxon

    Mr. Faxon, 58, has had ITDM since 1981. His endocrinologist 
examined him in 2010 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Faxon meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2010 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class B CDL from New 
Hampshire.

Joseph B. Hall

    Mr. Hall, 34, 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; has stable control of his diabetes using insulin; and 
is able to drive a CMV safely. Mr. Hall meets the requirements of the 
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him 
in 2010 and certified that he does not have diabetic retinopathy. He 
holds a Class A CDL from Georgia.

Mark H. Horne

    Mr. Horne, 56, has had ITDM since 2006. His endocrinologist 
examined him in 2010 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Horne meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2010 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from New Hampshire.

Michael J. Hurst

    Mr. Hurst, 43, has had ITDM since 1989. His endocrinologist 
examined him in 2010 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Hurst meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2010 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class C chauffeur's 
license from Michigan.

Chad W. Lawyer

    Mr. Lawyer, 32, has had ITDM since 2009. His endocrinologist 
examined him in 2010 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Lawyer meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2010 and certified that he does not have 
retinopathy. He holds a Class A CDL from Indiana.

John R. Little

    Mr. Little, 60, has had ITDM since 2000. His endocrinologist 
examined him in 2010 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Little meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2010 and certified that he does not 
have retinopathy. He holds a Class D operator's license from Oklahoma.

Roy L. McKinney

    Mr. McKinney, 56, has had ITDM since 2009. His endocrinologist 
examined him in 2010 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. McKinney meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2010 and certified that he does not have 
retinopathy. He holds a Class A CDL from Pennsylvania.

Thomas A. Mentley

    Mr. Mentley, 66, has had ITDM since 2009. His endocrinologist 
examined him in 2010 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr.

[[Page 42479]]

Mentley meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His optometrist examined him in 2010 and certified that 
he does not have retinopathy. He holds a Class A CDL from New York.

David W. Rogers

    Mr. Rogers, 57, has had ITDM since 2009. His endocrinologist 
examined him in 2010 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Rogers meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2010 and certified that he does not 
have retinopathy. He holds a Class A CDL from Maryland.

Joseph J. Schwartz

    Mr. Schwartz, 53, has had ITDM since 2010. His endocrinologist 
examined him in 2010 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Schwartz meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2010 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Montana.

Justin P. Sibigtroth

    Mr. Sibigtroth, 26, has had ITDM since 1984. His endocrinologist 
examined him in 2010 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Sibigtroth meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2010 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Illinois.

Duane A. Wages

    Mr. Wages, 54, has had ITDM since 2001. His endocrinologist 
examined him in 2010 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Wages meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2010 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from North Dakota.

Roosevelt Whitehead

    Mr. Whitehead, 71, has had ITDM since 2004. 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Whitehead 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 Georgia.

Michael J. Williams

    Mr. Williams, 46, has had ITDM since 2008. His endocrinologist 
examined him in 2010 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Williams meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2010 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from New York.

Edward L. Winget, Sr.

    Mr. Winget, 48, has had ITDM since 2009. His endocrinologist 
examined him in 2010 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Winget meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2010 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Mississippi.

Leonard M. Ziegler

    Mr. Ziegler, 65, has had ITDM since 2008. His endocrinologist 
examined him in 2010 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Ziegler meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2010 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from New York.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this Notice. We will consider all comments received before 
the close of business on the closing date indicated in the date section 
of the Notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible 
and Efficient Transportation Equity Act: A Legacy for Users requires 
the Secretary to revise its diabetes exemption program established on 
September 3, 2003 (68 FR 52441).\1\ The revision must provide for 
individual assessment of drivers with diabetes mellitus, and be 
consistent with the criteria described in section 4018 of the 
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
---------------------------------------------------------------------------

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

    Section 4129 requires: (1) Elimination of the requirement for 3 
years of experience operating CMVs while being treated with insulin; 
and (2) establishment of a specified minimum period of insulin use to 
demonstrate stable control of diabetes before being allowed to operate 
a CMV.
    In response to section 4129, FMCSA made immediate revisions to the 
diabetes exemption program established by the September 3, 2003 Notice.

[[Page 42480]]

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. The FMCSA concluded that all of 
the operating, monitoring and medical requirements set out in the 
September 3, 2003 Notice, except as modified, were in compliance with 
section 4129(d). Therefore, all of the requirements set out in the 
September 3, 2003 Notice, except as modified by the Notice in the 
Federal Register on November 8, 2005 (70 FR 67777), remain in effect.

    Issued on: July 13, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-17745 Filed 7-20-10; 8:45 am]
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