Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 25769-25773 [2011-11012]
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Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Notices
operation. I do believe that he is able to
operate a commercial vehicle safely
without glasses, for his uncorrected
vision is 20/25 when using both eyes.
Mr. Prunty reported that he has driven
straight trucks for 4 years, accumulating
96,000 miles. He holds a Class D
operator’s license from West Virginia.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
Wendell S. Sehen
Mr. Sehen, 46, has a prosthetic right
eye due to trauma that occurred at the
age of 4. The best corrected visual acuity
in his left eye is 20/20. Following an
examination in 2011, his optometrist
noted, ‘‘In my medical opinion, Wendell
Sehen has sufficient vision to perform
the driving tasks to operate a
commercial vehicle.’’ Mr. Sehen
reported that he has driven tractortrailer combinations for 16 years,
accumulating 560,000 miles. He holds a
Class A CDL from Ohio. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
jlentini on DSKJ8SOYB1PROD with NOTICES
Gary E. Valentine
Mr. Valentine, 60, has a prosthetic left
eye due to an eye injury that occurred
in 2007. The visual acuity in his right
eye is 20/20 and in his left eye, no light
perception. Following an examination
in 2011, his optometrist noted, ‘‘From
these results, I believe Mr. Valentine
does have sufficient visual acuity, visual
field, and color discrimination to safely
operate a commercial vehicle.’’ Mr.
Valentine reported that he has driven
straight trucks for 40 years,
accumulating 3.7 million miles and
tractor-trailer combinations for 34 years,
accumulating 3.5 million miles. He
holds a Class A CDL from Ohio. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Charles Van Dyke
Mr. Van Dyke, 64, has had amblyopia
in his right eye since childhood. The
best corrected visual acuity in his right
eye is 20/100 and in his left eye, 20/20.
Following an examination in 2011, his
optometrist noted, ‘‘It is my medical
opinion that Charles has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Van Dyke reported that he
has driven straight trucks for 42 years,
accumulating 2 million miles and
tractor-trailer combinations for 2 years,
accumulating 160,000 miles. He holds a
Class A CDL from Wisconsin. His
driving record for the last 3 years shows
no crashes but one conviction for
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speeding in a CMV. He exceeded the
speed limit by 13 mph.
Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315, FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. The Agency will consider all
comments received before the close of
business June 6, 2011. Comments will
be available for examination in the
docket at the location listed under the
ADDRESSES section of this notice. The
Agency will file comments received
after the comment closing date in the
public docket, and will consider them to
the extent practicable. In addition to late
comments, FMCSA will also continue to
file, in the public docket, relevant
information that becomes available after
the comment closing date. Interested
persons should monitor the public
docket for new material.
Issued on: April 22, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011–11014 Filed 5–4–11; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2011–0103]
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 24 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 June 6, 2011.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2011–0103 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
DATES:
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25769
• 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 https://
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 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
Federal Docket Management System
(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 DOT’s Privacy Act
Statement for the FDMS published in
the Federal Register on January 17,
2008 (73 FR 3316), or you may visit
https://edocket.access.gpo.gov/2008/pdf/
E8-785.pdf.
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
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Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Notices
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 24 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
Alfonso L. Abeyta
Mr. Abeyta, age 57, has had ITDM
since 2006. His endocrinologist
examined him in 2010 and certified that
he has had no severe hypoglycemic
reactions resulting in loss of
consciousness, requiring the assistance
of another person, or resulting in
impaired cognitive function that
occurred without warning in the past 12
months and no recurrent (2 or more)
severe hypoglycemic episodes in the
last 5 years. His endocrinologist certifies
that Mr. Abeyta understands diabetes
management and monitoring, has stable
control of his diabetes using insulin,
and is able to drive a CMV safely. Mr.
Abeyta 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
Texas.
jlentini on DSKJ8SOYB1PROD with NOTICES
Perfecto Aquino
Mr. Aquino, 50, has had ITDM since
2008. His endocrinologist examined him
in 2010 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Aquino understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Aquino 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 A CDL from Illinois.
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James C. Ayotte
Mr. Ayotte, 50, has had ITDM since
1977. His endocrinologist examined him
in 2010 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Ayotte understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Ayotte meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2011 and certified that
he does not have diabetic retinopathy.
He holds a Class D operator’s license
from South Carolina.
not have diabetic retinopathy. He holds
a Class A CDL from Ohio.
John C. Beason
Gregory E. Bichsel, II
Mr. Bichsel, 42, has had ITDM since
2010. His endocrinologist examined him
in 2011 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Bichsel understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Bichsel meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2011 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from Montana.
Mr. Beason, 62, has had ITDM since
2010. His endocrinologist examined him
in 2010 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Beason understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Beason 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 A CDL from Tennessee.
Raymond D. Dubose
Mr. Dubose, 53, has had ITDM since
2010. His endocrinologist examined him
in 2011 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Dubose understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Dubose meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2011 and certified that
he does not have diabetic retinopathy.
He holds a Class B CDL from Georgia.
Charles A. Best
Adam Errickson
Mr. Errickson, 21, has had ITDM since
1998. His endocrinologist examined him
in 2011 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Errickson understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Errickson meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2011 and certified that
Mr. Best, 27, has had ITDM since
2010. His endocrinologist examined him
in 2010 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Best understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Best 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
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he does not have diabetic retinopathy.
He holds a Class D operator’s license
from New Jersey.
Jon M. Greiner
Mr. Greiner, 58, has had ITDM since
2003. His endocrinologist examined him
in 2011 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Greiner understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Greiner meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2011
and certified that he does not have
diabetic retinopathy. He holds a Class D
operator’s license from Minnesota.
jlentini on DSKJ8SOYB1PROD with NOTICES
Gregory M. Hoyt
Mr. Hoyt, 38, has had ITDM since
2003. His endocrinologist examined him
in 2011 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Hoyt understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Hoyt 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 D operator’s license
from Vermont.
Robert E. Jackson
Mr. Jackson, 44, has had ITDM since
2002. His endocrinologist examined him
in 2010 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Jackson understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Jackson meets the
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Jkt 223001
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 C
operator’s license from North Carolina.
Kimm D. Jacobson
Mr. Jacobson, 56, has had ITDM since
2006. His endocrinologist examined him
in 2010 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Jacobson understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Jacobson 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
Minnesota.
Daryl D. Jibben
Mr. Jibben, 54, has had ITDM since
2000. His endocrinologist examined him
in 2011 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Jibben understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Jibben meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2011 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from
Minnesota.
Jimmy G. Lee, Jr.
Mr. Lee, 29, has had ITDM since 2009.
His endocrinologist examined him in
2010 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Lee understands
diabetes management and monitoring,
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25771
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Lee 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 North Carolina.
Daniel S. May
Mr. May, 22, has had ITDM since
2010. His endocrinologist examined him
in 2011 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. May understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. May meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined
him in 2011 and certified that he does
not have diabetic retinopathy. He holds
a Class A CDL from Iowa.
Gerald D. McElya
Mr. McElya, 51, has had ITDM since
2010. His endocrinologist examined him
in 2011 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. McElya understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. McElya 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 Texas.
Michael L. Moore
Mr. Moore, 45, has had ITDM since
2010. His endocrinologist examined him
in 2011 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Moore understands
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diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Moore meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2011
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from California.
Stacey W. Nelson
Mr. Nelson, 34, has had ITDM since
2007. His endocrinologist examined him
in 2011 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Nelson understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Nelson meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2011
and certified that he has stable
proliferative and nonproliferative
diabetic retinopathy in both eyes. He
holds a Class A CDL from Nebraska.
jlentini on DSKJ8SOYB1PROD with NOTICES
Ervin W. Ponto
Mr. Ponto, 61, has had ITDM since
2008. His endocrinologist examined him
in 2010 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Ponto understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Ponto 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 Minnesota.
Donald B. Ramaley
Mr. Ramaley, 69, has had ITDM since
2009. His endocrinologist examined him
in 2011 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
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Jkt 223001
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Ramaley understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Ramaley meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2011
and certified that he does not have
diabetic retinopathy. He holds a Class B
CDL from Pennsylvania.
Bart H. Rideout
Mr. Rideout, 51, has had ITDM since
2010. His endocrinologist examined him
in 2010 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Rideout understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Rideout 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
Connecticut.
Floyd M. Tyler
Mr. Tyler, 72, has had ITDM since
2010. His endocrinologist examined him
in 2011 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Tyler understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Tyler 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 A CDL
from Pennsylvania.
Richard G. Wunderlich
Mr. Wunderlich, 61, has had ITDM
since 2009. His endocrinologist
examined him in 2010 and certified that
he has had no severe hypoglycemic
reactions resulting in loss of
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Sfmt 4703
consciousness, requiring the assistance
of another person, or resulting in
impaired cognitive function that
occurred without warning in the past 12
months and no recurrent (2 or more)
severe hypoglycemic episodes in the
last 5 years. His endocrinologist certifies
that Mr. Wunderlich understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Wunderlich meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2011 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from
Minnesota.
Mathew E. Yeates
Mr. Yeates, 32, has had ITDM since
2008. His endocrinologist examined him
in 2010 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Yeates understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Yeates 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 Utah.
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
1 Section 4129(a) refers to the 2003 notice as a
‘‘final rule.’’ However, the 2003 notice did not issue
a ‘‘final rule’’ but did establish the procedures and
standards for issuing exemptions for drivers with
ITDM.
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Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Notices
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.
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.
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: April 21, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011–11012 Filed 5–4–11; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Notice of Limitation on Claims Against
Proposed Public Transportation
Project
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of Limitation on Claims.
AGENCY:
This notice announces final
environmental actions taken by the
Federal Transit Administration (FTA)
for the following project: Central
Corridor Light Rail Transit Project,
Metropolitan Council, Minneapolis,
MN. The purpose of this notice is to
announce publicly the environmental
decisions by FTA on the subject project
and to activate the limitation on any
jlentini on DSKJ8SOYB1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:22 May 04, 2011
Jkt 223001
claims that may challenge these final
environmental actions.
DATES: By this notice, FTA is advising
the public of final agency actions
subject to Section 139(l) of Title 23,
United States Code (U.S.C.). A claim
seeking judicial review of the FTA
actions announced herein for the listed
public transportation project will be
barred unless the claim is filed on or
before November 1, 2011.
FOR FURTHER INFORMATION CONTACT:
Katie Grasty, Environmental Protection
Specialist, Office of Planning and
Environment, 202–366–9139, or
Christopher Van Wyk, AttorneyAdvisor, Office of Chief Counsel, 202–
366–1733. FTA is located at 1200 New
Jersey Avenue SE., Washington, DC
20590. Office hours are from 9 a.m. to
5:30 p.m., EST, Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that FTA has taken final
agency actions by issuing certain
approvals for the public transportation
project listed below. The actions on this
project, as well as the laws under which
such actions were taken, are described
in the documentation issued in
connection with the project to comply
with the National Environmental Policy
Act (NEPA) and in other documents in
the FTA administrative record for the
project. Interested parties may contact
either the project sponsor or the relevant
FTA Regional Office for more
information on the project. Contact
information for FTA’s Regional Offices
may be found at https://www.fta.dot.gov.
This notice applies to all FTA
decisions on the listed project as of the
issuance date of this notice and all laws
under which such actions were taken,
including, but not limited to, NEPA [42
U.S.C. 4321–4375], Section 4(f) of the
Department of Transportation Act of
1966 [49 U.S.C. 303], Section 106 of the
National Historic Preservation Act [16
U.S.C. 470f], and the Clean Air Act [42
U.S.C. 7401–7671q]. This notice does
not, however, alter or extend the
limitation period of 180 days for
challenges of project decisions subject
to previous notices published in the
Federal Register. The project and
actions that are the subject of this notice
are:
Project name and location: Central
Corridor Light Rail Transit Project, City
of Minneapolis, MN (Hennepin County)
and City of St. Paul, MN (Ramsey
County). Project sponsor: Metropolitan
Council. Project description: The
Central Corridor Light Rail Transit
(LRT) Project (Project) is 10.9 miles long
(9.7 miles of new alignment, 1.2 miles
on shared alignment) and consists of 23
PO 00000
Frm 00111
Fmt 4703
Sfmt 9990
25773
Central Corridor LRT stations—18 new
stations and five shared with the
Hiawatha LRT. The Central Corridor
Light Rail Transit Project Final
Environmental Impact Statement (FEIS)
and Section 4(f) Evaluation was
published in June 2009. A Record of
Decision (ROD) was issued by the
Federal Transit Administration (FTA) in
August 2009.
Following the June 2009 FEIS and the
August 2009 ROD, a lawsuit was filed
against the U.S Department of
Transportation (USDOT), the FTA and
the Metropolitan Council by a coalition
of local businesses, residents and nonprofit organizations. One of the four
claims made in the lawsuit was that the
environmental review of the Project
violated NEPA by failing to adequately
analyze potential loss of business
revenues caused during construction of
the Project. The Court held that the FEIS
prepared in June 2009, had failed to
evaluate potential impacts on the loss of
business revenue during construction
and that it should have been evaluated
during the NEPA process. The Court
ordered the FTA and Metropolitan
Council to supplement the FEIS on this
issue and to consider any loss of
business revenues as an adverse impact
of the construction of the Central
Corridor LRT. The results of this
analysis, as required by the January 26,
2011, Court order, are documented in
the Construction-Related Potential
Impacts on Business Revenues
Supplemental Environmental
Assessment (EA) issued April 20, 2011.
This notice applies to only the Finding
of No Significant Impact issued on April
20, 2011. This notice does not alter or
extend the prior Limitation on Claims
notice issued for the Record of Decision
issued for the Project in August 2009.
Final agency actions: Finding of No
Significant Impact issued April 20,
2011.
Supporting documentation: Final
Environmental Impact Statement dated
June 2009 and ROD dated August 18,
2009.
Issued on: April 29, 2011.
Elizabeth S. Riklin,
Deputy Associate Administrator for Planning
and Environment.
[FR Doc. 2011–10911 Filed 5–4–11; 8:45 am]
BILLING CODE P
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Agencies
[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Notices]
[Pages 25769-25773]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11012]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2011-0103]
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 24 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 June 6, 2011.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2011-0103 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.
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 https://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 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 Federal Docket Management System (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 DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
https://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.
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
[[Page 25770]]
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 24 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
Alfonso L. Abeyta
Mr. Abeyta, age 57, has had ITDM since 2006. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Abeyta understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Abeyta 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 Texas.
Perfecto Aquino
Mr. Aquino, 50, has had ITDM since 2008. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Aquino understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Aquino 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 A CDL from
Illinois.
James C. Ayotte
Mr. Ayotte, 50, has had ITDM since 1977. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Ayotte understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Ayotte meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2011 and certified that he does not have
diabetic retinopathy. He holds a Class D operator's license from South
Carolina.
John C. Beason
Mr. Beason, 62, has had ITDM since 2010. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Beason understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Beason 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 A CDL from
Tennessee.
Charles A. Best
Mr. Best, 27, has had ITDM since 2010. His endocrinologist examined
him in 2010 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Best understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Best 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 Ohio.
Gregory E. Bichsel, II
Mr. Bichsel, 42, has had ITDM since 2010. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Bichsel understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bichsel meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2011 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Montana.
Raymond D. Dubose
Mr. Dubose, 53, has had ITDM since 2010. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Dubose understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Dubose meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2011 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Georgia.
Adam Errickson
Mr. Errickson, 21, has had ITDM since 1998. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Errickson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Errickson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2011 and certified that
[[Page 25771]]
he does not have diabetic retinopathy. He holds a Class D operator's
license from New Jersey.
Jon M. Greiner
Mr. Greiner, 58, has had ITDM since 2003. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Greiner understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Greiner meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2011 and certified that he does not
have diabetic retinopathy. He holds a Class D operator's license from
Minnesota.
Gregory M. Hoyt
Mr. Hoyt, 38, has had ITDM since 2003. His endocrinologist examined
him in 2011 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Hoyt understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Hoyt 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 D operator's license from Vermont.
Robert E. Jackson
Mr. Jackson, 44, has had ITDM since 2002. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Jackson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Jackson 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 C operator's license from
North Carolina.
Kimm D. Jacobson
Mr. Jacobson, 56, has had ITDM since 2006. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Jacobson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Jacobson 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 Minnesota.
Daryl D. Jibben
Mr. Jibben, 54, has had ITDM since 2000. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Jibben understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Jibben meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2011 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Minnesota.
Jimmy G. Lee, Jr.
Mr. Lee, 29, has had ITDM since 2009. His endocrinologist examined
him in 2010 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Lee understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Lee 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 North Carolina.
Daniel S. May
Mr. May, 22, has had ITDM since 2010. His endocrinologist examined
him in 2011 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. May understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. May meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2011 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Iowa.
Gerald D. McElya
Mr. McElya, 51, has had ITDM since 2010. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. McElya understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. McElya 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 Texas.
Michael L. Moore
Mr. Moore, 45, has had ITDM since 2010. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Moore understands
[[Page 25772]]
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Moore meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2011 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from California.
Stacey W. Nelson
Mr. Nelson, 34, has had ITDM since 2007. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Nelson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Nelson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2011 and certified that he has stable
proliferative and nonproliferative diabetic retinopathy in both eyes.
He holds a Class A CDL from Nebraska.
Ervin W. Ponto
Mr. Ponto, 61, has had ITDM since 2008. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Ponto understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Ponto 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 Minnesota.
Donald B. Ramaley
Mr. Ramaley, 69, has had ITDM since 2009. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Ramaley understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Ramaley meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2011 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from Pennsylvania.
Bart H. Rideout
Mr. Rideout, 51, has had ITDM since 2010. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Rideout understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Rideout 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 Connecticut.
Floyd M. Tyler
Mr. Tyler, 72, has had ITDM since 2010. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Tyler understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Tyler 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 A CDL from
Pennsylvania.
Richard G. Wunderlich
Mr. Wunderlich, 61, has had ITDM since 2009. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Wunderlich understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Wunderlich meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2011 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Minnesota.
Mathew E. Yeates
Mr. Yeates, 32, has had ITDM since 2008. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Yeates understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Yeates 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 Utah.
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
[[Page 25773]]
4018 of the Transportation Equity Act for the 21st Century (49 U.S.C.
31305).
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\1\ Section 4129(a) refers to the 2003 notice as a ``final
rule.'' However, the 2003 notice did not issue a ``final rule'' but
did establish the procedures and standards for issuing exemptions
for drivers with ITDM.
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Section 4129 requires: (1) 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.
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.
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: April 21, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-11012 Filed 5-4-11; 8:45 am]
BILLING CODE 4910-EX-P