Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 33551-33554 [2012-13656]
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Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Notices
[FR Doc. C1–2012–12380 Filed 6–5–12; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0108]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA).
ACTION: Notice of applications for
exemption.
AGENCY:
FMCSA announces receipt of
applications from 23 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 July 6, 2012.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2012–0108 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
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DATES:
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17:24 Jun 05, 2012
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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:
Elaine M. Papp, Chief, Medical
Programs Division, (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 23 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
Larry J. Anderson
Mr. Anderson, age 60, has had ITDM
since 2011. His endocrinologist
examined him in 2012 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)
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Sfmt 4703
33551
severe hypoglycemic episodes in the
last 5 years. His endocrinologist certifies
that Mr. Anderson understands diabetes
management and monitoring, has stable
control of his diabetes using insulin,
and is able to drive a CMV safely. Mr.
Anderson meets the vision requirements
of 49 CFR 391.41(b)(10). His optometrist
examined him in 2012 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from
Minnesota.
Kevin J. Blue
Mr. Blue, 52, has had ITDM since
2007. His endocrinologist examined him
in 2012 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. Blue understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Blue meets the vision
requirements of 49 CFR 391.41(b)(10).
His optometrist examined him in 2012
and certified that he does not have
diabetic retinopathy. He holds a Class B
CDL from Illinois.
Wade D. Calvin
Mr. Calvin, 48, has had ITDM since
1993. His endocrinologist examined him
in 2012 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. Calvin understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Calvin meets the vision
requirements of 49 CFR 391.41(b)(10).
His ophthalmologist examined him in
2012 and certified that he has stable
nonproliferative diabetic retinopathy.
He holds an operator’s license from
Washington.
Carl A. Candelaria
Mr. Candelaria, 30, has had ITDM
since 1985. His endocrinologist
examined him in 2012 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
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Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Notices
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. Candelaria understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Candelaria meets the vision
requirements of 49 CFR 391.41(b)(10).
His optometrist examined him in 2012
and certified that he does not have
diabetic retinopathy. He holds a Class D
operator’s license from New Mexico.
Owen R. Dossett
Mr. Dossett, 43, has had ITDM since
2003. His endocrinologist examined him
in 2012 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. Dossett understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Dossett meets the vision
requirements of 49 CFR 391.41(b)(10).
His optometrist examined him in 2012
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Mississippi.
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David K. Dylak
Mr. Dylak, 49, has had ITDM since
1977. 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. Dylak understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Dylak meets the vision
requirements of 49 CFR 391.41(b)(10).
His optometrist examined him in 2012
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Illinois.
Jennifer A. Ferguson
Ms. Ferguson, 32, has had ITDM since
2011. Her endocrinologist examined her
in 2011 and certified that she has had
no severe hypoglycemic reactions
resulting in loss of consciousness,
requiring the assistance of another
person, or resulting in impaired
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17:24 Jun 05, 2012
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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. Her endocrinologist certifies that
Ms. Ferguson understands diabetes
management and monitoring, has stable
control of her diabetes using insulin,
and is able to drive a CMV safely. Ms.
Ferguson meets the vision requirements
of 49 CFR 391.41(b)(10). Her optometrist
examined her in 2012 and certified that
she does not have diabetic retinopathy.
She holds a Class B CDL from South
Carolina.
Michael E. Fritz
Mr. Fritz, 53, has had ITDM since
1986. His endocrinologist examined him
in 2012 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. Fritz understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Fritz meets the vision
requirements of 49 CFR 391.41(b)(10).
His optometrist examined him in 2012
and certified that he does not have
diabetic retinopathy. He holds a Class D
operator’s license from Minnesota.
Jason W. Griffith
Mr. Griffith, 34, has had ITDM since
2009. His endocrinologist examined him
in 2012 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. Griffith understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Griffith meets the vision
requirements of 49 CFR 391.41(b)(10).
His optometrist examined him in 2012
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Kansas.
Lee A. Haerterich
Mr. Haerterich, 56, has had ITDM
since 2011. His endocrinologist
examined him in 2012 and certified that
he has had no severe hypoglycemic
reactions resulting in loss of
consciousness, requiring the assistance
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Fmt 4703
Sfmt 4703
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. Haerterich understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Haerterich meets the vision
requirements of 49 CFR 391.41(b)(10).
His ophthalmologist examined him in
2012 and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Wisconsin.
Eric W. Holland
Mr. Holland, 31, has had ITDM since
2001. His endocrinologist examined him
in 2012 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. Holland understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Holland meets the vision
requirements of 49 CFR 391.41(b)(10).
His optometrist examined him in 2012
and certified that he does not have
diabetic retinopathy. He holds a Class R
operator’s license from Colorado.
Richard P. Holmen
Mr. Holmen, 57, has had ITDM since
2006. His endocrinologist examined him
in 2012 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. Holmen understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Holmen meets the vision
requirements of 49 CFR 391.41(b)(10).
His optometrist examined him in 2012
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Minnesota.
Edward Jones
Mr. Jones, 67, has had ITDM since
2008. His endocrinologist examined him
in 2011 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
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06JNN1
Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Notices
Paul A. Lacina
Mr. Lacina, 62, has had ITDM since
1972. His endocrinologist examined him
in 2012 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. Lacina understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Lacina meets the vision
requirements of 49 CFR 391.41(b)(10).
His ophthalmologist examined him in
2011 and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class D operator’s license
from North Dakota.
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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. Jones understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Jones meets the vision
requirements of 49 CFR 391.41(b)(10).
His ophthalmologist examined him in
2012 and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class D operator’s license
from New Jersey.
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. Listro understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Listro meets the vision
requirements of 49 CFR 391.41(b)(10).
His optometrist examined him in 2012
and certified that he does not have
diabetic retinopathy. He holds a Class E
operator’s license from Florida.
Bradley J. Moore
Mr. Moore, 56, has had ITDM since
1998. His endocrinologist examined him
in 2012 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
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Moore meets the vision
requirements of 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 Missouri.
Robert L. Lawson
Mr. Lawson, 33, has had ITDM since
1987. His endocrinologist examined him
in 2012 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. Lawson understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Lawson meets the vision
requirements of 49 CFR 391.41(b)(10).
His ophthalmologist examined him in
2012 and certified that he does not have
diabetic retinopathy. He holds a Class D
operator’s license from South Carolina.
Jeremy T. Newton
Mr. Newton, 24, has had ITDM since
1997. His endocrinologist examined him
in 2012 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. Newton understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Newton meets the vision
requirements of 49 CFR 391.41(b)(10).
His optometrist examined him in 2012
and certified that he does not have
diabetic retinopathy. He holds a Class F
operator’s license from Missouri.
Richard N. Listro
Mr. Listro, 54, has had ITDM since
1988. His endocrinologist examined him
in 2012 and certified that he has had no
Ross W. Petermann
Mr. Petermann, 48, has had ITDM
since 2011. His endocrinologist
examined him in 2011 and certified that
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17:24 Jun 05, 2012
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33553
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. Petermann understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Petermann meets the vision
requirements of 49 CFR 391.41(b)(10).
His ophthalmologist examined him in
2012 and certified that he does not have
diabetic retinopathy. He holds a Class D
operator’s license from Minnesota.
James W. Pickard, Jr.
Mr. Pickard, 61, has had ITDM since
2011. His endocrinologist examined him
in 2012 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. Pickard understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Pickard meets the vision
requirements of 49 CFR 391.41(b)(10).
His ophthalmologist examined him in
2012 and certified that he does not have
diabetic retinopathy. He holds a Class B
CDL from Colorado.
Robert G. Shane
Mr. Shane, 54, has had ITDM since
2011. 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. Shane understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Shane meets the vision
requirements of 49 CFR 391.41(b)(10).
His optometrist examined him in 2012
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from New York.
Randall J. Tatum
Mr. Tatum, 58, has had ITDM since
2011. His endocrinologist examined him
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Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Notices
in 2012 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. Tatum understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Tatum meets the vision
requirements of 49 CFR 391.41(b)(10).
His ophthalmologist examined him in
2012 and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class B CDL from
Massachusetts.
Curtis J. Young
Mr. Young, 55, has had ITDM since
2009. His endocrinologist examined him
in 2012 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. Young understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Young meets the vision
requirements of 49 CFR 391.41(b)(10).
His optometrist examined him in 2012
and certified that he does not have
diabetic retinopathy. He holds a Class B
CDL from Florida.
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Request for Comments
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.
17:24 Jun 05, 2012
Issued on: May 29, 2012.
Larry W. Minor,
Associate Administration for Policy.
[FR Doc. 2012–13656 Filed 6–5–12; 8:45 am]
BILLING CODE P
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
VerDate Mar<15>2010
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 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.
Jkt 226001
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0109]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemptions; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 22 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
SUMMARY:
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Fmt 4703
Sfmt 4703
ITDM to operate CMVs in interstate
commerce.
DATES: Comments must be received on
or before July 6, 2012.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2012–0109 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 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:
Elaine M. Papp, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
E:\FR\FM\06JNN1.SGM
06JNN1
Agencies
[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Notices]
[Pages 33551-33554]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13656]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0108]
Qualification of Drivers; Exemption Applications; Diabetes
Mellitus
AGENCY: Federal Motor Carrier Safety Administration (FMCSA).
ACTION: Notice of applications for exemption.
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SUMMARY: FMCSA announces receipt of applications from 23 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 July 6, 2012.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0108 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: Elaine M. Papp, Chief, Medical
Programs Division, (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 23 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
Larry J. Anderson
Mr. Anderson, age 60, has had ITDM since 2011. His endocrinologist
examined him in 2012 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. Anderson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Anderson meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Minnesota.
Kevin J. Blue
Mr. Blue, 52, has had ITDM since 2007. His endocrinologist examined
him in 2012 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. Blue understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Blue meets the vision requirements
of 49 CFR 391.41(b)(10). His optometrist examined him in 2012 and
certified that he does not have diabetic retinopathy. He holds a Class
B CDL from Illinois.
Wade D. Calvin
Mr. Calvin, 48, has had ITDM since 1993. His endocrinologist
examined him in 2012 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. Calvin understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Calvin meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2012 and certified that he has stable nonproliferative diabetic
retinopathy. He holds an operator's license from Washington.
Carl A. Candelaria
Mr. Candelaria, 30, has had ITDM since 1985. His endocrinologist
examined him in 2012 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
[[Page 33552]]
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. Candelaria understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Candelaria meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class D operator's license from New Mexico.
Owen R. Dossett
Mr. Dossett, 43, has had ITDM since 2003. His endocrinologist
examined him in 2012 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. Dossett understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Dossett meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Mississippi.
David K. Dylak
Mr. Dylak, 49, has had ITDM since 1977. 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. Dylak understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Dylak meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Illinois.
Jennifer A. Ferguson
Ms. Ferguson, 32, has had ITDM since 2011. Her endocrinologist
examined her in 2011 and certified that she 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.
Her endocrinologist certifies that Ms. Ferguson understands diabetes
management and monitoring, has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Ferguson meets the
vision requirements of 49 CFR 391.41(b)(10). Her optometrist examined
her in 2012 and certified that she does not have diabetic retinopathy.
She holds a Class B CDL from South Carolina.
Michael E. Fritz
Mr. Fritz, 53, has had ITDM since 1986. His endocrinologist
examined him in 2012 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. Fritz understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Fritz meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class D operator's license from Minnesota.
Jason W. Griffith
Mr. Griffith, 34, has had ITDM since 2009. His endocrinologist
examined him in 2012 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. Griffith understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Griffith meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Kansas.
Lee A. Haerterich
Mr. Haerterich, 56, has had ITDM since 2011. His endocrinologist
examined him in 2012 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. Haerterich understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Haerterich meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he does not have diabetic
retinopathy. He holds a Class A CDL from Wisconsin.
Eric W. Holland
Mr. Holland, 31, has had ITDM since 2001. His endocrinologist
examined him in 2012 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. Holland understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Holland meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class R operator's license from Colorado.
Richard P. Holmen
Mr. Holmen, 57, has had ITDM since 2006. His endocrinologist
examined him in 2012 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. Holmen understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Holmen meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Minnesota.
Edward Jones
Mr. Jones, 67, has had ITDM since 2008. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the
[[Page 33553]]
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. Jones understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Jones meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2012 and certified that he has stable nonproliferative diabetic
retinopathy. He holds a Class D operator's license from New Jersey.
Paul A. Lacina
Mr. Lacina, 62, has had ITDM since 1972. His endocrinologist
examined him in 2012 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. Lacina understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Lacina meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2011 and certified that he has stable nonproliferative diabetic
retinopathy. He holds a Class D operator's license from North Dakota.
Robert L. Lawson
Mr. Lawson, 33, has had ITDM since 1987. His endocrinologist
examined him in 2012 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. Lawson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Lawson meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2012 and certified that he does not have diabetic retinopathy. He
holds a Class D operator's license from South Carolina.
Richard N. Listro
Mr. Listro, 54, has had ITDM since 1988. His endocrinologist
examined him in 2012 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. Listro understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Listro meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class E operator's license from Florida.
Bradley J. Moore
Mr. Moore, 56, has had ITDM since 1998. His endocrinologist
examined him in 2012 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 diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Moore meets the vision
requirements of 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 Missouri.
Jeremy T. Newton
Mr. Newton, 24, has had ITDM since 1997. His endocrinologist
examined him in 2012 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. Newton understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Newton meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class F operator's license from Missouri.
Ross W. Petermann
Mr. Petermann, 48, has had ITDM since 2011. 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. Petermann understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Petermann meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he does not have diabetic
retinopathy. He holds a Class D operator's license from Minnesota.
James W. Pickard, Jr.
Mr. Pickard, 61, has had ITDM since 2011. His endocrinologist
examined him in 2012 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. Pickard understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Pickard meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he does not have diabetic
retinopathy. He holds a Class B CDL from Colorado.
Robert G. Shane
Mr. Shane, 54, has had ITDM since 2011. 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. Shane understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Shane meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from New York.
Randall J. Tatum
Mr. Tatum, 58, has had ITDM since 2011. His endocrinologist
examined him
[[Page 33554]]
in 2012 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. Tatum understands diabetes management and
monitoring, has stable control of his diabetes using insulin, and is
able to drive a CMV safely. Mr. Tatum meets the vision requirements of
49 CFR 391.41(b)(10). His ophthalmologist examined him in 2012 and
certified that he has stable nonproliferative diabetic retinopathy. He
holds a Class B CDL from Massachusetts.
Curtis J. Young
Mr. Young, 55, has had ITDM since 2009. His endocrinologist
examined him in 2012 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. Young understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Young meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class B CDL from Florida.
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).
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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 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: May 29, 2012.
Larry W. Minor,
Associate Administration for Policy.
[FR Doc. 2012-13656 Filed 6-5-12; 8:45 am]
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