Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 7852-7855 [2013-02268]
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7852
Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Notices
email andrea.copeland@faa.gov; (202)
267–8081.
This notice is published pursuant to
14 CFR 11.85.
Issued in Washington, DC, on January 24,
2013.
Lirio Liu,
Director, Office of Rulemaking.
Petition For Exemption
Docket No.: FAA–2012–1307.
Petitioner: AeroServicios De LaCosta.
Section of 14 CFR Affected:
14 CFR 129.5(b).
Description of Relief Sought:
Petitioner seeks an exemption to Part
129.5(b) to operate Metro SA227
Aircraft within the U. S. with exception
to ICAO Annex 6 regulations requiring
Cockpit Voice Recorder (CVR), Flight
Data Recorder (FDR), Ground Proximity
Warning System (GPWS) and Traffic
Collision Avoidance System (TCAS) II.
[FR Doc. 2013–02368 Filed 2–1–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Intent To Rule on Request To
Release Airport Property at the Rocky
Mountain Metropolitan Airport,
Broomfield, CO
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of request to release
airport property.
AGENCY:
The FAA proposes to rule and
invite public comment on the release of
land at the Rocky Mountain
Metropolitan Airport under the
provisions of Section 125 of the
Wendell H. Ford Aviation Investment
Reform Act for the 21st Century (AIR
21), now 49 U.S.C. 47107(h)(2).
DATES: Comments must be received on
or before March 6, 2013.
ADDRESSES: Comments on this
application may be mailed or delivered
to the FAA at the following address: Mr.
John P. Bauer, Manager, Federal
Aviation Administration, Northwest
Mountain Region, Airports Division,
Denver Airports District Office, 26805 E.
68th Avenue, Suite 224, Denver,
Colorado 80249–6361.
In addition, one copy of any
comments submitted to the FAA must
be mailed or delivered to Mr. Kenneth
E. Maenpa, Airport Director, Rocky
Mountain Metropolitan Airport,
Broomfield, Colorado, at the following
address: Mr. Kenneth E. Maenpa,
Airport Director, Rocky Mountain
Metropolitan Airport, 11755 Airport
Way, Broomfield, Colorado 80021.
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SUMMARY:
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19:26 Feb 01, 2013
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Mr.
Marc Miller, Colorado Engineer/
Compliance Specialist, Federal Aviation
Administration, Northwest Mountain
Region, Denver Airports District Office,
26805 E. 68th Avenue, Suite 224,
Denver, Colorado 80249–6361.
The request to release property may
be reviewed, by appointment, in person
at this same location.
FOR FURTHER INFORMATION CONTACT:
The FAA
invites public comment on the request
to release property at the Rocky
Mountain Metropolitan Airport under
the provisions of the AIR 21 (49 U.S.C.
47107(h)(2)).
On January 15, 2013, the FAA
determined that the request to release
property at the Rocky Mountain
Metropolitan Airport submitted by
Jefferson County meets the procedural
requirements of the Federal Aviation
Administration. The FAA may approve
the request, in whole or in part, no later
than March 6, 2013.
The following is a brief overview of
the request:
Jefferson County is proposing the
release from the terms, conditions,
reservations, and restrictions on a 120
acre parcel of acquired by Jefferson
County on June 2, 1959. This property
was transferred to the Jefferson County
Airport Authority in April of 1966. With
the dissolution of the Airport Authority
in 1998, this property ownership was
then transferred back to Jefferson
County, as the airport sponsor, January
11, 1999. Elevation constraints of this
parcel compared to the Runway
environment makes it unusable for
airport development. The property is
currently being leased to the City of
Westminster, and consists of the back
nine holes of the Heritage Golf Course.
The expected use of the property is to
remain a golf course with the City of
Westminster having ownership. The
proceeds for the disposal of the property
will be at fair market value and will be
utilized to complete a much needed
taxiway to enhance safety within the
hangar area on the airfield. This
proposed taxiway is identified on the
current Airport Layout Plan.
Any person may inspect, by
appointment, the request in person at
the FAA office listed above under FOR
FURTHER INFORMATION CONTACT.
In addition, any person may, upon
appointment and request, inspect the
application, notice and other documents
germane to the application in person at
the St George Airport.
SUPPLEMENTARY INFORMATION:
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Issued in Denver, Colorado, on January 15,
2013.
John P. Bauer,
Manager, Denver Airports District Office.
[FR Doc. 2013–02321 Filed 2–1–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0011]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA).
ACTION: Notice of applications for
exemption from the diabetes mellitus
requirement; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 19 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 March 6, 2013.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2013–0011 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://
DATES:
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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 Federal Docket
Management System (FDMS) published
in the Federal Register on December 29,
2010 (75 FR 82132), or you may visit
https://www.gpo.gov/fdsys/pkg/FR-201012-29/pdf/2010-32876.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 19 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
Nicholas C. Bolton
Mr. Bolton, 22, has had ITDM since
1991. His endocrinologist examined him
in 2012 and certified that he has had no
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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. Bolton understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Bolton meets the
requirements of the vision standard at
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 New York.
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. Keller understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Keller 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 C
CDL from Michigan.
Isaias Gomez
Mr. Gomez, 54, 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. Gomez understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Gomez meets the vision
requirements of 49 CFR 391.41(b)(10).
His ophthalmologist examined him in
2012 and certified that he has stable
proliferative diabetic retinopathy. He
holds a Class A CDL from Indiana.
Mark R. Loesel
Brandon E. Hamlett
Mr. Hamlett, 40, 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. Hamlett understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Hamlett 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 C
operator’s license from Nevada.
Douglas F. Keller
Mr. Keller, 36, has had ITDM since
2002. His endocrinologist examined him
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Mr. Loesel, 50, has had ITDM since
2000. 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. Loesel understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Loesel meets the
requirements of the vision standard at
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 Wisconsin.
Steven A. Marion
Mr. Marion, 51, 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. Marion understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Marion 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 Massachusetts.
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Jason E. McAnnally
Mr. McAnnally, 34, has had ITDM
since 2012. 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. McAnnally understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. McAnnally 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 Alabama.
Robert W. Moen
Mr. Moen, 37, has had ITDM since
2012. 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. Moen understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Moen 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 Iowa.
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Craig S. Moran
Mr. Moran, 56, has had ITDM since
1969. 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. Moran understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Moran meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2012 and certified that
he does not have diabetic retinopathy.
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19:26 Feb 01, 2013
Jkt 229001
He holds a Class C operator’s license
from California.
Wayne A. Ondrusek
Mr. Ondrusek, 71, has had ITDM
since 2012. 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. Ondrusek understands diabetes
management and monitoring, has stable
control of his diabetes using insulin,
and is able to drive a CMV safely. Mr.
Ondrusek 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 Pennsylvania.
Lenicia R. Riley
Ms. Riley, 31, has had ITDM since
2012. Her endocrinologist examined her
in 2012 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. Riley understands diabetes
management and monitoring, has stable
control of her diabetes using insulin,
and is able to drive a CMV safely. Ms.
Riley 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 A CDL from Texas.
Mark L. Sandager
Mr. Sandager, 60, has had ITDM since
1980. 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. Sandager understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Sandager meets the vision
requirements of 49 CFR 391.41(b)(10).
His ophthalmologist examined him in
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Fmt 4703
Sfmt 4703
2012 and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class D operator’s license
from Minnesota.
Samuel L. Sergio
Mr. Sergio, 22, has had ITDM since
1995. 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. Sergio understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Sergio meets the
requirements of the vision standard at
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 Massachusetts.
Jason L. Shaw
Mr. Shaw, 30, 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. Shaw understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Shaw meets the requirements
of the vision standard at 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
Oklahoma.
Paul M. Shierk
Mr. Shierk, 43, 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. Shierk understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
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safely. Mr. Shierk 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 Oregon.
Kailey J. Skroko
Ms. Skroko, 26, has had ITDM since
1999. Her endocrinologist examined her
in 2012 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. Skroko understands diabetes
management and monitoring, has stable
control of her diabetes using insulin,
and is able to drive a CMV safely. Ms.
Skroko meets the requirements of the
vision standard at 49 CFR 391.41(b)(10).
Her optometrist examined her in 2012
and certified that she does not have
diabetic retinopathy. She holds an
operator’s license from Indiana.
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Samantha K. Tsuchiya
Ms. Tsuchiya, 27, has had ITDM since
1996. Her endocrinologist examined her
in 2012 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. Tsuchiya understands diabetes
management and monitoring, has stable
control of her diabetes using insulin,
and is able to drive a CMV safely. Ms.
Tsuchiya meets the requirements of the
vision standard at 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
C operator’s license from California.
David W. West
Mr. West, 54, has had ITDM since
2010. 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. West understands
diabetes management and monitoring,
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19:26 Feb 01, 2013
Jkt 229001
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. West meets the requirements
of the vision standard at 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
Missouri.
Eugene R. Zollner, II
Mr. Zollner, 51, has had ITDM since
2012. 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. Zollner understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Zollner 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 Ohio.
Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315, FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments received before the close of
business on the closing date indicated
in the date section of the notice.
FMCSA notes that section 4129 of the
Safe, Accountable, Flexible and
Efficient Transportation Equity Act: A
Legacy for Users requires the Secretary
to revise its diabetes exemption program
established on September 3, 2003 (68 FR
52441).1 The revision must provide for
individual assessment of drivers with
diabetes mellitus, and be consistent
with the criteria described in section
4018 of the Transportation Equity Act
for the 21st Century (49 U.S.C. 31305).
Section 4129 requires: (1) Elimination
of the requirement for 3 years of
experience operating CMVs while being
treated with insulin; and (2)
establishment of a specified minimum
period of insulin use to demonstrate
stable control of diabetes before being
allowed to operate a CMV.
In response to section 4129, FMCSA
made immediate revisions to the
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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7855
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: January 18, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–02268 Filed 2–1–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2012–0349]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt 12 individuals from
its rule prohibiting persons with
insulin-treated diabetes mellitus (ITDM)
from operating commercial motor
vehicles (CMVs) in interstate commerce.
The exemptions will enable these
individuals to operate CMVs in
interstate commerce.
DATES: The exemptions are effective
February 4, 2013. The exemptions
expire on February 4, 2015.
FOR FURTHER INFORMATION CONTACT:
Elaine M. Papp, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA, Room
W64–224, Department of
Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001. Office hours are from 8:30 a.m. to
SUMMARY:
E:\FR\FM\04FEN1.SGM
04FEN1
Agencies
[Federal Register Volume 78, Number 23 (Monday, February 4, 2013)]
[Notices]
[Pages 7852-7855]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02268]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0011]
Qualification of Drivers; Exemption Applications; Diabetes
Mellitus
AGENCY: Federal Motor Carrier Safety Administration (FMCSA).
ACTION: Notice of applications for exemption from the diabetes mellitus
requirement; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 19 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 March 6, 2013.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0011 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://
[[Page 7853]]
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 Federal Docket
Management System (FDMS) published in the Federal Register on December
29, 2010 (75 FR 82132), or you may visit https://www.gpo.gov/fdsys/pkg/FR-2010-12-29/pdf/2010-32876.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 19 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
Nicholas C. Bolton
Mr. Bolton, 22, has had ITDM since 1991. 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. Bolton understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bolton meets the
requirements of the vision standard at 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
New York.
Isaias Gomez
Mr. Gomez, 54, 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. Gomez understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Gomez meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2012 and certified that he has stable proliferative diabetic
retinopathy. He holds a Class A CDL from Indiana.
Brandon E. Hamlett
Mr. Hamlett, 40, 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. Hamlett understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hamlett 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 C operator's license from Nevada.
Douglas F. Keller
Mr. Keller, 36, has had ITDM since 2002. 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. Keller understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Keller 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 C CDL from Michigan.
Mark R. Loesel
Mr. Loesel, 50, has had ITDM since 2000. 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. Loesel understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Loesel meets the
requirements of the vision standard at 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 Wisconsin.
Steven A. Marion
Mr. Marion, 51, 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. Marion understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Marion 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 Massachusetts.
[[Page 7854]]
Jason E. McAnnally
Mr. McAnnally, 34, has had ITDM since 2012. 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. McAnnally understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. McAnnally 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 Alabama.
Robert W. Moen
Mr. Moen, 37, has had ITDM since 2012. 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. Moen understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Moen 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 Iowa.
Craig S. Moran
Mr. Moran, 56, has had ITDM since 1969. 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. Moran understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Moran meets the
requirements of the vision standard at 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 C operator's license from
California.
Wayne A. Ondrusek
Mr. Ondrusek, 71, has had ITDM since 2012. 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. Ondrusek understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Ondrusek 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 Pennsylvania.
Lenicia R. Riley
Ms. Riley, 31, has had ITDM since 2012. Her endocrinologist
examined her in 2012 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. Riley understands diabetes
management and monitoring, has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Riley 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 A CDL from Texas.
Mark L. Sandager
Mr. Sandager, 60, has had ITDM since 1980. 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. Sandager understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Sandager 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
Minnesota.
Samuel L. Sergio
Mr. Sergio, 22, has had ITDM since 1995. 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. Sergio understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Sergio meets the
requirements of the vision standard at 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
Massachusetts.
Jason L. Shaw
Mr. Shaw, 30, 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. Shaw understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Shaw meets the requirements of the
vision standard at 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 Oklahoma.
Paul M. Shierk
Mr. Shierk, 43, 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. Shierk understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV
[[Page 7855]]
safely. Mr. Shierk 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
Oregon.
Kailey J. Skroko
Ms. Skroko, 26, has had ITDM since 1999. Her endocrinologist
examined her in 2012 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. Skroko understands diabetes
management and monitoring, has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Skroko meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2012 and certified that she does not have
diabetic retinopathy. She holds an operator's license from Indiana.
Samantha K. Tsuchiya
Ms. Tsuchiya, 27, has had ITDM since 1996. Her endocrinologist
examined her in 2012 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. Tsuchiya understands diabetes
management and monitoring, has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Tsuchiya meets the
requirements of the vision standard at 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 C operator's license from
California.
David W. West
Mr. West, 54, has had ITDM since 2010. 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. West understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. West meets the requirements of the
vision standard at 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 Missouri.
Eugene R. Zollner, II
Mr. Zollner, 51, has had ITDM since 2012. 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. Zollner understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Zollner 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 Ohio.
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 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: January 18, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-02268 Filed 2-1-13; 8:45 am]
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