Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 20381-20385 [2013-07878]
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Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Notices
better than that of all CMV drivers
collectively (See 61 FR 13338, 13345,
March 26, 1996). The fact that
experienced monocular drivers
demonstrated safe driving records in the
waiver program supports a conclusion
that other monocular drivers, meeting
the same qualifying conditions as those
required by the waiver program, are also
likely to have adapted to their vision
deficiency and will continue to operate
safely.
The first major research correlating
past and future performance was done
in England by Greenwood and Yule in
1920. Subsequent studies, building on
that model, concluded that crash rates
for the same individual exposed to
certain risks for two different time
periods vary only slightly (See Bates
and Neyman, University of California
Publications in Statistics, April 1952).
Other studies demonstrated theories of
predicting crash proneness from crash
history coupled with other factors.
These factors—such as age, sex,
geographic location, mileage driven and
conviction history—are used every day
by insurance companies and motor
vehicle bureaus to predict the
probability of an individual
experiencing future crashes (See Weber,
Donald C., ‘‘Accident Rate Potential: An
Application of Multiple Regression
Analysis of a Poisson Process,’’ Journal
of American Statistical Association,
June 1971). A 1964 California Driver
Record Study prepared by the California
Department of Motor Vehicles
concluded that the best overall crash
predictor for both concurrent and
nonconcurrent events is the number of
single convictions. This study used 3
consecutive years of data, comparing the
experiences of drivers in the first 2 years
with their experiences in the final year.
Applying principles from these
studies to the past 3-year record of the
8 applicants, none of the drivers were
involved in crashes or convicted of
moving violations in a CMV. All the
applicants achieved a record of safety
while driving with their vision
impairment, demonstrating the
likelihood that they have adapted their
driving skills to accommodate their
condition. As the applicants’ ample
driving histories with their vision
deficiencies are good predictors of
future performance, FMCSA concludes
their ability to drive safely can be
projected into the future.
We believe that the applicants’
intrastate driving experience and history
provide an adequate basis for predicting
their ability to drive safely in interstate
commerce. Intrastate driving, like
interstate operations, involves
substantial driving on highways on the
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interstate system and on other roads
built to interstate standards. Moreover,
driving in congested urban areas
exposes the driver to more pedestrian
and vehicular traffic than exists on
interstate highways. Faster reaction to
traffic and traffic signals is generally
required because distances between
them are more compact. These
conditions tax visual capacity and
driver response just as intensely as
interstate driving conditions. The
veteran drivers in this proceeding have
operated CMVs safely under those
conditions for at least 3 years, most for
much longer. Their experience and
driving records lead us to believe that
each applicant is capable of operating in
interstate commerce as safely as he/she
has been performing in intrastate
commerce. Consequently, FMCSA finds
that exempting these applicants from
the vision requirement in 49 CFR
391.41(b)(10) is likely to achieve a level
of safety equal to that existing without
the exemption. For this reason, the
Agency is granting the exemptions for
the 2-year period allowed by 49 U.S.C.
31136(e) and 31315 to the 8 applicants
listed in the notice of February 13, 2013
(78 FR 10251).
We recognize that the vision of an
applicant may change and affect his/her
ability to operate a CMV as safely as in
the past. As a condition of the
exemption, therefore, FMCSA will
impose requirements on the 8
individuals consistent with the
grandfathering provisions applied to
drivers who participated in the
Agency’s vision waiver program.
Those requirements are found at 49
CFR 391.64(b) and include the
following: (1) That each individual be
physically examined every year (a) by
an ophthalmologist or optometrist who
attests that the vision in the better eye
continues to meet the requirement in 49
CFR 391.41(b)(10) and (b) by a medical
examiner who attests that the individual
is otherwise physically qualified under
49 CFR 391.41; (2) that each individual
provide a copy of the ophthalmologist’s
or optometrist’s report to the medical
examiner at the time of the annual
medical examination; and (3) that each
individual provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file, or keep a copy in his/her driver’s
qualification file if he/she is selfemployed. The driver must have a copy
of the certification when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official.
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Discussion of Comments
FMCSA received no comments in this
proceeding.
Conclusion
Based upon its evaluation of the 8
exemption applications, FMCSA
exempts Michael L. Bergman (KS),
Efrain Gonzalez (UT), Anthony Hall
(LA), Shane Holum (OR), Daryl W.
Morris (MO), Dan Nestel (IN), Thomas
G. Normington (WY), and Thomas L.
Terrell (IA) from the vision requirement
in 49 CFR 391.41(b)(10), subject to the
requirements cited above (49 CFR
391.64(b)).
In accordance with 49 U.S.C. 31136(e)
and 31315, each exemption will be valid
for 2 years unless revoked earlier by
FMCSA. The exemption will be revoked
if: (1) The person fails to comply with
the terms and conditions of the
exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136 and 31315.
If the exemption is still effective at the
end of the 2-year period, the person may
apply to FMCSA for a renewal under
procedures in effect at that time.
Issued on: March 26, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–07874 Filed 4–3–13; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0015]
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 20 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 May 6, 2013.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
SUMMARY:
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Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Notices
System (FDMS) Docket No. FMCSA–
2013–0015 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 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
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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 20 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
Donald J. Barber
Mr. Barber, 36, 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. Barber understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely.
Mr. Barber 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 Florida.
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 A CDL from Louisiana.
Ryan O. Carman
Mr. Carman, 26, 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. Carman understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely.
Mr. Carman meets the vision
requirements of 49 CFR 391.41(b)(10).
His optometrist examined him in 2013
and certified that he does not have
diabetic retinopathy. He holds a Class C
operator’s license from North Carolina.
Gary M. Bartley
Robert G. Costa
Mr. Costa, 65, 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. Costa understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Costa 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 A CDL from New Jersey.
Mr. Bartley, 55, 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. Bartley understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Bartley meets the
Robert V. Gray
Mr. Gray, 38, 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. Gray 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. Gray 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 A CDL from Louisiana.
William J. Hannan III
Mr. Hannan, 59, 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. Hannan understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely.
Mr. Hannan 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 Jersey.
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Ryan R. Hetro
Mr. Hetro, 21, has had ITDM since
2006. His endocrinologist examined him
in 2013 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. Hetro understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Hetro meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined
him in 2013 and certified that he does
not have diabetic retinopathy. He holds
a Class C operator’s license from
Pennsylvania.
Daniel A. Johns
Mr. Johns, 48, has had ITDM since
2007. His endocrinologist examined him
in 2013 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. Johns understands
diabetes management and monitoring,
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has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Johns meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that
he has stable non-proliferative diabetic
retinopathy. He holds a Class B CDL
from Pennsylvania.
Gary D. MacFarlane
Mr. MacFarlane, 59, has had ITDM
since 2001. His endocrinologist
examined him in 2013 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. MacFarlane understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely.
Mr. MacFarlane 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 A CDL from Maine.
Ken R. Martin
Mr. Martin, 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. Martin understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely.
Mr. Martin 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.
David J. Mathews
Mr. Mathews, 50, has had ITDM since
1982. 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
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more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Mathews understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely.
Mr. Mathews 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 Minnesota.
Terrance M. Morrisette
Mr. Morrisette, 52, has had ITDM
since 2008. 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. Morrisette understands diabetes
management and monitoring, has stable
control of his diabetes using insulin,
and is able to drive a CMV safely. Mr.
Morrisette 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 Minnesota.
Shane J. Nesheim
Mr. Nesheim, 40, has had ITDM since
2004. 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. Nesheim understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Nesheim 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 Wisconsin.
Troy D. Ostrowski
Mr. Ostrowski, 48, 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
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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. Ostrowski understands diabetes
management and monitoring, has stable
control of his diabetes using insulin,
and is able to drive a CMV safely. Mr.
Ostrowski 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 A CDL from
Minnesota.
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Daniel J. Rau
Mr. Rau, 58, 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. Rau understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Rau meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist
examined him in 2013 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from Idaho.
Robert E. Roach
Mr. Roach, 66, 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. Roach understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Roach 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 Missouri.
Jeremy D. Schroeder
Mr. Schroeder, 31, 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
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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. Schroeder understands diabetes
management and monitoring, has stable
control of his diabetes using insulin,
and is able to drive a CMV safely. Mr.
Schroeder meets the requirements of the
vision standard at 49 CFR 391.41(b)(10).
His ophthalmologist examined him in
2012 and certified that he has stable
non-proliferative diabetic retinopathy.
He holds a Class A CDL from Ohio.
Jerry G. Severson, Jr.
Mr. Severson, 55, has had ITDM since
2012. His endocrinologist examined him
in 2013 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. Severson understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Severson meets the vision
requirements of 49 CFR 391.41(b)(10).
His optometrist examined him in 2013
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Illinois.
Kelly R. Troll
Mr. Troll, 53, 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. Troll understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Troll 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 A CDL from Minnesota.
Milfred R. Unruh
Mr. Unruh, 68, has had ITDM since
2011. His endocrinologist examined him
in 2012 and certified that he has had no
severe hypoglycemic reactions resulting
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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. Unruh understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Unruh 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 Mississippi.
Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315, FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments received before the close of
business on the closing date indicated
in the date section of the notice.
FMCSA notes that section 4129 of the
Safe, Accountable, Flexible and
Efficient Transportation Equity Act: A
Legacy for Users requires the Secretary
to revise its diabetes exemption program
established on September 3, 2003 (68 FR
52441) 1. The revision must provide for
individual assessment of drivers with
diabetes mellitus, and be consistent
with the criteria described in section
4018 of the Transportation Equity Act
for the 21st Century (49 U.S.C. 31305).
Section 4129 requires: (1) elimination
of the requirement for 3 years of
experience operating CMVs while being
treated with insulin; and (2)
establishment of a specified minimum
period of insulin use to demonstrate
stable control of diabetes before being
allowed to operate a CMV.
In response to section 4129, FMCSA
made immediate revisions to the
diabetes exemption program established
by the September 3, 2003 notice.
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
1 Section 4129(a) refers to the 2003 notice as a
‘‘final rule.’’ However, the 2003 notice did not issue
a ‘‘final rule’’ but did establish the procedures and
standards for issuing exemptions for drivers with
ITDM.
E:\FR\FM\04APN1.SGM
04APN1
Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Notices
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: March 26, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–07878 Filed 4–3–13; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2013–0022; Notice 1]
Notice of Receipt of Petition for
Decision That Nonconforming 2010
BMW Z4 Passenger Cars Are Eligible
for Importation
National Highway Traffic
Safety Administration, DOT.
ACTION: Notice of receipt of petition.
AGENCY:
This document announces
receipt by the National Highway Traffic
Safety Administration (NHTSA) of a
petition for a decision that 2010 BMW
Z4 passenger cars that were not
originally manufactured to comply with
all applicable Federal Motor Vehicle
Safety Standards (FMVSS), are eligible
for importation into the United States
because they are substantially similar to
vehicles that were originally
manufactured for sale in the United
States and that were certified by their
manufacturer as complying with the
safety standards (the U.S.-certified
version of the 2010 BMW Z4) and they
are capable of being readily altered to
conform to the standards.
DATE: The closing date for comments on
the petition is May 6, 2013.
ADDRESSES: Comments should refer to
the docket and notice numbers above
and be submitted by any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online 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.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
14:48 Apr 03, 2013
Jkt 229001
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE., between
9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: 202–493–2251.
Instructions: Comments must be
written in the English language, and be
no greater than 15 pages in length,
although there is no limit to the length
of necessary attachments to the
comments. If comments are submitted
in hard copy form, please ensure that
two copies are provided. If you wish to
receive confirmation that your
comments were received, please enclose
a stamped, self-addressed postcard with
the comments. 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.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78).
How To Read Comments Submitted to
the Docket: You may read the comments
received by Docket Management at the
address and times given above. You may
also view the documents from the
Internet at https://www.regulations.gov.
Follow the online instructions for
accessing the dockets. The docket ID
number and title of this notice are
shown at the heading of this document
notice. Please note that even after the
comment closing date, we will continue
to file relevant information in the
Docket as it becomes available. Further,
some people may submit late comments.
Accordingly, we recommend that you
periodically search the Docket for new
material.
FOR FURTHER INFORMATION CONTACT:
Coleman Sachs, Office of Vehicle Safety
Compliance, NHTSA (202–366–3151).
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 30141(a)(1)(A), a
motor vehicle that was not originally
manufactured to conform to all
applicable FMVSS shall be refused
admission into the United States unless
NHTSA has decided that the motor
vehicle is substantially similar to a
motor vehicle originally manufactured
for importation into and sale in the
United States, certified under 49 U.S.C.
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
20385
§ 30115, and of the same model year as
the model of the motor vehicle to be
compared, and is capable of being
readily altered to conform to all
applicable FMVSS.
Petitions for eligibility decisions may
be submitted by either manufacturers or
importers who have registered with
NHTSA pursuant to 49 CFR part 592. As
specified in 49 CFR 593.7, NHTSA
publishes notice in the Federal Register
of each petition that it receives, and
affords interested persons an
opportunity to comment on the petition.
At the close of the comment period,
NHTSA decides, on the basis of the
petition and any comments that it has
received, whether the vehicle is eligible
for importation. The agency then
publishes this decision in the Federal
Register.
J.K. Technologies, LLC (‘‘JK’’), of
Baltimore, Maryland (Registered
Importer 90–006) has petitioned NHTSA
to decide whether nonconforming 2010
BMW Z4 passenger cars are eligible for
importation into the United States. The
vehicles which JK believes are
substantially similar are 2010 BMW Z4
passenger cars that were manufactured
for sale in the United States and
certified by their manufacturer as
conforming to all applicable FMVSS.
The petitioner claims that it compared
the non-U.S. certified 2010 BMW Z4 to
its U.S.-certified counterpart, and found
the vehicles to be substantially similar
with respect to compliance with most
FMVSS.
JK submitted information with its
petition intended to demonstrate that
the non-U.S. certified 2010 BMW Z4, as
originally manufactured, conforms to
many FMVSS in the same manner as its
U.S. certified counterpart, or is capable
of being readily altered to conform to
those standards. Specifically, the
petitioner claims that the non-U.S.
certified 2010 BMW Z4 is identical to its
U.S. certified counterpart with respect
to compliance with Standard Nos. 102
Transmission Shift Lever Sequence,
Starter Interlock, and Transmission
Braking Effect, 103 Windshield
Defrosting and Defogging Systems, 104
Windshield Wiping and Washing
Systems, 106 Brake Hoses, 113 Hood
Latch System, 116 Motor Vehicle Brake
Fluids, 124 Accelerator Control Systems,
135 Light Vehicle Brake Systems, 139
New Pneumatic Radial Tires for Light
Vehicles, 201 Occupant Protection in
Interior Impact, 202 Head Restraints,
205 Glazing Materials, 206 Door Locks
and Door Retention Components, 210
Seat Belt Assembly Anchorages, 212
Windshield Mounting, 214 Side Impact
Protection, 216 Roof Crush Resistance,
219 Windshield Zone Intrusion, 225
E:\FR\FM\04APN1.SGM
04APN1
Agencies
[Federal Register Volume 78, Number 65 (Thursday, April 4, 2013)]
[Notices]
[Pages 20381-20385]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07878]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0015]
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.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from 20 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 May 6, 2013.
ADDRESSES: You may submit comments bearing the Federal Docket
Management
[[Page 20382]]
System (FDMS) Docket No. FMCSA-2013-0015 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 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 20 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
Donald J. Barber
Mr. Barber, 36, 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. Barber understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
Mr. Barber 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 Florida.
Gary M. Bartley
Mr. Bartley, 55, 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. Bartley understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bartley 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 A CDL from Louisiana.
Ryan O. Carman
Mr. Carman, 26, 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. Carman understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
Mr. Carman meets the vision requirements of 49 CFR 391.41(b)(10).
His optometrist examined him in 2013 and certified that he does not
have diabetic retinopathy. He holds a Class C operator's license from
North Carolina.
Robert G. Costa
Mr. Costa, 65, 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. Costa understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Costa 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 A CDL from New Jersey.
Robert V. Gray
Mr. Gray, 38, 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. Gray understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV
[[Page 20383]]
safely. Mr. Gray 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
A CDL from Louisiana.
William J. Hannan III
Mr. Hannan, 59, 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. Hannan understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
Mr. Hannan 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 Jersey.
Ryan R. Hetro
Mr. Hetro, 21, has had ITDM since 2006. His endocrinologist
examined him in 2013 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. Hetro understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hetro meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2013 and certified that he does not have
diabetic retinopathy. He holds a Class C operator's license from
Pennsylvania.
Daniel A. Johns
Mr. Johns, 48, has had ITDM since 2007. His endocrinologist
examined him in 2013 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. Johns understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Johns meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2012 and certified that he has stable
non-proliferative diabetic retinopathy. He holds a Class B CDL from
Pennsylvania.
Gary D. MacFarlane
Mr. MacFarlane, 59, has had ITDM since 2001. His endocrinologist
examined him in 2013 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. MacFarlane understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
Mr. MacFarlane 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 A CDL from
Maine.
Ken R. Martin
Mr. Martin, 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. Martin understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
Mr. Martin 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.
David J. Mathews
Mr. Mathews, 50, has had ITDM since 1982. 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. Mathews understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
Mr. Mathews 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
Minnesota.
Terrance M. Morrisette
Mr. Morrisette, 52, has had ITDM since 2008. 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. Morrisette understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Morrisette 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 Minnesota.
Shane J. Nesheim
Mr. Nesheim, 40, has had ITDM since 2004. 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. Nesheim understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Nesheim 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 Wisconsin.
Troy D. Ostrowski
Mr. Ostrowski, 48, 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
[[Page 20384]]
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. Ostrowski
understands diabetes management and monitoring, has stable control of
his diabetes using insulin, and is able to drive a CMV safely. Mr.
Ostrowski 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 A CDL from
Minnesota.
Daniel J. Rau
Mr. Rau, 58, 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. Rau understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Rau meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2013 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Idaho.
Robert E. Roach
Mr. Roach, 66, 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. Roach understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Roach 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 Missouri.
Jeremy D. Schroeder
Mr. Schroeder, 31, 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. Schroeder understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Schroeder meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2012 and certified that he has stable
non-proliferative diabetic retinopathy. He holds a Class A CDL from
Ohio.
Jerry G. Severson, Jr.
Mr. Severson, 55, has had ITDM since 2012. His endocrinologist
examined him in 2013 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. Severson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Severson meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2013 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Illinois.
Kelly R. Troll
Mr. Troll, 53, 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. Troll understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Troll 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 A CDL from Minnesota.
Milfred R. Unruh
Mr. Unruh, 68, 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. Unruh understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Unruh 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
Mississippi.
Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the date section
of the notice.
FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users requires
the Secretary to revise its diabetes exemption program established on
September 3, 2003 (68 FR 52441) \1\. The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
---------------------------------------------------------------------------
\1\ Section 4129(a) refers to the 2003 notice as a ``final
rule.'' However, the 2003 notice did not issue a ``final rule'' but
did establish the procedures and standards for issuing exemptions
for drivers with ITDM.
---------------------------------------------------------------------------
Section 4129 requires: (1) elimination of the requirement for 3
years of experience operating CMVs while being treated with insulin;
and (2) establishment of a specified minimum period of insulin use to
demonstrate stable control of diabetes before being allowed to operate
a CMV.
In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 notice.
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
[[Page 20385]]
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: March 26, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-07878 Filed 4-3-13; 8:45 am]
BILLING CODE 4910-EX-P