[Federal Register: December 19, 2005 (Volume 70, Number 242)]
[Notices]
[Page 75236-75238]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de05-99]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2005-22905]
Qualification of Drivers; Exemption Applications; Diabetes
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemption from the diabetes
standard; request for comments.
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SUMMARY: FMCSA announces receipt of applications from six individuals
for exemptions 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 as drivers of commercial motor
vehicles in interstate commerce.
DATES: Comments must be received on or before January 18, 2006.
ADDRESSES: You may submit comments by any of the following methods.
Please label your comments with DOT DMS Docket Number FMCSA-2005-22905.
Web Site: http://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the on-line instructions for submitting
comments.
All submissions must include the agency name and docket number for
this notice. Note that all comments received will be posted without
change to http://dms.dot.gov, including any personal information
provided. Please see the Privacy Act heading under Regulatory Notices.
To read background documents
[[Page 75237]]
or comments received, go to http://dms.dot.gov or to Room PL-401 on the
plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC between 9 a.m. and 5 p.m. Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical
Qualifications Division, (202) 366-4001, FMCSA, Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
Office hours are from 8 a.m. to 5 p.m., e.t., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
Public Comments: The DMS is generally available 24 hours each day,
except when announced system maintenance requires a brief interruption
in service. You can get electronic submission and retrieval help
guidelines under the ``help'' section of the DMS Web site. If you want
us to notify you that we received your comments, please include a self-
addressed, stamped envelope or postcard. An acknowledgement page
appears after submitting comments on-line and can be printed to
document submission of comments.
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 the
Department of Transportation's complete Privacy Act statement in the
Federal Registerpublished April 11, 2000 (65 FR 19477-78) or you may
visit http://dms.dot.gov.
Background
Under 49 U.S.C. 31315 and 31136(e), the FMCSA may grant an
exemption 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 six individuals listed in this notice have recently requested 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 statute.
Qualifications of Applicants
Daryle W. Belcher
Mr. Belcher, 63, has had ITDM since 2000. He has had no
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 5 years. His
endocrinologist examined him in 2005 and stated, ``He has been
extremely willing to properly monitor and manage his diabetes.'' Mr.
Belcher meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2005 and certified
that he does not have diabetic retinopathy. He holds a Class B
Commercial Driver's License (CDL) from Texas.
William H. Gardner
Mr. Gardner, 34, has had ITDM since 1981. He has had no
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 5 years. His
endocrinologist examined him in 2005 and stated, ``He is stable on the
current insulin regimen, understands diabetes management and
monitoring, and is able to drive a commercial motor vehicle safely.''
He holds a Class A CDL from California.
Roy G. Hill
Mr. Hill, 43, has had ITDM since 1975. He has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years. His endocrinologist
examined him in 2005 and stated, ``Mr. Hill has demonstrated the
ability to monitor and manage his diabetes.'' Mr. Hill meets the
requirements of the vision standard at 49 CFR 391.41 (b)(10). His
ophthalmologist examined him in 2005 and certified that there is no
evidence of diabetic retinopathy He holds a Class A CDL from Kentucky.
Anthony D. Izzi
Mr. Izzi, 45, has had ITDM since 2000. He has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years. His endocrinologist
examined him in 2005 and stated, ``He demonstrates willingness to
properly monitor and manage his diabetes without difficulty and with
success.'' Mr. Izzi meets the requirements of the vision standard at 49
CFR 391.41 (b)(10). His ophthalmologist examined him in 2005 and
certified that he does not have diabetic retinopathy He holds an
operator's license from Rhode Island.
Ronald D. Paul
Mr. Paul, 58, has had ITDM since 1980. He has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years. His endocrinologist
examined him in 2005 and stated, ``Mr. Paul has demonstrated
willingness to properly monitor and manage his diabetes.'' Mr. Paul
meets the requirements of the vision standard at 49 CFR 391.41 (b)(10).
His ophthalmologist examined him in 2005 and certified that he does
have stable mild background diabetic retinopathy. He holds a Class B
CDL from New Hampshire.
Kenneth L. Pogue
Mr. Pogue, 46, has had ITDM since 1997. He has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years. His endocrinologist
examined him in 2005 and stated, ``Mr. Pogue is well educated regarding
his diabetes and its management. Mr. Pogue has demonstrated willingness
to properly monitor and manage his diabetes.'' Mr. Pogue meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2005 and stated, ``There was no
evidence of diabetic retinopathy present.'' He holds a Class A CDL from
Missouri.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), the 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 earlier in the
notice.
FMCSA notes that Section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-
LU) requires the Secretary to begin within 90 days of enactment to
revise the September 3, 2003 (68 FR 52441), notice of final
disposition, to allow drivers who use insulin to treat diabetes to
[[Page 75238]]
operate CMVs in interstate commerce.\1\ The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of TEA-21.
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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 two substantive changes to be made in the
current exemption process set out in the September 3, 2003 Notice. As
required by section 4129(b) and (c), the changes are: (1) Elimination
of the requirement for three years of experience operating CMVs while
being treated with insulin; and (2) establishment of a specified
minimum period of insulin dose to demonstrate stable control of
diabetes before being allowed to operate a CMV.
In order to accomplish these changes within the 90-day time frame
established by section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 Notice.
These revisions were those necessary to respond to the specific changes
mandated by section 4129 while continuing to ensure that operation of
CMVs by drivers with ITDM will achieve the necessary level of safety as
also required by section 4129(a).
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. 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). All of the requirements set out in the September 3, 2003
Notice, except as modified in the Notice in the Federal Register on
November 8, 2005 (70 FR 67777), remain in effect.
Issued on: December 13, 2005.
Annette M. Sandberg,
Administrator.
[FR Doc. E5-7494 Filed 12-16-05; 8:45 am]
BILLING CODE 4910-EX-P