[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Notices]
[Pages 55890-55895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26004]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket ID FMCSA-2009-0289]
Qualification of Drivers; Exemption Applications; Diabetes
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemptions from the diabetes
standard; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 41 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 commercial motor vehicles in
interstate commerce.
DATES: Comments must be received on or before November 30, 2009.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2009-0289 using any of the
following methods:
Federal eRulemaking Portal: Go to http://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.
Each submission must include the Agency name and the docket ID for
this
[[Page 55891]]
Notice. Note that DOT posts all comments received without change to
http://www.regulations.gov, including any personal information included
in a comment. Please see the Privacy Act heading below.
Docket: For access to the docket to read background documents or
comments, go to http://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 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 acknowledgment 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 the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19476). This information is
also available at: http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs, (202) 366-4001, [email protected], 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
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 statutes also allow the
Agency to renew exemptions at the end of the 2-year period. The 41
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 statutes.
Qualifications of Applicants
Richard A. Becker
Mr. Becker, age 31, has had ITDM since 1991. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Becker meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class D operator's license from
Arkansas.
David M. Bridges
Mr. Bridges, 54, has had ITDM since 2007. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bridges meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class A Commercial Driver's
License (CDL) from Maine.
Eric M. Butz
Mr. Butz, 28, has had ITDM since 2009. His endocrinologist examined
him in 2009 and certified that 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; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Butz meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His optometrist examined
him in 2009 and certified that he does not have diabetic retinopathy.
He holds a Class D operator's license from Ohio.
Gerald F. Crowley
Mr. Crowley, 38, has had ITDM since 2009. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Crowley meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from New York.
Paul J. Dematas
Mr. Dematas, 22, has had ITDM since 2001. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Dematas meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class D operator's license from
New York.
Scott J. Denham
Mr. Denham, 35, has had ITDM since 1980. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Denham meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Minnesota.
Larry E. Dickerson
Mr. Dickerson, 37, has had ITDM since 2009. His endocrinologist
examined him in 2009 and certified that 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; understands
[[Page 55892]]
diabetes management and monitoring; and has stable control of his
diabetes using insulin, and is able to drive a CMV safely. Mr.
Dickerson meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2009 and certified
that he does not have diabetic retinopathy. He holds a Class A CDL from
Georgia.
Lance W. Essex
Mr. Essex, 45, has had ITDM since 2008. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Essex meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Ohio.
Ferral F. Ford
Mr. Ford, 61, has had ITDM since 2006. His endocrinologist examined
him in 2009 and certified that 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; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Ford meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His optometrist examined
him in 2009 and certified that he does not have diabetic retinopathy.
He holds an operator's license from Indiana.
David E. Ginter
Mr. Ginter, 54, has had ITDM since 2004. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Ginter meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Pennsylvania.
William H. Goebel
Mr. Goebel, 60, has had ITDM since 2008. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Goebel meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Iowa.
Joseph L. Gray III
Mr. Gray, 42, has had ITDM since 1999. His endocrinologist examined
him in 2009 and certified that 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; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Gray meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2009 and certified that he has stable nonproliferative
diabetic retinopathy. He holds a Class B CDL from Pennsylvania.
Ryan R. Harris
Mr. Harris, 32, has had ITDM since 2005. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Harris meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Iowa.
Carroll J. Hartsell
Mr. Hartsell, 31, has had ITDM since 2004. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hartsell meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from West Virginia.
James S. Heinen
Mr. Heinen, 45, has had ITDM since 1985. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Heinen meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Wisconsin.
Rita A. Hopman
Ms. Hopman, 27, has had ITDM since 2003. Her endocrinologist
examined her in 2009 and certified that she 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; understands diabetes
management and monitoring; and has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Hopman meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2009 and certified that she does not have
diabetic retinopathy. She holds a Class D operator's license from
Connecticut.
Shelton P. Huber
Mr. Huber, 50, has had ITDM since 2009. His endocrinologist
examined him in 2009 and certified that 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
[[Page 55893]]
past 5 years; understands diabetes management and monitoring; and has
stable control of his diabetes using insulin, and is able to drive a
CMV safely. Mr. Huber meets the requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist examined him in 2009 and
certified that he does not have diabetic retinopathy. He holds a Class
D operator's license from Alabama.
Keith M. Huels
Mr. Huels, 30, has had ITDM since 2006. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Huels meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Arizona.
Daniel R. Jackson
Mr. Jackson, 64, has had ITDM since 2008. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Jackson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.
Ricky D. Jameson
Mr. Jameson, 48, has had ITDM since 1968. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Jameson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class F operator's license from
Missouri.
Michael A. Johnson
Mr. Johnson, 36, has had ITDM since 2007. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Johnson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class D operator's license from
Minnesota.
Justin D. Jones
Mr. Jones, 25, has had ITDM since 2006. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Jones meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class C operator's license from
Georgia.
Curtis W. Keelin, Jr.
Mr. Keelin, 41, has had ITDM since 2004. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Keelin meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Wyoming.
Andrew S. Knight
Mr. Knight, 52, has had ITDM since 2009. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Knight meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Illinois.
Patrick J. Krueger
Mr. Krueger, 42, has had ITDM since 1970. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Krueger meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Wisconsin.
Tammy L.F. Manuel
Ms. Manuel, 43, has had ITDM since 2009. Her endocrinologist
examined her in 2009 and certified that she 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; understands diabetes
management and monitoring; and has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Manuel meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
ophthalmologist examined her in 2009 and certified that she does not
have diabetic retinopathy. She holds a Class B CDL from South Carolina.
Francisco J. Martinez
Mr. Martinez, 44, has had ITDM since 2008. His endocrinologist
examined him in 2009 and certified that he has had no hypoglycemic
reactions resulting in loss
[[Page 55894]]
of consciousness, requiring the assistance of another person, or
resulting in impaired cognitive function that occurred without warning
in the past 5 years; understands diabetes management and monitoring;
and has stable control of his diabetes using insulin, and is able to
drive a CMV safely. Mr. Martinez meets the requirements of the vision
standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2009
and certified that he does not have diabetic retinopathy. He holds a
Class A CDL from Massachusetts.
Alan J. Maza
Mr. Maza, 64, has had ITDM since 2006. His endocrinologist examined
him in 2009 and certified that 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; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Maza meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His optometrist examined
him in 2009 and certified that he does not have diabetic retinopathy.
He holds an operator's license from Washington.
Allan C. Moore
Mr. Moore, 47 has had ITDM since 2009. His endocrinologist examined
him in 2009 and certified that 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; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Moore meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2009 and certified that he has stable nonproliferative
diabetic retinopathy. He holds a Class A CDL from Illinois.
Andrew W. Myer
Mr. Myer, 27, has had ITDM since 2008. His endocrinologist examined
him in 2009 and certified that 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; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Myer meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His optometrist examined
him in 2009 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Nebraska.
Robert R. Napier
Mr. Napier, 53 has had ITDM since 2008. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Napier meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from New York.
Chad A. Nelson
Mr. Nelson, 29 has had ITDM since 1994. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Nelson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Utah.
David W. Olson
Mr. Olson, 38 has had ITDM since 1991. His endocrinologist examined
him in 2009 and certified that 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; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Olson meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2009 and certified that he does not have diabetic
retinopathy. He holds a Class D operator's license from Arizona.
Mark Otto
Mr. Otto, 54, has had ITDM since 2009. His endocrinologist examined
him in 2009 and certified that 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; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Otto meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His optometrist examined
him in 2009 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from South Dakota.
Terry L. Riddell
Ms. Riddell, 54, has had ITDM since 2007. Her endocrinologist
examined her in 2009 and certified that she 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; understands diabetes
management and monitoring; and has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Riddell meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2009 and certified that she does not have
diabetic retinopathy. She holds a Class B CDL from Indiana.
Mark E. Pascoe
Mr. Pascoe, 50, has had ITDM since 2007. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Pascoe meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Wisconsin.
Rodney R. Rupe
Mr. Rupe, 41 has had ITDM since 1994. His endocrinologist examined
him in 2009 and certified that he has had no hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or
[[Page 55895]]
resulting in impaired cognitive function that occurred without warning
in the past 5 years; understands diabetes management and monitoring;
and has stable control of his diabetes using insulin, and is able to
drive a CMV safely. Mr. Rupe meets the requirements of the vision
standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in
2009 and certified that he has stable nonproliferative diabetic
retinopathy. He holds a Class D operator's license from Kentucky.
Darrell S. Seibold
Mr. Seibold, 41 has had ITDM since 2006. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Seibold meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Arizona.
Roger L. Summerfield
Mr. Summerfield, 54 has had ITDM since 2009. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Summerfield meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Wisconsin.
Daren D. White
Mr. White, 39 has had ITDM since 2003. His endocrinologist examined
him in 2009 and certified that 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; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. White meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His optometrist examined
him in 2009 and certified that he does not have diabetic retinopathy.
He holds a Class B CDL from Utah.
Jimmy P. Wright
Mr. Wright, 31, has had ITDM since 1992. His endocrinologist
examined him in 2009 and certified that 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; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Wright meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class C operator's
license from Texas.
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 (SAFETEA-
LU) 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) The elimination of the requirement for
three years of experience operating CMVs while being treated with
insulin; and (2) the 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. 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: October 21, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-26004 Filed 10-28-09; 8:45 am]
BILLING CODE 4910-EX-P