[Federal Register: March 4, 2009 (Volume 74, Number 41)]
[Notices]
[Page 9467-9471]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr09-110]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket ID. FMCSA-2009-0055]
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 24 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 April 3, 2009.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2009-0055 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.
[[Page 9468]]
Fax: 1-202-493-2251.
Each submission must include the Agency name and the docket ID for
this 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 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 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://Docketinfo.dot.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs, (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
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 24
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
Lloyd R. Ackley, Jr.
Mr. Ackley, age 55, has had ITDM since 2007. His endocrinologist
examined him in 2008 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. Ackley meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class A commercial driver's license
(CDL) from New York.
Scott D. Baroch
Mr. Baroch, 40, has had ITDM since 1981. His endocrinologist
examined him in 2008 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. Baroch meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he has stable
proliferative diabetic retinopathy. He holds a Class A CDL from
Montana.
Kelly G. Bauman
Mr. Bauman, 42, has had ITDM since 2008. His endocrinologist
examined him in 2008 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. Bauman meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class C operator's license from
Wyoming.
Martin J. Bowsher
Mr. Bowsher, 56, has had ITDM since 2003. His endocrinologist
examined him in 2008 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. Bowsher meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Arizona.
Michael G. Chisum
Mr. Chisum, 55, has had ITDM since 1993. His endocrinologist
examined him in 2008 and certified that he has had one symptomatic
hypoglycemic reaction in the past 5 years, that did not result in loss
of consciousness, require the assistance of another person, or result
in impaired cognitive function that occurred without warning. He
understands diabetes management and monitoring; has stable control of
his diabetes using insulin, and is able to drive a CMV safely. Mr.
Chisum meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2008 and certified
that he does not have diabetic retinopathy. He holds a Class B CDL from
New Mexico.
Timothy N. Davenport
Mr. Davenport, 48, has had ITDM since 1992. His endocrinologist
examined him in 2008 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. Davenport meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he does not
have diabetic retinopathy. He holds a Class D operator's license from
Tennessee.
Ryan S. Ficke
Mr. Ficke, 24, has had ITDM since 1997. His endocrinologist
examined him in 2008 and certified that he has had one hypoglycemic
reaction due to low blood sugar and hot weather resulting in
[[Page 9469]]
loss of consciousness, requiring the assistance of another person, and
resulting in impaired cognitive function that occurred without warning
in the past 5 years. According to his endocrinologist, he understands
diabetes management and monitoring; and now has stable control of his
diabetes using insulin, and is able to drive a CMV safely. Mr. Ficke
meets the requirements of the vision standard at 49 CFR 391.41(b)(10).
His optometrist examined him in 2008 and certified that he does not
have diabetic retinopathy. He holds a Class C operator's license from
California.
James P. Gilmore
Mr. Gilmore, 39, has had ITDM since 1996. His endocrinologist
examined him in 2008 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. Gilmore meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he has stable
proliferative diabetic retinopathy. He holds a Class D operator's
license from Massachusetts.
Henry S. Glover
Mr. Glover, 39, 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. Glover 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 Texas.
James R. Halliday
Mr. Halliday, 46, has had ITDM since 1989. His endocrinologist
examined him in 2008 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. Halliday meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he has stable
non-proliferative diabetic retinopathy. He holds a Class D operator's
license from New York.
Nathan M. Hennix
Mr. Hennix, 26, 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. Hennix meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class D operator's license from North
Dakota.
Jeffrey D. Horsey
Mr. Horsey, 49, has had ITDM since 2008. His endocrinologist
examined him in 2008 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. Horsey meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Delaware.
Wilbert E. Isadore
Mr. Isadore, 56, has had ITDM since 2008. His endocrinologist
examined him in 2008 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. Isadore meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Texas.
Andrew J. Lunsford
Mr. Lunsford, 54, has had ITDM since 2006. His endocrinologist
examined him in 2008 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. Lunsford meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class CA CDL from Michigan.
Eddie J. Nosser
Mr. Nosser, 50, has had ITDM since 2005. His endocrinologist
examined him in 2008 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. Nosser meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Missouri.
Paul J. O'Neal, Jr.
Mr. O'Neal, 55, has had ITDM since 1991. His endocrinologist
examined him in 2008 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. O'Neal meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he does not
have diabetic retinopathy. He holds an operator's license from
Virginia.
[[Page 9470]]
Larry W. Partridge
Mr. Partridge, 56, has had ITDM since 2004. His endocrinologist
examined him in 2008 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. Partridge meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Arkansas.
Joseph C. Perrin, III
Mr. Perrin, 48, has had ITDM since 2008. His endocrinologist
examined him in 2008 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. Perrin meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from Minnesota.
Debra A. Pipes
Ms. Pipes, 55, has had ITDM since 2005. Her endocrinologist
examined her in 2008 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. Pipes meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2008 and certified that she does not have
diabetic retinopathy. She holds a Class B CDL from Indiana.
Michael J. Rouark
Mr. Rouark, 49, has had ITDM since 1999. His endocrinologist
examined him in 2008 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. Rouarck meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class D operator's license from
Kentucky.
John T. Savelsberg, III
Mr. Savelsberg, 31, has had ITDM since 2004. His endocrinologist
examined him in 2008 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. Savelsberg 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 am operator's license from Virginia.
Scott C. Sisk
Mr. Sisk, 40, has had ITDM since 1984. His endocrinologist examined
him in 2008 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. Sisk meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist and
optometrist examined him in 2008 and certified that he has stable non-
proliferative diabetic retinopathy. He holds a Class C operator's
license from Georgia.
Ronald A. Stachura
Mr. Stachura, 35, 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. Stachura 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 ABCD from Wisconsin.
Chris M. Testa
Mr. Testa, 46, has had ITDM since 2004. His endocrinologist
examined him in 2008 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. Testa meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from New Jersey.
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
[[Page 9471]]
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: February 26, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-4577 Filed 3-3-09; 8:45 am]
BILLING CODE 4910-EX-P