[Federal Register Volume 75, Number 89 (Monday, May 10, 2010)]
[Notices]
[Pages 25919-25924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10942]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket ID FMCSA-2010-0083]
Qualification of Drivers; Exemption Applications; Diabetes
Mellitus
AGENCY: Federal Motor Carrier Safety Administration (FMCSA).
ACTION: Notice of applications for exemptions from the diabetes
mellitus standard; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from 33 individuals
for exemptions from the prohibition for 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 June 9, 2010.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2010-0083 using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the
[[Page 25920]]
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 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 statute also allows the
Agency to renew exemptions at the end of the 2-year period. The 33
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 CMV 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
Spencer W. Alexander
Mr. Alexander, age 28, has had ITDM since 1993. 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
mellitus using insulin, and is able to drive a CMV safely. Mr.
Alexander 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 Utah.
Nelson Alvarez
Mr. Alvarez, 44, 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
mellitus using insulin, and is able to drive a CMV safely. Mr. Alvarez
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 Massachusetts.
Cody R. Anderson
Mr. Anderson, 26, 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
mellitus using insulin, and is able to drive a CMV safely. Mr. Anderson
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
Montana.
Ronnie L. Barker
Mr. Barker, 53, 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
mellitus using insulin, and is able to drive a CMV safely. Mr. Barker
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.
Eric D. Benham
Mr. Benham, 21, 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
mellitus using insulin, and is able to drive a CMV safely. Mr. Benham
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 chauffeur's license from Indiana.
Brian C. Blevins
Mr. Blevins, 23, 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
mellitus using insulin, and is able to drive a CMV safely. Mr. Blevins
meets the
[[Page 25921]]
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 Virginia.
Charles E. Bonner, Sr.
Mr. Bonner, 62, has had ITDM since 1982. 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
mellitus using insulin, and is able to drive a CMV safely. Mr. Bonner
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 Maryland.
Michael J. Brieske
Mr. Brieske, 50, has had ITDM since 1990. 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
mellitus using insulin, and is able to drive a CMV safely. Mr. Brieske
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.
Frederick Brown
Mr. Brown, 59, has had ITDM since 1998. His endocrinologist
examined him in 2010 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
mellitus using insulin, and is able to drive a CMV safely. Mr. Brown
meets the requirements of the vision standard at 49 CFR 391.41(b)(10).
His ophthalmologist examined him in 2010 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from New Mexico.
William D. Elam, Jr.
Mr. Elam, 37, 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 mellitus using
insulin, and is able to drive a CMV safely. Mr. Elam 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 Illinois.
Devin S. Gibson
Mr. Gibson, 49, has had ITDM since 1996. 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
mellitus using insulin, and is able to drive a CMV safely. Mr. Gibson
meets the requirements of the vision standard at 49 CFR 391.41(b)(10).
His ophthalmologist examined him in 2010 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Utah.
Lewis M. Hendershott
Mr. Hendershott, 60, has had ITDM since 2004. His endocrinologist
examined him in 2010 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
mellitus using insulin, and is able to drive a CMV safely. Mr.
Hendershott 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 Jersey.
Mark E. Henning
Mr. Henning, 51, has had ITDM since 1990. His endocrinologist
examined him in 2010 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
mellitus using insulin, and is able to drive a CMV safely. Mr. Henning
meets the requirements of the vision standard at 49 CFR 391.41(b)(10).
His ophthalmologist examined him in 2010 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from New York.
Duane C. Jackson
Mr. Jackson, 63, has had ITDM since 2000. 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
mellitus 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 ophthalmologist examined him in 2010 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Minnesota.
John J. Long
Mr. Long, 49, 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 mellitus using
insulin, and is able to drive a CMV safely. Mr. Long 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 California.
Jerry A. McMurdy
Mr. McMurdy, 70, has had ITDM since 2009. His endocrinologist
examined him in 2010 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
mellitus using insulin, and is able to drive a CMV safely. Mr. McMurdy
meets
[[Page 25922]]
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2010 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.
Steven L. Miller
Mr. Miller, 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
mellitus using insulin, and is able to drive a CMV safely. Mr. Miller
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 North Dakota.
Joe E. Montoya
Mr. Montoya, 73, 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
mellitus using insulin, and is able to drive a CMV safely. Mr. Montoya
meets the requirements of the vision standard at 49 CFR 391.41(b)(10).
His optometrist examined him in 2010 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from New Mexico.
Jonathan A. Morisoli
Mr. Morisoli, 32, has had ITDM since 2009. His endocrinologist
examined him in 2010 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
mellitus using insulin, and is able to drive a CMV safely. Mr. Morisoli
meets the requirements of the vision standard at 49 CFR 391.41(b)(10).
His optometrist examined him in 2010 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from California.
Timothy J. Nowak
Mr. Nowak, 46, has had ITDM since 1996. His endocrinologist
examined him in 2010 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
mellitus using insulin, and is able to drive a CMV safely. Mr. Nowak
meets the requirements of the vision standard at 49 CFR 391.41(b)(10).
His optometrist examined him in 2010 and certified that he does not
have diabetic retinopathy. He holds a Class C operator's license from
Georgia.
Lawrence W. Patterson, Jr.
Mr. Patterson, 57, 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
mellitus using insulin, and is able to drive a CMV safely. Mr.
Patterson 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 Missouri.
Peter J. Pendola
Mr. Pendola, 36, 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
mellitus using insulin, and is able to drive a CMV safely. Mr. Pendola
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 an operator's license from
Virginia.
Frederick E. Robinson
Mr. Robinson, 63, has had ITDM since 2002. 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
mellitus using insulin, and is able to drive a CMV safely. Mr. Robinson
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 B CDL from New Jersey.
Larry D. Schweisberger
Mr. Schweisberger, 57, has had ITDM since 2002. 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
mellitus using insulin, and is able to drive a CMV safely. Mr.
Schweisberger 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
Missouri.
Joseph C. Shaw
Mr. Shaw, 61, has had ITDM since 2010. His endocrinologist examined
him in 2010 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 mellitus using
insulin, and is able to drive a CMV safely. Mr. Shaw meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2010 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Indiana.
Michael Shuler
Mr. Shuler, 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
mellitus
[[Page 25923]]
using insulin, and is able to drive a CMV safely. Mr. Shuler 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 Washington, D.C.
Kevin C. Simerick
Mr. Simerick, 27, has had ITDM since 1988. 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
mellitus using insulin, and is able to drive a CMV safely. Mr. Simerick
meets the requirements of the vision standard at 49 CFR 391.41(b)(10).
His ophthalmologist examined him in 2010 and certified that he has
stable nonproliferative diabetic retinopathy. He holds an operator's
license from Michigan.
Matthew E. Sipel
Mr. Sipel, 37, has had ITDM since 2002. 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
mellitus using insulin, and is able to drive a CMV safely. Mr. Sipel
meets the requirements of the vision standard at 49 CFR 391.41(b)(10).
His optometrist examined him in 2010 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Pennsylvania.
Michael S. Tanko
Mr. Tanko, 53, has had ITDM since 2007. His endocrinologist
examined him in 2010 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
mellitus using insulin, and is able to drive a CMV safely. Mr. Tanko
meets the requirements of the vision standard at 49 CFR 391.41(b)(10).
His optometrist examined him in 2010 and certified that he does not
have diabetic retinopathy. He holds a Class R operator's license from
Colorado, which allows him to operate any motor vehicle with a gross
weight of less than 26,001 pounds.
James P. Tomasik
Mr. Tomasik, 23, has had ITDM since 2006. His endocrinologist
examined him in 2010 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
mellitus using insulin, and is able to drive a CMV safely. Mr. Tomasik
meets the requirements of the vision standard at 49 CFR 391.41(b)(10).
His optometrist examined him in 2010 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Pennsylvania.
Leonard D. Tournear
Mr. Tournear, 53, has had ITDM since 2009. His endocrinologist
examined him in 2010 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
mellitus using insulin, and is able to drive a CMV safely. Mr. Tournear
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 Illinois.
Booker T. Ware
Mr. Ware, 60, has had ITDM since 2009. His endocrinologist examined
him in 2010 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 mellitus using
insulin, and is able to drive a CMV safely. Mr. Ware meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2010 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Mississippi.
Joseph H. Watkins
Mr. Watkins, 57, has had ITDM since 2009. His endocrinologist
examined him in 2010 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
mellitus using insulin, and is able to drive a CMV safely. Mr. Watkins
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 Indiana.
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).
---------------------------------------------------------------------------
\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) 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 U.S.C. 31136(e).
[[Page 25924]]
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: April 26, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-10942 Filed 5-7-10; 8:45 am]
BILLING CODE 4910-EX-P