[Federal Register Volume 75, Number 98 (Friday, May 21, 2010)]
[Notices]
[Pages 28677-28682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12186]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket ID FMCSA-2010-0115]
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.
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SUMMARY: FMCSA announces receipt of applications from 37 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 CMVs in interstate commerce.
DATES: Comments must be received on or before June 21, 2010.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2010-0115 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,
[[Page 28678]]
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 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://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 37
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
Billy Banks
Mr. Banks, age 45, has had ITDM since 1999. 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. Banks
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 proliferative diabetic retinopathy. He holds a Class E
operator's license from New York which allows him to operate a vehicle
with a gross vehicle weight rating (GVWR) of 26,000 lbs.
Joseph P. Beagan
Mr. Beagan, 45, has had ITDM since 1979. 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. Beagan
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 10 operator's license from
Rhode Island, which allows him to operate any motor vehicle except a
motorcycle and a vehicle that weighs more than 26,000 pounds.
John M. Charlton
Mr. Charlton, 34, 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. Charlton
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
Commercial Driver's License (CDL) from Utah.
Stuart A. Dietz
Mr. Dietz, 60, 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. Dietz
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 Kansas.
Marie C. Eddy
Ms. Eddy, 50, has had ITDM since 1991. 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 mellitus using
insulin, and is able to drive a CMV safely. Ms. Eddy meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
ophthalmologist examined her in 2009 and certified that she has stable
nonproliferative diabetic retinopathy. She holds a Class D operator's
license from Vermont.
Michael G. Eikenberry
Mr. Eikenberry, 55, 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.
Eikenberry meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2009 and
[[Page 28679]]
certified that he does not have diabetic retinopathy. He holds a Class
A CDL from Indiana.
Francisco K. Gallardo
Mr. Gallardo, 50, has had ITDM since 2005. 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. Gallardo
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 Arizona.
John P. Gould
Mr. Gould, 44, has had ITDM since 1982. 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. Gould
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 D operator's license from
Alaska.
David B. Graef
Mr. Graef, 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. Graef
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 Indiana.
Jason C. Green
Mr. Green, 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
mellitus using insulin, and is able to drive a CMV safely. Mr. Green
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
Mississippi, which allows him to drive any non-commercial vehicle
except motorcycles.
Kimmy D. Hall
Mr. Hall, 51, has had ITDM since 1983. 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. Hall 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
Arkansas.
Bruce G. Hammill, Jr.
Mr. Hammill, 32, has had ITDM since 2008. 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. Hammill
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 California.
Edward G. Harbin
Mr. Harbin, 29, 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. Harbin
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 Arkansas.
Timothy R. Hefling
Mr. Hefling, 48, 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. Hefling
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 proliferative diabetic retinopathy. He holds a Class A CDL from
Indiana.
Christopher M. Hultman
Mr. Hultman, 29, has had ITDM since 1993. 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. Hultman
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 Wisconsin.
Michael R. Jackson
Mr. Jackson, 48, 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
[[Page 28680]]
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 2 operator's license from
Connecticut.
Gerald A. Johnson
Mr. Johnson, 48, has had ITDM since 2008. 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. Johnson
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 Wisconsin.
Jay T. Kirschmann
Mr. Kirschmann, 32, has had ITDM since 1985. 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.
Kirschmann 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 D operator's
license from North Dakota.
Duane K. Kohls
Mr. Kohls, 55, has had ITDM since 1997. 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. Kohls
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 Minnesota.
John F. Lohmuller
Mr. Lohmuller, 55, 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.
Lohmuller 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
Indiana.
Rodney A. Markham
Mr. Markham, 54, 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. Markham
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 Wisconsin.
Christopher P. Martin
Mr. Martin, 31, 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. Martin
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 OPR-MC
operator's license from New Hampshire, which allows him to drive any
non-commercial vehicle.
H. Alan Miller
Mr. Miller, 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
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 B CDL from Oregon.
Andrew D. Monson
Mr. Monson, 36, 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. Monson
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 Minnesota.
Cheryl T. Murphy
Ms. Murphy, 50, has had ITDM since 2008. Her endocrinologist
examined her in 2010 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
mellitus using insulin, and is able to drive a CMV safely. Ms. Murphy
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 D operator's license
from Washington, DC.
Kurt D. Oertelt
Mr. Oertelt, 59, 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
[[Page 28681]]
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.
Oertelt 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 York.
Joseph M. Pirrello
Mr. Pirrello, 56, 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. Pirrello
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 D operator's license from
New Jersey.
Audrey R. Roddy
Ms. Roddy, 44, has had ITDM since 2001. 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
mellitus using insulin, and is able to drive a CMV safely. Ms. Roddy
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 Michigan.
Theodore J. Rolfe
Mr. Rolfe, 42, 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. Rolfe
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 Maine.
Ross R. Romano
Mr. Romano, 23, has had ITDM since 2000. 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. Romano
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 O operator's license from
Michigan, which allows him to drive any non-commercial vehicle except
motorcycles
Max S. Sklarski
Mr. Sklarski, 61, 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. Sklarski
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 New Mexico.
Gerald J. Solwey
Mr. Solwey, 63, 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. Solwey
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 North Dakota.
Darren G. Steil
Mr. Steil, 41, has had ITDM since 1986. 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. Steil
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 Iowa.
Jason D. Sweet
Mr. Sweet, 34, 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. Sweet
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 C operator's license from
California.
Robert M. Thomson
Mr. Thomson, 37, has had ITDM since 2002. 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. Thomson
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 B CDL
from Illinois.
Kevin R. Welch
Mr. Welch, 50, has had ITDM since 2009. His endocrinologist
examined him
[[Page 28682]]
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. Welch 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 Florida.
Scott A. Yon
Mr. Yon, 44, 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. Yon 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 Pennsylvania.
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: May 13, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-12186 Filed 5-20-10; 8:45 am]
BILLING CODE 4910-EX-P