[Federal Register Volume 69, Number 140 (Thursday, July 22, 2004)]
[Notices]
[Page 43878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16688]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration


Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of denials.

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SUMMARY: The FMCSA announces its denial of 39 applications from 
individuals who requested an exemption from the Federal diabetes 
standard applicable to interstate truck drivers and the reasons for the 
denials. The FMCSA has statutory authority to exempt individuals from 
the diabetes standard if the exemptions granted will not compromise 
safety. The agency has concluded that granting these exemptions does 
not provide a level of safety that will equal or exceed the level of 
safety maintained without the exemptions for these commercial motor 
vehicle drivers.

FOR FURTHER INFORMATION CONTACT: Ms. W. Teresa Doggett, Office of Bus 
and Truck Standards and Operations (MC-PSD), (202) 366-2990, Department 
of Transportation, FMCSA, 400 Seventh Street, SW., Washington, DC 
20590-0001. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday 
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption 
from the Federal diabetes standard for commercial drivers with insulin-
treated diabetes mellitus for a renewable 2-year period if it finds 
such an exemption would likely achieve a level of safety that is 
equivalent to, or greater than, the level that would be achieved absent 
such an exemption (49 CFR 381.305(a)).
    Accordingly, FMCSA evaluated 39 individual exemption requests on 
their merits and made a determination that these applicants do not 
satisfy the criteria established to demonstrate that granting an 
exemption is likely to achieve an equal or greater level of safety than 
exists without the exemption. Each applicant has, prior to this notice, 
received a letter of final disposition on his/her individual exemption 
request. Those decision letters fully outline the basis for the denial 
and constitute final agency action. The list published today summarizes 
the agency's recent denials as required under 49 U.S.C. 31315(b)(4) by 
periodically publishing names and reasons for denials.
    The following 22 applicants lacked sufficient recent driving 
experience under normal highway operating conditions over the previous 
three years that would serve as an adequate predictor of future safe 
performance:
    Broderick, James A., Christensen, Gary C., Clemens, Stephen R., 
Curtis, James T., Eudy, Charles K., Ewen, Rex C., Fernald, Frank L., 
Goodman, Timothy L., Hankel, Jr., Charles T., Hansen, Gerald P., 
Kingston, Franklin P., Koenig-Warren, Linda L., Kruse, Edward V., 
Leisgang, Gregory A., Monroe, Tommie A., McClaflin, David E., Nelson, 
Ronald W., Pflugler, Jr., Robert L., Ruhmann, Wayne, Schooler, Michael 
D., Stock, Anthony E., Wright, Darryl L.
    One applicant, Mr. Ken Greer, does not have any experience 
operating a commercial motor vehicle (CMV) and therefore presented no 
evidence from which FMCSA can conclude that granting the exemption is 
likely to achieve a level of safety equal to that existing without the 
exemption.
    The following 5 applicants do not have 3 years of experience 
driving a CMV on public highways with insulin-treated diabetes 
mellitus: Choy, Jorge L., Sewell, Dean A., Thiel, Samuel G., Walters, 
Leonard D., Zoller, Steven R.
    Three applicants, Mr. Ronald G. Gross, Mr. Israel Hernandez, and 
Mr. Thomas E. Richards, do not have recent experience driving a CMV. 
Applicants must have driven for at least the three years preceding 
their filing of an application for an exemption.
    One applicant, Mr. John C. Nickles, does not have insulin-treated 
diabetes mellitus and does not need the exemption.
    One applicant, Mr. Lowell T. Tucker, contributed to a crash while 
operating a CMV, which is a disqualifying offense.
    Two applicants, Mr. Joseph C. McMasters and Mr. Nicholas C. 
Stanley, did not hold a license that allowed operation of vehicles over 
10,000 pounds for all or part of the 3-year period.
    One applicant, Mr. Brian F. Beebe was denied for multiple reasons.
    Two applicants, Mr. Alfred Gjaltema and Mr. Cory L. Swanson, 
provided false documentation during the application process.
    The commercial driver's license of one applicant, Mr. James G. 
Arnoldussen, was suspended during the 3-year period because of a moving 
violation. Applicants do not qualify for an exemption with a suspension 
during the 3-year period.

    Issued on: July 14, 2004.
Pamela M. Pelcovits,
Director of Policy, Plans and Regulations.
[FR Doc. 04-16688 Filed 7-21-04; 8:45 am]
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