[Federal Register Volume 70, Number 5 (Friday, January 7, 2005)]
[Notices]
[Page 1501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-296]


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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 8 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 would 
not provide a level of safety that will equal or exceed the level of 
safety maintained without the exemptions for these commercial motor 
vehicle (CMV) drivers.

FOR FURTHER INFORMATION CONTACT: Ms. Maggie Gunnels, Office of Bus and 
Truck Standards and Operations, (MC-PSD), (202) 366-4001, 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 8 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.
    Four applicants, Brian J. Carew, Dale R. Gansz, Thomas J. Martin, 
and Uve Witsch, 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.
    Two applicants, James F. Gaab and Armand O. Rondeau, do not have 3 
years of experience driving a CMV on public highways with insulin-
treated diabetes mellitus.
    One applicant from Canada, Norman Peltzer, applied for an 
exemption. The medical reciprocity agreement between the United States 
(U.S.) and Canada prohibits U.S. and Canadian CMV drivers who are 
insulin-using diabetics from trans-border operations. In addition, an 
exemption from the diabetes standard is valid for operations only 
within the U.S. It does not exempt the driver from the physical 
qualification standards of any bordering jurisdiction.
    One applicant, Joseph R. Suits, did not hold a license that allowed 
for operation of a vehicle with a gross combination weight rating over 
26,001 lbs. for all or part of the 3-year period.

    Issued on: December 28, 2004.
Pamela M. Pelcovits,
Director, Policy, Plans, and Program Development.
[FR Doc. 05-296 Filed 1-6-05; 8:45 am]
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