[Federal Register Volume 70, Number 242 (Monday, December 19, 2005)]
[Notices]
[Pages 75236-75238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7494]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-22905]


Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of applications for exemption from the diabetes 
standard; request for comments.

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SUMMARY: FMCSA announces receipt of applications from six 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 as drivers of commercial motor 
vehicles in interstate commerce.

DATES: Comments must be received on or before January 18, 2006.

ADDRESSES: You may submit comments by any of the following methods. 
Please label your comments with DOT DMS Docket Number FMCSA-2005-22905.
     Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
    All submissions must include the agency name and docket number for 
this notice. Note that all comments received will be posted without 
change to http://dms.dot.gov, including any personal information 
provided. Please see the Privacy Act heading under Regulatory Notices. 
To read background documents

[[Page 75237]]

or comments received, go to http://dms.dot.gov or to Room PL-401 on the 
plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC between 9 a.m. and 5 p.m. Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical 
Qualifications Division, (202) 366-4001, FMCSA, Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. 
Office hours are from 8 a.m. to 5 p.m., e.t., Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION: 
    Public Comments: The DMS is generally available 24 hours each day, 
except when announced system maintenance requires a brief interruption 
in service. You can get electronic submission and retrieval help 
guidelines under the ``help'' section of the DMS Web site. If you want 
us to notify you that we received your comments, please include a self-
addressed, stamped envelope or postcard. An acknowledgement page 
appears after submitting comments on-line and can be printed to 
document submission of comments.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
Department of Transportation's complete Privacy Act statement in the 
Federal Registerpublished April 11, 2000 (65 FR 19477-78) or you may 
visit http://dms.dot.gov.

Background

    Under 49 U.S.C. 31315 and 31136(e), the 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 six 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 statute.

Qualifications of Applicants

Daryle W. Belcher

    Mr. Belcher, 63, has had ITDM since 2000. 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. His 
endocrinologist examined him in 2005 and stated, ``He has been 
extremely willing to properly monitor and manage his diabetes.'' Mr. 
Belcher meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His ophthalmologist examined him in 2005 and certified 
that he does not have diabetic retinopathy. He holds a Class B 
Commercial Driver's License (CDL) from Texas.

William H. Gardner

    Mr. Gardner, 34, has had ITDM since 1981. 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. His 
endocrinologist examined him in 2005 and stated, ``He is stable on the 
current insulin regimen, understands diabetes management and 
monitoring, and is able to drive a commercial motor vehicle safely.'' 
He holds a Class A CDL from California.

Roy G. Hill

    Mr. Hill, 43, has had ITDM since 1975. 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. His endocrinologist 
examined him in 2005 and stated, ``Mr. Hill has demonstrated the 
ability to monitor and manage his diabetes.'' Mr. Hill meets the 
requirements of the vision standard at 49 CFR 391.41 (b)(10). His 
ophthalmologist examined him in 2005 and certified that there is no 
evidence of diabetic retinopathy He holds a Class A CDL from Kentucky.

Anthony D. Izzi

    Mr. Izzi, 45, has had ITDM since 2000. 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. His endocrinologist 
examined him in 2005 and stated, ``He demonstrates willingness to 
properly monitor and manage his diabetes without difficulty and with 
success.'' Mr. Izzi meets the requirements of the vision standard at 49 
CFR 391.41 (b)(10). His ophthalmologist examined him in 2005 and 
certified that he does not have diabetic retinopathy He holds an 
operator's license from Rhode Island.

Ronald D. Paul

    Mr. Paul, 58, has had ITDM since 1980. 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. His endocrinologist 
examined him in 2005 and stated, ``Mr. Paul has demonstrated 
willingness to properly monitor and manage his diabetes.'' Mr. Paul 
meets the requirements of the vision standard at 49 CFR 391.41 (b)(10). 
His ophthalmologist examined him in 2005 and certified that he does 
have stable mild background diabetic retinopathy. He holds a Class B 
CDL from New Hampshire.

Kenneth L. Pogue

    Mr. Pogue, 46, has had ITDM since 1997. 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. His endocrinologist 
examined him in 2005 and stated, ``Mr. Pogue is well educated regarding 
his diabetes and its management. Mr. Pogue has demonstrated willingness 
to properly monitor and manage his diabetes.'' Mr. Pogue meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2005 and stated, ``There was no 
evidence of diabetic retinopathy present.'' He holds a Class A CDL from 
Missouri.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), the 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 earlier in 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 begin within 90 days of enactment to 
revise the September 3, 2003 (68 FR 52441), notice of final 
disposition, to allow drivers who use insulin to treat diabetes to

[[Page 75238]]

operate CMVs in interstate commerce.\1\ The revision must provide for 
individual assessment of drivers with diabetes mellitus, and be 
consistent with the criteria described in section 4018 of TEA-21.
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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 two substantive changes to be made in the 
current exemption process set out in the September 3, 2003 Notice. As 
required by section 4129(b) and (c), the changes are: (1) Elimination 
of the requirement for three years of experience operating CMVs while 
being treated with insulin; and (2) establishment of a specified 
minimum period of insulin dose to demonstrate stable control of 
diabetes before being allowed to operate a CMV.
    In order to accomplish these changes within the 90-day time frame 
established by section 4129, FMCSA made immediate revisions to the 
diabetes exemption program established by the September 3, 2003 Notice. 
These revisions were those necessary to respond to the specific changes 
mandated by section 4129 while continuing to ensure that operation of 
CMVs by drivers with ITDM will achieve the necessary level of safety as 
also required by section 4129(a).
    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). All of the requirements set out in the September 3, 2003 
Notice, except as modified in the Notice in the Federal Register on 
November 8, 2005 (70 FR 67777), remain in effect.

    Issued on: December 13, 2005.
Annette M. Sandberg,
Administrator.
 [FR Doc. E5-7494 Filed 12-16-05; 8:45 am]
BILLING CODE 4910-EX-P