[Federal Register Volume 74, Number 80 (Tuesday, April 28, 2009)]
[Notices]
[Pages 19271-19275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9612]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID FMCSA-2009-0115]


Qualification of Drivers; Exemption Applications; Diabetes

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

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

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SUMMARY: FMCSA announces receipt of applications from 27 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 commercial motor vehicles in 
interstate commerce.

DATES: Comments must be received on or before May 28, 2009.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2009-0115 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.

[[Page 19272]]

     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://Docketinfo.dot.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 statutes also allow the 
Agency to renew exemptions at the end of the 2-year period. The 27 
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 statutes.

Qualifications of Applicants

Carroll F. Aardema

    Mr. Aardema, age 66, 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 using 
insulin, and is able to drive a CMV safely. Mr. Aardema 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 Commercial Driver's License 
(CDL) from Michigan.

Edward F. Back, III

    Mr. Back, 47, 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; has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Back 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 Virginia.

Aaron Bailey

    Mr. Bailey, 44, has had ITDM since 2005. His endocrinologist 
examined him in 2008 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 using 
insulin, and is able to drive a CMV safely. Mr. Bailey meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2008 and certified that he does not have 
diabetic retinopathy. He holds a Class D operator's license from 
Massachusetts.

Mirsad Beganovic

    Mr. Beganovic, 47, 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 using 
insulin, and is able to drive a CMV safely. Mr. Beganovic 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 
Michigan.

Carol J. Brummel

    Ms. Brummel, 46, has had ITDM since 1997. Her endocrinologist 
examined her in 2008 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 using 
insulin, and is able to drive a CMV safely. Ms. Brummel meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
ophthalmologist examined her in 2008 and certified that she does not 
have diabetic retinopathy. She holds a Class C operator's license from 
Iowa.

Paul R. Caudill

    Mr. Caudill, 53, has had ITDM since 2007. His endocrinologist 
examined him in 2008 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 using 
insulin, and is able to drive a CMV safely. Mr. Caudill meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2008 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Mississippi.

Bernia G. Denegar

    Mr. Denegar, 59, has had ITDM since 2007. His endocrinologist 
examined him

[[Page 19273]]

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 using insulin, 
and is able to drive a CMV safely. Mr. Denegar meets the requirements 
of the vision standard at 49 CFR 391.41(b)(10). His optometrist 
examined him in 2008 and certified that he does not have diabetic 
retinopathy. He holds a Class B CDL from New Jersey.

Felipe Guerra, Jr.

    Mr. Guerra, 62, 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 using 
insulin, and is able to drive a CMV safely. Mr. Guerra meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2009 and certified that he has does not 
have diabetic retinopathy. He holds a Class A CDL from Ohio.

Michael K. Gunn

    Mr. Gunn, 55, has had ITDM since 2004. His endocrinologist examined 
him in 2008 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 using insulin, 
and is able to drive a CMV safely. Mr. Gunn 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 Wisconsin.

Steven D. Hancock

    Mr. Hancock, 43, 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 using 
insulin, and is able to drive a CMV safely. Mr. Hancock 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 Indiana.

George E. Hardman

    Mr. Hardman, 65, 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 using 
insulin, and is able to drive a CMV safely. Mr. Hardman meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2008 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Georgia.

David L. Hottell

    Mr. Hottell, 51, has had ITDM since 1987. 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 using 
insulin, and is able to drive a CMV safely. Mr. Hottell 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 
California.

Marlin K. Johnson

    Mr. Johnson, 68, has had ITDM since 2008. His endocrinologist 
examined him in 2008 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 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 2008 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Minnesota.

Joshua L. Kroetch

    Mr. Kroetch, 28, has had ITDM since 1984. His endocrinologist 
examined him in 2008 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 using 
insulin, and is able to drive a CMV safely. Mr. Kroetch meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2008 and certified that he does not 
have diabetic retinopathy. He holds a Class D operator's license from 
Minnesota.

Thomas E. Kusinsky

    Mr. Kusinsky, 55, has had ITDM since 2007. His endocrinologist 
examined him in 2008 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 using 
insulin, and is able to drive a CMV safely. Mr. Kusinsky meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2008 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from California.

David S. Maynard

    Mr. Maynard, 56, has had ITDM since 2006. His endocrinologist 
examined him in 2008 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 using 
insulin, and is able to drive a CMV safely. Mr. Maynard 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.

Gareth L. Miller

    Mr. Miller, 44, has had ITDM since 2007. His endocrinologist 
examined him in 2009 and certified that he has had no

[[Page 19274]]

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 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 Ohio.

Joseph C. Minnier

    Mr. Minnier, 31, has had ITDM since 2004. His endocrinologist 
examined him in 2008 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 using 
insulin, and is able to drive a CMV safely. Mr. Minnier meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2008 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Washington.

Brian K. Moore

    Mr. Moore, 47, 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 using 
insulin, and is able to drive a CMV safely. Mr. Moore 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 Tennessee.

Zachary T. Patton

    Mr. Patton, 28, has had ITDM since 1992. 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 using 
insulin, and is able to drive a CMV safely. Mr. Patton 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 
Arizona.

Edward R. Peters

    Mr. Peters, 55, has had ITDM since 1973. His endocrinologist 
examined him in 2008 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 using 
insulin, and is able to drive a CMV safely. Mr. Peters meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2008 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class C operator's 
license from Pennsylvania.

Terry L. Robinett

    Mr. Robinett, 62, has had ITDM since 1983. His endocrinologist 
examined him in 2008 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 using 
insulin, and is able to drive a CMV safely. Mr. Robinett meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2008 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Arkansas.

Mark E. Strunk

    Mr. Strunk, 46, has had ITDM since 1983. His endocrinologist 
examined him in 2008 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 using 
insulin, and is able to drive a CMV safely. Mr. Strunk meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2008 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class C operator's 
license from Pennsylvania.

Scot J. Suhr

    Mr. Suhr, 40, 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 using insulin, 
and is able to drive a CMV safely. Mr. Suhr 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.

Michael R. Sullivan

    Mr. Sullivan, 51, 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 using 
insulin, and is able to drive a CMV safely. Mr. Sullivan meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2009 and certified that he has does not 
have diabetic retinopathy. He holds a Class 10 operator's license from 
Rhode Island, which qualifies him to drive any motor vehicle, except a 
commercial motor vehicle, an articulated vehicle, or combination of 
motor vehicle and trailer where the gross weight of the trailer is more 
than 10,000 pounds.

Kenneth R. Walker

    Mr. Walker, 40, 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 using 
insulin, and is able to drive a CMV safely. Mr. Walker meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2009

[[Page 19275]]

and certified that he does not have diabetic retinopathy. He holds a 
Class A CDL from Tennessee.

Blake A. Woolman

    Mr. Woolman, 24, has had ITDM since 1989. 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 using 
insulin, and is able to drive a CMV safely. Mr. Woolman 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 Missouri.

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 U.S.C. 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: April 21, 2009.
Charles A. Horan III,
Acting Associate Administrator for Policy and Program Development.
[FR Doc. E9-9612 Filed 4-27-09; 8:45 am]
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