[Federal Register Volume 75, Number 123 (Monday, June 28, 2010)]
[Notices]
[Pages 36775-36778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15673]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0162]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

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

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SUMMARY: FMCSA announces receipt of applications from 20 individuals 
for exemption 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 July 28, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2010-0162 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, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: 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 
from the Federal Motor Carrier Safety Regulations 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 20 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

Gary L. Alexander

    Mr. Alexander, age 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Alexander 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 Commercial Driver's 
License (CDL) from Missouri.

Michael J. Baron

    Mr. Baron, 43, has had ITDM since 1987. 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

[[Page 36776]]

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. Baron 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 Georgia.

Daniel E. Bergstresser

    Mr. Bergstresser, 54, 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Bergstresser 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 New York.

Neil H. Buchner

    Mr. Buchner, 52, 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Buchner 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 Wisconsin.

Charles L. Cheeseboro, Sr.

    Mr. Cheeseboro, 56, 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Cheeseboro 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 D operator's 
license from New York.

Stephen F. Clendenin

    Mr. Clendenin, 58, 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Clendenin 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 New 
York.

Donald P. Dean

    Mr. Dean, 38, 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; has stable control of his diabetes using insulin; and 
is able to drive a CMV safely. Mr. Dean 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 Michigan.

Pradip B. Desai

    Mr. Desai, 59, 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Desai 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 C operator's license from 
Pennsylvania.

Howard M. Galton

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

Chad C. Gittings

    Mr. Gittings, 34, has had ITDM since 1996. 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Gittings 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 C operator's license from 
Pennsylvania.

Steve Gummienny

    Mr. Gummienny, 31, 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Gummienny 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 C operator's license from 
California.

Richard L. Harding

    Mr. Harding, 57, 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; has stable control of his diabetes using 
insulin;

[[Page 36777]]

and is able to drive a CMV safely. Mr. Harding 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.

Mark D. Huffine

    Mr. Huffine, 51, 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Huffine 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 
Texas.

Brian M. Katayama

    Mr. Katayama, 50, 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Katayama 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 California.

Rajendra Narine

    Mr. Narine, 39, 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. Narine 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 
Georgia.

James M. Parr

    Mr. Parr, 55, has had ITDM since 2003. 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; has stable control of his diabetes using insulin; and 
is able to drive a CMV safely. Mr. Parr 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 D operator's license from Alaska.

Scott H. Paxton

    Mr. Paxton, 38, 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Paxton 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 
Kentucky.

Gerald J. Scheeler

    Mr. Scheeler, 56, 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. Scheeler 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 Pennsylvania.

Daniel L. Smith

    Mr. Smith, 40, 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; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Smith 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 
Nebraska.

Steven C. Vanscoyoc

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

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.

[[Page 36778]]

    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: June 21, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-15673 Filed 6-25-10; 8:45 am]
BILLING CODE 4910-EX-P