[Federal Register Volume 76, Number 243 (Monday, December 19, 2011)]
[Notices]
[Pages 78720-78722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32440]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0327]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

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

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SUMMARY: FMCSA announces receipt of applications from fifteen 
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 January 18, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0327 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 numbers for this notice. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    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 Federal Docket Management System (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 DOT's Privacy Act Statement for the FDMS published in 
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit 
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical 
Programs Division, (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 fifteen individuals 
listed in this notice have recently requested such 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

Mathew B. Bartlett

    Mr. Bartlett, age 22, has had ITDM since 2006. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Bartlett understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely.
    Mr. Bartlett meets the vision requirements of 49 CFR 391.41(b)(10). 
His optometrist examined him in 2011 and certified that he does not 
have diabetic retinopathy. He holds a Class B Commercial Driver's 
License (CDL) from Iowa.

Colby S. Blank

    Mr. Blank, 26, has had ITDM since 2005. His endocrinologist 
examined him in 2001 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Blank understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Blank meets the vision 
requirement of 49 CFR 391.41(b)(10). His optometrist examined him in 
2011 and certified that he does not have diabetic retinopathy. He holds 
a Class B CDL from Nebraska.

Gene J. Bottger

    Mr. Bottger, 63, has had ITDM since 2009. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in

[[Page 78721]]

the last 5 years. His endocrinologist certifies that Mr. Bottger 
understands diabetes management and monitoring, has stable control of 
his diabetes using insulin, and is able to drive a CMV safely.
    Mr. Bottger meets the vision requirements of 49 CFR 391.41(b)(10). 
His ophthalmologist examined him in 2011 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Washington.

Ralph F. Caianiello, Jr.

    Mr. Caianiello, 42, has had ITDM since 2002. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Caianiello understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely.
    Mr. Caianiello meets the requirements of the vision requirement at 
49 CFR 391.41(b)(10). His ophthalmologist examined him in 2011 and 
certified that he does not have diabetic retinopathy. He holds a Class 
C operator's license from North Carolina.

Ronald A. Elison

    Mr. Elison, 69, has had ITDM since 2009. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Elison understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Elison meets the vision 
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him 
in 2011 and certified that he does not have diabetic retinopathy. He 
holds a Class C CDL from New Jersey.

Vernon L. Esham

    Mr. Esham, 55, has had ITDM since 1959. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Esham understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Esham meets the vision 
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him 
in 2011 and certified that he does not have diabetic retinopathy. He 
holds a Class C operator's license from Maryland.

Steve R. Fortunat

    Mr. Fortunat, 26, has had ITDM since 1997. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Fortunat understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely.
    Mr. Fortunat meets the vision requirements of 49 CFR 391.41(b)(10). 
His optometrist examined him in 2011 and certified that he does not 
have diabetic retinopathy. He holds a Class D operator's license from 
New Jersey.

Kenneth J. Hill

    Mr. Hill, 33, has had ITDM since 1992. His endocrinologist examined 
him in 2011 and certified that he has had no severe 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 12 months and no recurrent (2 or 
more) severe hypoglycemic episodes in the last 5 years. His 
endocrinologist certifies that Mr. Hill understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Hill meets the vision requirement of 
49 CFR 391.41(b)(10). His optometrist examined him in 2011 and 
certified that he does not have diabetic retinopathy. He holds a Class 
D operator's license from Kentucky.

Cecil T. Keith

    Mr. Keith, 57, has had ITDM since 1975. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Keith understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Keith meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2011 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Georgia.

Mervin R. Koehn

    Mr. Koehn, 51, has had ITDM since 2009. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Koehn understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Koehn meets the vision 
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 
2011 and certified that he does not have diabetic retinopathy. He holds 
a Class A CDL from Mississippi.

Leonard E. Lucas, Jr.

    Mr. Lucas, 63, has had ITDM since 2011. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Lucas understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Lucas meets the vision 
requirement of 49 CFR 391.41(b)(10). His ophthalmologist examined him 
in 2011 and certified that he has stable nonproliferative diabetic 
retinopathy. He holds a Class A CDL from California.

Frank E. Ray

    Mr. Ray, 60, has had ITDM since 2010. His endocrinologist examined 
him in 2011 and certified that he has had no severe hypoglycemic 
reactions resulting in loss of consciousness, requiring the

[[Page 78722]]

assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Ray understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Ray meets the vision 
requirement of 49 CFR 391.41(b)(10). His optometrist examined him in 
2011 and certified that he does not have diabetic retinopathy. He holds 
a Class B CDL from Kansas.

Stanley L. Rybarczyk

    Mr. Rybarczyk, 59, has had ITDM since 2002. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Rybarczyk understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Rybarczyk meets the 
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist 
examined him in 2011 and certified that he has stable nonproliferative 
diabetic retinopathy. He holds a Class B CDL from Illinois.

Harold J. Smith

    Mr. Smith, 58, has had ITDM since 1982. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Smith 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 requirement at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2011 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class D operator's 
license from Wisconsin.

Gene A. Willis

    Mr. Willis, 55, has had ITDM since 2007. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Willis understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Willis meets the vision 
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him 
in 2011 and certified that he does not have diabetic retinopathy. He 
holds a Class B CDL from West Virginia.

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 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) Elimination of the requirement for 3 
years of experience operating CMVs while being treated with insulin; 
and (2) 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 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.
    The 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: December 12, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-32440 Filed 12-16-11; 8:45 am]
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