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###### Department of Transportation

###### Federal Motor Carrier Safety Administration

          - [Docket ID FMCSA-2009-0207]

# AGENCY:

Federal Motor Carrier Safety Administration (FMCSA).

# ACTION:

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

# SUMMARY:

FMCSA announces receipt of applications from 24 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 September 16, 2009.

# ADDRESSES:

You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA-2009-0207 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.                    

                        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://Docketinfo.dot.gov.*

# FOR FURTHER INFORMATION CONTACT:

                        Dr. Mary D. Gunnels, Director, Medical Programs, (202) 366-4001,                         *fmcsamedical@dot.gov,*                         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 24 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

### Tawnya E. Benner

Ms. Benner, age 38, has had ITDM since 1982. Her endocrinologist examined her in 2009, 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. Benner meets the requirements of the vision standard at 49 CFR 391.41(b)(10). Her optometrist examined him in 2009 and certified that she does not have diabetic retinopathy. She holds a Class C operator's license from Pennsylvania.

### Lowell R. Brown

Mr. Brown, 71, has had ITDM since 2006. 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. Brown 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 B Commercial Driver's License (CDL) from Indiana.

### Gerald R. Claypool

Mr. Claypool, 59, 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. Claypool 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 California.

### Robert J. Dupuis

                    Mr. Dupuis, 57, 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. Dupuis 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 Massachusetts.                          ( print page 41487)    

### Glenn R. Edwards

Mr. Edwards, 42, has had ITDM since 2006. 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. Edwards 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 New Jersey.

### John H. Forchette, Jr.

Mr. Forchette, 55, 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. Forchette 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 Wisconsin.

### Robert A. Gibson

Mr. Gibson, 44, has had ITDM since 2006. 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. Gibson 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 Missouri.

### Blaine H. Holmes

Mr. Holmes, 52, 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. Holmes 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 Utah.

### Gerald E. Huelle

Mr. Huelle, 61, has had ITDM since 1998. 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. Huelle 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 Wyoming.

### Edward L. Johnson

Mr. Johnson, 60, has had ITDM since 2002. 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. Johnson 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 Montana.

### Mary V. Johnson

Ms. Johnson, 59, has had ITDM since 2002. Her endocrinologist examined him in 2009, 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. Johnson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). Her ophthalmologist examined her in 2009, and certified that she does not have diabetic retinopathy. She holds a Class B CDL from Arizona.

### Roger L. Kaufman

Mr. Kaufman, 44, 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. Kaufman 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 Kentucky.

### Kenneth A. Leeker

Mr. Leeker, 61, 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. Leeker 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 Missouri.

### Paul L. Meier

                    Mr. Meier, 33, 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. Meier 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                           ( print page 41488)                        retinopathy. He holds a Class B CDL from Illinois.                

### Clifford L. Rayl

Mr. Rayl, 58, has had ITDM since 2004. 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. Rayl 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 an operator's license from Indiana.

### Robert J. Schafer

Mr. Schafer, 57, 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. Schafer 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 Pennsylvania.

### Steven J. Shaw

Mr. Shaw, 26, 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; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Shaw 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 Idaho.

### Scott L. Stamstad

Mr. Stamstad, 39, 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. Stamstad 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 D operator's license from Wisconsin.

### Kendell R. Strassman

Mr. Strassman, 31, 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. Strassman 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 Wisconsin.

### Allan A. Vanderhamm

Mr. Vanderhamm, 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. Vanderhamm 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 Florida.

### Maurice L. Wedel

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

### Michael R. Wellman

Mr. Wellman, 66, 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. Wellman 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 Indiana.

### Thomas C. Wilson

Mr. Wilson, 57, has had ITDM since 2004. 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. Wilson 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 Indiana.

### Wayne W. Zander

                    Mr. Zander, 55, 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. Zander meets the                           ( print page 41489)                        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 South Dakota.                

## 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).                

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 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: August 10, 2009.

Larry W. Minor,

Associate Administrator for Policy and Program Development.

# Footnotes

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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[FR Doc. E9-19582 Filed 8-14-09; 8:45 am]

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