Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Notices 48341 

1Section 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. 

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. Stegemiller 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 Indiana. 

Jon C. Thomas 

Mr. Thomas, 43, 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. Thomas 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. 

Dennis M. Thyfault 

Mr. Thyfault, 57, has had ITDM since 

1970. 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. Thyfault 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 D operator’s license 

from Utah. 

Howard M. Wilson 

Mr. Wilson, 29, 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. Wilson 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 CDL from Illinois. 

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: September 14, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–22770 Filed 9–21–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2009–0174] 

Qualification of Drivers; Exemption 

Applications; Diabetes 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt forty-one 

individuals from its rule prohibiting 

persons with insulin-treated diabetes 

mellitus (ITDM) from operating 

commercial motor vehicles (CMVs) in 

interstate commerce. The exemptions 

will enable these individuals to operate 

CMVs in interstate commerce. 

DATES: The exemptions are effective 

September 22, 2009. The exemptions 

expire on September 22, 2011. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, Room 

W64–224, Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. Office hours are from 8:30 a.m. to 

5 p.m., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at: http:// 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.gov and/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. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of DOT’s dockets by 

the name of the individual submitting 

the comment (or of the person signing 

the comment, if submitted on behalf of 


sroberts on DSKD5P82C1PROD with NOTICES
48342 Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Notices 

an association, business, labor union, or 

other entity). You may review DOT’s 

complete Privacy Act Statement in the 

Federal Register (65 FR 19477, Apr. 11, 

2000). This statement is also available at 

http://Docketinfo.dot.gov. 

Background 

On July 28, 2009, FMCSA published 

a notice of receipt of Federal diabetes 

exemption applications from forty-one 

individuals, and requested comments 

from the public (74 FR 37288). The 

public comment period closed on 

August 27, 2009 and no comments were 

received. 

FMCSA has evaluated the eligibility 

of the forty-one applicants and 

determined that granting the 

exemptions to these individuals would 

achieve a level of safety equivalent to, 

or greater than, the level that would be 

achieved by complying with the current 

regulation 49 CFR 391.41(b)(3). 

Diabetes Mellitus and Driving 

Experience of the Applicants 

The Agency established the current 

standard for diabetes in 1970 because 

several risk studies indicated that 

diabetic drivers had a higher rate of 

crash involvement than the general 

population. The diabetes rule provides 

that ‘‘A person is physically qualified to 

drive a commercial motor vehicle if that 

person has no established medical 

history or clinical diagnosis of diabetes 

mellitus currently requiring insulin for 

control’’ (49 CFR 391.41(b)(3)). 

FMCSA established its diabetes 

exemption program, based on the 

Agency’s July 2000 study entitled ‘‘A 

Report to Congress on the Feasibility of 

a Program to Qualify Individuals with 

Insulin-Treated Diabetes Mellitus to 

Operate in Interstate Commerce as 

Directed by the Transportation Act for 

the 21st Century.’’ The report concluded 

that a safe and practicable protocol to 

allow some drivers with ITDM to 

operate CMVs is feasible. The 2003 

notice in conjunction with the 

November 8, 2005 (70 FR 67777) 

Federal Register Notice provides the 

current protocol for allowing such 

drivers to operate CMVs in interstate 

commerce. 

These forty-one applicants have had 

ITDM over a range of 1 to 32 years. 

These applicants report no 

hypoglycemic reaction that resulted in 

loss of consciousness or seizure, that 

required the assistance of another 

person, or resulted in impaired 

cognitive function without warning 

symptoms in the past 5 years (with one 

year of stability following any such 

episode). In each case, an 

endocrinologist has verified that the 

driver has demonstrated willingness to 

properly monitor and manage their 

diabetes, received education related to 

diabetes management, and is on a stable 

insulin regimen. These drivers report no 

other disqualifying conditions, 

including diabetes-related 

complications. Each meets the vision 

standard at 49 CFR 391.41(b)(10). 

The qualifications and medical 

condition of each applicant were stated 

and discussed in detail in the July 28, 

2009, Federal Register Notice (74 FR 

37288). Therefore, they will not be 

repeated in this notice. 

Basis for Exemption Determination 

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

FMCSA may grant an exemption from 

the diabetes standard in 49 CFR 

391.41(b)(3) if the exemption is likely to 

achieve an equivalent or greater level of 

safety than would be achieved without 

the exemption. The exemption allows 

the applicants to operate CMVs in 

interstate commerce. 

To evaluate the effect of these 

exemptions on safety, FMCSA 

considered medical reports about the 

applicants’ ITDM and vision, and 

reviewed the treating endocrinologist’s 

medical opinion related to the ability of 

the driver to safely operate a CMV while 

using insulin. 

Consequently, FMCSA finds that 

exempting these applicants from the 

diabetes standard in 49 CFR 391.41(b)(3) 

is likely to achieve a level of safety 

equal to that existing without the 

exemption. 

Conditions and Requirements 

The terms and conditions of the 

exemption will be provided to the 

applicants in the exemption document 

and they include the following: (1) That 

each individual submit a quarterly 

monitoring checklist completed by the 

treating endocrinologist as well as an 

annual checklist with a comprehensive 

medical evaluation; (2) that each 

individual reports within 2 business 

days of occurrence, all episodes of 

severe hypoglycemia, significant 

complications, or inability to manage 

diabetes; also, any involvement in an 

accident or any other adverse event in 

a CMV or personal vehicle, whether or 

not they are related to an episode of 

hypoglycemia; (3) that each individual 

provide a copy of the ophthalmologist’s 

or optometrist’s report to the medical 

examiner at the time of the annual 

medical examination; and (4) that each 

individual provide a copy of the annual 

medical certification to the employer for 

retention in the driver’s qualification 

file, or keep a copy in his/her driver’s 

qualification file if he/she is selfemployed. The driver must also have a 

copy of the certification when driving, 

for presentation to a duly authorized 

Federal, State, or local enforcement 

official. 

Discussion of Comments 

FMCSA received no comments in this 

proceeding 

Conclusion 

After considering the comments to the 

docket, and based upon its evaluation of 

the forty-one exemption applications, 

FMCSA exempts, Michael D. Arnold, 

Michael F. Arthur, Roelf F. Aufforth, 

Gerald L. Bell, Steven H. Bergheger, 

Steven H. Bergheger, Blaine T. 

Boellstroff, Dane R. Broach, Richard B. 

Brookshire, David J. Campbell, 

Christopher S. Cate, Lynne M. Childers, 

Moses O. Crespo, Raymond A. Dietz, 

Steven C. Ellenberger, Ralph M. Ellis, 

Troy E. Freeman, Glenn T. Grace, Byron 

K. Hicks, Dori A. Hoffman, William C. 

Howard, Adam C. Hyatt, Clarence B. 

Jackson, Robert F. Jolly, Jr., Dale Jones, 

Matthew G. Matheson, Steven A. 

Mayhew, Michael G. Mulder, Gary S. 

Myers, Bradley D. Nickles, Jr., Sherwin 

M. Nurse, III, Frank R. Radice, Frank A. 

Rhodes, James B. Roth, Matthew T. 

Russell, Tranquilino D. Sena, John A. 

Serth, Jr., David H. Shipley, Michael A. 

Taylor, Peter T. Tengbeh, and John A. 

Yarde from the ITDM standard in 49 

CFR 391.41(b)(3), subject to the 

conditions listed under ‘‘Conditions and 

Requirements’’ above. 

In accordance with 49 U.S.C. 31136(e) 

and 31315 each exemption will be valid 

for two years unless revoked earlier by 

FMCSA. The exemption will be revoked 

if: (1) The person fails to comply with 

the terms and conditions of the 

exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained before it was granted; or 

(3) continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136(e) and 

31315. If the exemption is still effective 

at the end of the 2-year period, the 

person may apply to FMCSA for a 

renewal under procedures in effect at 

that time. 

Issued on: September 14, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–22769 Filed 9–21–09; 8:45 am] 

BILLING CODE 4910–EX–P 


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