[Federal Register Volume 74, Number 41 (Wednesday, March 4, 2009)]
[Notices]
[Pages 9467-9471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4577]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID. FMCSA-2009-0055]


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 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 April 3, 2009.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2009-0055 using any of the 
following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
    <bullet> 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.
    <bullet> 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.

[[Page 9468]]

    <bullet> 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, <a href="/cdn-cgi/l/email-protection#4b2d2628382a262e2f22282a270b2f243f652c243d"><span class="__cf_email__" data-cfemail="61070c0212000c04050802000d21050e154f060e17">[email protected]</span></a>, 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

Lloyd R. Ackley, Jr.

    Mr. Ackley, age 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. Ackley 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 commercial driver's license 
(CDL) from New York.

Scott D. Baroch

    Mr. Baroch, 40, has had ITDM since 1981. 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. Baroch 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 
proliferative diabetic retinopathy. He holds a Class A CDL from 
Montana.

Kelly G. Bauman

    Mr. Bauman, 42, 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. Bauman 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 C operator's license from 
Wyoming.

Martin J. Bowsher

    Mr. Bowsher, 56, has had ITDM since 2003. 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. Bowsher 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 Arizona.

Michael G. Chisum

    Mr. Chisum, 55, has had ITDM since 1993. His endocrinologist 
examined him in 2008 and certified that he has had one symptomatic 
hypoglycemic reaction in the past 5 years, that did not result in loss 
of consciousness, require the assistance of another person, or result 
in impaired cognitive function that occurred without warning. He 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin, and is able to drive a CMV safely. Mr. 
Chisum 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 B CDL from 
New Mexico.

Timothy N. Davenport

    Mr. Davenport, 48, has had ITDM since 1992. 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. Davenport 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 
Tennessee.

Ryan S. Ficke

    Mr. Ficke, 24, has had ITDM since 1997. His endocrinologist 
examined him in 2008 and certified that he has had one hypoglycemic 
reaction due to low blood sugar and hot weather resulting in

[[Page 9469]]

loss of consciousness, requiring the assistance of another person, and 
resulting in impaired cognitive function that occurred without warning 
in the past 5 years. According to his endocrinologist, he understands 
diabetes management and monitoring; and now has stable control of his 
diabetes using insulin, and is able to drive a CMV safely. Mr. Ficke 
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 C operator's license from 
California.

James P. Gilmore

    Mr. Gilmore, 39, has had ITDM since 1996. 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. Gilmore 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 
proliferative diabetic retinopathy. He holds a Class D operator's 
license from Massachusetts.

Henry S. Glover

    Mr. Glover, 39, 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. Glover 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 Texas.

James R. Halliday

    Mr. Halliday, 46, has had ITDM since 1989. 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. Halliday 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 
non-proliferative diabetic retinopathy. He holds a Class D operator's 
license from New York.

Nathan M. Hennix

    Mr. Hennix, 26, has had ITDM since 2001. 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. Hennix 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 North 
Dakota.

Jeffrey D. Horsey

    Mr. Horsey, 49, 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. Horsey 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 Delaware.

Wilbert E. Isadore

    Mr. Isadore, 56, 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. Isadore 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 Texas.

Andrew J. Lunsford

    Mr. Lunsford, 54, 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. Lunsford 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 CA CDL from Michigan.

Eddie J. Nosser

    Mr. Nosser, 50, 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. Nosser 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 Missouri.

Paul J. O'Neal, Jr.

    Mr. O'Neal, 55, has had ITDM since 1991. 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. O'Neal 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 an operator's license from 
Virginia.

[[Page 9470]]

Larry W. Partridge

    Mr. Partridge, 56, 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. Partridge 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.

Joseph C. Perrin, III

    Mr. Perrin, 48, 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. Perrin 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 B CDL from Minnesota.

Debra A. Pipes

    Ms. Pipes, 55, has had ITDM since 2005. 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. Pipes meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
optometrist examined her in 2008 and certified that she does not have 
diabetic retinopathy. She holds a Class B CDL from Indiana.

Michael J. Rouark

    Mr. Rouark, 49, has had ITDM since 1999. 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. Rouarck 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 
Kentucky.

John T. Savelsberg, III

    Mr. Savelsberg, 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. Savelsberg 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 am operator's license from Virginia.

Scott C. Sisk

    Mr. Sisk, 40, 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. Sisk meets the requirements of 
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist and 
optometrist examined him in 2008 and certified that he has stable non-
proliferative diabetic retinopathy. He holds a Class C operator's 
license from Georgia.

Ronald A. Stachura

    Mr. Stachura, 35, 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. Stachura 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 ABCD from Wisconsin.

Chris M. Testa

    Mr. Testa, 46, 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. Testa 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 B CDL from New Jersey.

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

[[Page 9471]]

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: February 26, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E9-4577 Filed 3-3-09; 8:45 am]
BILLING CODE 4910-EX-P


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