[Federal Register Volume 70, Number 201 (Wednesday, October 19, 2005)]
[Notices]
[Pages 60875-60876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20887]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-22177]


Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

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

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SUMMARY: This notice publishes the FMCSA's receipt of applications from 
three individuals for an exemption from the diabetes mellitus 
prohibition in the Federal Motor Carrier Safety Regulations. If 
granted, the exemptions will enable these individuals to qualify as 
drivers of commercial motor vehicles (CMVs) in interstate commerce 
without meeting the requirement prescribed in 49 CFR 391.41(b)(3).

DATES: Comments must be received on or before November 18, 2005.

ADDRESSES: You may submit comments identified by any of the following 
methods. Please identify your comments by the DOT DMS Docket Number 
FMCSA-2005-22177.
    <bullet> Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
    <bullet> Fax: 1-202-493-2251.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number for this notice. For detailed instructions on submitting 
comments and additional information on the rulemaking process, see the 
Public Participation heading of the Supplementary Information section 
of this document. Note that all comments received will be posted 
without change to http://dms.dot.gov, including any personal 
information provided. Please see the Privacy Act heading under 
Regulatory Notices.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC between 9 a.m. and 5 p.m. Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Office of Bus and 
Truck Standards and Operations, (202) 366-4001, FMCSA, Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. 
Office hours are from 8 a.m. to 5 p.m., e.t., Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION:
    Public Participation: The exemption requests and supporting 
materials, such as the safety analysis, should be placed in the DMS 
docket as required by 49

[[Page 60876]]

CFR 381.315(d). The DMS is available 24 hours each day, 365 days a 
year. You can get electronic submission and retrieval help guidelines 
under the ``help'' section of the DMS Web site. If you want us to 
notify you that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment 
page that appears after submitting comments online.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
Department of Transportation's complete Privacy Act statement in the 
Federal Register published April 11, 2000 (65 FR 19477-78) or you may 
visit http://dms.dot.gov.

Background

    Under 49 U.S.C. 31315 and 31136(e), the 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 statute also 
allows the agency to renew exemptions at the end of the 2-year period. 
The three 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 statute.

Qualifications of Applicants

    1. Doyle F. Heiner. Mr. Heiner, age 42, has had insulin-treated 
diabetes mellitus since 2001. 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. His endocrinologist examined him 
in 2005 and stated, ``He senses easily when his blood sugars are low. 
He is willing and able to properly monitor and manage his diabetes.'' 
Mr. Heiner meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His ophthalmologist examined him in 2005 and stated, 
``There was no diabetic retinopathy.'' Mr. Heiner reported he has 
driven straight trucks for 24 years, accumulating 120,000 miles, and 
buses for 10 years, accumulating 130,000 miles. He holds a Class A 
commercial driver's license (CDL) from Idaho. His driving record shows 
no crashes or convictions for moving violations in a CMV for the past 3 
years.
    2. James R. Moretz, Jr. Mr. Moretz, age 40, has had insulin-treated 
diabetes mellitus since 1997. 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. His endocrinologist examined him 
in 2005 and stated, ``Jim is able and has demonstrated willingness to 
properly monitor and manage his diabetes.'' Mr. Moretz meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2005 and certified that his non-
proliferative diabetic retinopathy is stable. Mr. Moretz reported that 
he has driven straight trucks for 4 years, accumulating approximately 
100,000 miles, and tractor-trailer combinations for 6.5 years, 
accumulating approximately 325,000 miles. He holds a Class A CDL from 
Pennsylvania. His driving record shows no crashes or convictions for 
moving violations in a CMV for the past 3 years.
    3. Uve J. Witsch. Mr. Witsch, age 42, has had insulin-treated 
diabetes mellitus since 1999. 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. His endocrinologist examined him 
in 2005 and stated, ``He has received diabetes education and management 
through my office and his knowledge of diabetes is good. He is able to 
properly monitor and manage his diabetes. He is knowledgeable about the 
disease and compliant with my recommendations.'' Mr. Witsch meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2005 and stated, ``Dilated fundus exam 
revealed normal healthy retina and no diabetic retinopathy.'' Mr. 
Witsch reported he has driven straight trucks for 8 years, accumulating 
85,000 miles. He holds a Class C CDL from California. His driving 
record shows no crashes or convictions for moving violations in a CMV 
for the past 3 years.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), the 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 earlier in 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 agency to begin within 90 days of enactment to revise 
the physical qualification rules for truck and bus drivers to allow 
individuals who use insulin to treat their diabetes to operate 
commercial motor vehicles in interstate commerce. The revised rule must 
provide for individual assessment of diabetic drivers, and be 
consistent with the criteria described in section 4018 of the 
Transportation Equity Act for the 21st Century (TEA-21) (set out as a 
note to 49 U.S.C. 31305). In response to section 4018, the Secretary 
transmitted to Congress a study, ``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 Equity Act for the 21st Century.'' This report concluded 
that a safe and practical protocol to allow certain insulin-treated 
diabetic drivers to operate commercial motor vehicles (CMVs) is 
feasible.
    There are three substantive changes in the standards required by 
section 4129: (1) Removal of the requirement for three years' 
experience operating a commercial motor vehicle while being treated 
with insulin; (2) establishment of a minimum period of insulin use 
before being allowed to operate a commercial motor vehicle; and (3) 
establishing limited operating, monitoring and medical requirements 
that are deemed medically necessary. Section 4129(b)-(c). In addition, 
the section contemplates that similar revisions will be made in the 
current exemption program established by the September 3, 2003 (68 FR 
52441), notice of final disposition. Until the agency issues a final 
rule, however, insulin-treated diabetic drivers must continue to apply 
for exemptions from FMCSA, and request renewals of such exemptions in a 
timely manner.

    Issued on: October 13, 2005.
Annette M. Sandberg,
Administrator.
[FR Doc. 05-20887 Filed 10-18-05; 8:45 am]
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