Qualification of Drivers; Exemption Applications; Diabetes Mellitus |
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Topics: Federal Motor Carrier Safety Administration
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Larry W. Minor
October 15, 2010
[Federal Register: October 15, 2010 (Volume 75, Number 199)]
[Notices]
[Page 63536-63540]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15oc10-159]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2010-0328]
Qualification of Drivers; Exemption Applications; Diabetes
Mellitus
AGENCY: Federal Motor Carrier Safety Administration (FMCSA).
ACTION: Notice of applications for exemption from the diabetes mellitus
standard; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 27 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 November 15, 2010.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2010-0328 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: 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
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
[[Page 63537]]
period. The 27 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
Juan C. Araoz Cespedes
Mr. Araoz Cespedes, age 50, has had ITDM since 2008. His
endocrinologist examined him in 2010 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; understands diabetes management and monitoring; has stable
control of his diabetes using insulin; and is able to drive a CMV
safely. Mr. Araoz Cespedes meets the requirements of the vision
standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in
2010 and certified that he has stable nonproliferative diabetic
retinopathy. He holds an operator's license from Virginia.
William V. Barbrie
Mr. Barbrie, 52, has had ITDM since 2009. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Barbrie meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he does not have diabetic retinopathy. He holds a Class 10
operator's license from Rhode Island, which allows him to operate any
motor vehicle except a motorcycle and a vehicle that weighs more than
26,000 pounds, carries 16 or more passengers or transports placarded
amounts of hazardous materials.
Kerry W. Blackwell
Mr. Blackwell, 40, has had ITDM since 2003. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Blackwell meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class A Commercial
Driver's License (CDL) from Texas.
Mark S. Braddom
Mr. Braddom, 57, has had ITDM since 2009. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Braddom meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class C CDL from
Tennessee.
Mike G. Brambila
Mr. Brambila, 55, has had ITDM since 2010. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Brambila meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
Arizona.
Matthew T. Brown
Mr. Brown, 31, has had ITDM since age 1991. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; 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 optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class B CDL from
Florida.
Richard G. Bruehl
Mr. Bruehl, 64, has had ITDM since 2008. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Bruehl meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he does not have diabetic retinopathy. He holds a Class C
operator's license from Pennsylvania.
John P. Catalano
Mr. Catalano, 44, has had ITDM since 1975. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Catalano currently has a federal exemption to the vision standard, 49
CFR 391.41(b)(10). His optometrist examined him in 2010 and certified
that he does not have diabetic retinopathy. He holds a Class D
operator's license from New Jersey.
Travis A. Chandler
Mr. Chandler, 23, has had ITDM since 1999. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the
[[Page 63538]]
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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Chandler meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class C operator's
license from Georgia.
Christopher G. Chegas
Mr. Chegas, 28, has had ITDM since 1994. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Chegas meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he has stable nonproliferative diabetic retinopathy. He holds a
Class C operator's license from Pennsylvania.
Gary J. Dionne
Mr. Dionne, 42, has had ITDM since 2003. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Dionne meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he has stable nonproliferative diabetic retinopathy. He holds a
Class A CDL from Idaho.
Thomas C. Donahue
Mr. Donahue, 58, has had ITDM since 2009. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Donahue meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he does not have diabetic retinopathy. He holds a Class B CDL from
Massachusetts.
Joseph G. Greatens
Mr. Greatens, 63, has had ITDM since 2010. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Greatens meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he does not have diabetic retinopathy. He holds a Class D
operator's license from Wisconsin.
Marlin K. Johnson
Mr. Johnson, 70, has had ITDM since 2007. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; 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 optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
Minnesota.
George Long, Jr.
Mr. Long, 71, has had ITDM since 1995. His endocrinologist examined
him in 2010 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; understands
diabetes management and monitoring; has stable control of his diabetes
using insulin; and is able to drive a CMV safely. Mr. Long meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2010 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class B CDL from New
Mexico.
Cary C. McAlister
Mr. McAlister, 39, has had ITDM since 2010. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
McAlister meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he does not have diabetic retinopathy. He holds a Class C CDL from
Tennessee.
Dennis P. Miller
Mr. Miller, 53, has had ITDM since 2010. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Miller meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he has stable nonproliferative diabetic retinopathy. He holds a
Class A CDL from Wisconsin.
Robert F. Minacapelli
Mr. Minacapelli, 39, has had ITDM since 2009. His endocrinologist
examined him in 2010 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)
[[Page 63539]]
severe hypoglycemic episodes in the last 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. Minacapelli 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 York.
Joe E. L. Radabaugh
Mr. Radabaugh, 51, has had ITDM since 2009. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely.
Mr. Radabaugh meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His ophthalmologist examined him in 2010 and
certified that he does not have diabetic retinopathy. He holds a Class
A CDL from Ohio.
Raul F. Sanchez
Mr. Sanchez, 56, has had ITDM since 2010. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Sanchez meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he has stable nonproliferative diabetic retinopathy. He holds a
Class A CDL from Texas.
Enrique E. Santiago
Mr. Santiago, 51, has had ITDM since 2007. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Santiago meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he does not have diabetic retinopathy. He holds a Class A CDL from
Florida.
Thomas A. Schmitt
Mr. Schmitt, 57, has had ITDM since 2009. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Schmitt meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class D operator's
license from Iowa.
Leo A. Schmitz
Mr. Schmitz, 67, has had ITDM since 2010. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Schmitz meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he does not have diabetic retinopathy. He holds a Class A CDL from
Minnesota.
Ben D. Shelton, Jr.
Mr. Shelton, 41, has had ITDM since 2010. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Shelton meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he does not have diabetic retinopathy. He holds a Class C
operator's license from Illinois.
Marlon J. Vanderheiden
Mr. Vanderheiden, 31, has had ITDM since 1989. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Vanderheiden meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
Iowa.
Nestor P. Vargas, Jr.
Mr. Vargas, 43, has had ITDM since 1992. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Vargas meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds an operator's license
from Washington.
Harold A. Wendt
Mr. Wendt, 75, has had ITDM since 2005. His endocrinologist
examined him in 2010 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;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Wendt meets the requirements of the
[[Page 63540]]
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2010 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Minnesota.
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 U.S.C. 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: October 8, 2010.
Larry W. Minor,
Associate Administrator, Office of Policy and Program Development.
[FR Doc. 2010-26056 Filed 10-14-10; 8:45 am]
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