Qualification of Drivers; Exemption Applications; Diabetes Mellitus |
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Topics: Federal Motor Carrier Safety Administration
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Pamela M. Pelcovits
Federal Register
April 11, 2011
[Federal Register: April 11, 2011 (Volume 76, Number 69)]
[Notices]
[Page 20073-20076]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ap11-101]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2011-0080]
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 23 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 May 11, 2011.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2011-0080 using any of the
following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online 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 online.
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 period. The 23 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
Donovan A. Bloomfield
Mr. Bloomfield, age 48, has had ITDM since 2006. 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. His endocrinologist certifies that Mr. Bloomfield understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Bloomfield meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2011 and certified that he does not
have diabetic retinopathy. He holds a Class D operator's license from
Massachusetts.
Kyle T. Brewer
Mr. Brewer, 28, has had ITDM since 2001. His endocrinologist
examined him in 2011 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.
His endocrinologist certifies that Mr. Brewer understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Brewer meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2011 and certified that he does not
have diabetic retinopathy. He holds a Class B Commerical Driver's
License (CDL) from Nebraska.
Rastus A. Bryant, Jr.
Mr. Bryant, 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
[[Page 20074]]
that occurred without warning in the past 12 months and no recurrent (2
or more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Bryant understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bryant 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 South Carolina.
Daniel J. Cahalan
Mr. Cahalan, 55, has had ITDM since 1998. 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.
His endocrinologist certifies that Mr. Cahalan understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Cahalan meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2011 and certified that he does not have
diabetic retinopathy. He holds a Class C operator's license from North
Carolina.
Bill R. Dubson
Mr. Dubson, 36, has had ITDM since 1985. His endocrinologist
examined him in 2011 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.
His endocrinologist certifies that Mr. Dubson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Dubson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2011 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class D operator's
license from Illinois.
Paul C. Farley
Mr. Farley, 50, has had ITDM since 1987. His endocrinologist
examined him in 2011 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.
His endocrinologist certifies that Mr. Farley understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Farley 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 Connecticut.
Daniel E. Farmer
Mr. Farmer, 53, 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.
His endocrinologist certifies that Mr. Farmer understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Farmer 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 E operator's
license from Missouri.
C. Shawn Fox
Mr. Fox, 44, 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. His
endocrinologist certifies that Mr. Fox understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Fox 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 Ohio.
Brad S. Gray
Mr. Gray, 54, has had ITDM since 2006. His endocrinologist examined
him in 2011 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. His
endocrinologist certifies that Mr. Gray understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Gray 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 Maryland.
Ken M. Jorgenson
Mr. Jorgenson, 58, 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.
His endocrinologist certifies that Mr. Jorgenson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Jorgenson 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.
Troy M. Keller
Mr. Keller, 21, has had ITDM since 1994. His endocrinologist
examined him in 2011 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.
His endocrinologist certifies that Mr. Keller understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Keller 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.
[[Page 20075]]
He holds a Class A CDL from Pennsylvania.
Edmund D. Kilmartin, III
Mr. Kilmartin, 57, has had ITDM since 2009. His endocrinologist
examined him in 2011 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.
His endocrinologist certifies that Mr. Kilmartin understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Kilmartin 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 Michigan.
Lonnie L. Little
Mr. Little, 45, 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.
His endocrinologist certifies that Mr. Little understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Little 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.
Michael G. Moseley
Mr. Moseley, 45, 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.
His endocrinologist certifies that Mr. Moseley understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Moseley 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 North Carolina.
William M. Munn
Mr. Munn, 67, has had ITDM since 2001. His endocrinologist examined
him in 2011 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. His
endocrinologist certifies that Mr. Munn understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Munn 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 Washington DC.
Jeffrey M. Sandler
Mr. Sandler, 50, has had ITDM for the past 15 years. His
endocrinologist examined him in 2011 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. His endocrinologist certifies that Mr. Sandler understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Sandler 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 California.
Donald R. Sine, Jr.
Mr. Sine, 56, has had ITDM since 2002. 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. His
endocrinologist certifies that Mr. Sine understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Sine 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 West Virginia.
Edward C. Sinkhorn, Jr.
Mr. Sinkhorn, 72, 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.
His endocrinologist certifies that Mr. Sinkhorn understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Sinkhorn 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 Indiana.
Wanda S. Sloan
Ms. Sloan, 61, has had ITDM since 2010. Her endocrinologist
examined her in 2011 and certified that she 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.
Her endocrinologist certifies that Ms. Sloan understands diabetes
management and monitoring, has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Sloan meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2011 and certified that she does not have
diabetic retinopathy. She holds a Class D operator's license from
Tennessee.
John C. Stephens
Mr. Stephens, 66, has had ITDM since 1980. His endocrinologist
examined him in 2011 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.
His endocrinologist certifies that Mr. Stpehens understands diabetes
management and monitoring,
[[Page 20076]]
has stable control of his diabetes using insulin, and is able to drive
a CMV safely. Mr. Stephens 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 Minnesota.
Francisco M. Torres
Mr. Torres, 34, has had ITDM since 1998. 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.
His endocrinologist certifies that Mr. Torres understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Torres 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 New
Mexico.
Dale R. Walton
Mr. Walton, 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.
His endocrinologist certifies that Mr. Walton understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Walton 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
Pennsylvania
Mark H. Wilcox
Mr. Wilcox, 52, 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.
His endocrinologist certifies that Mr. Wilcox understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Wilcox meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2011 and certified that he has stable
nonproliferative 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 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. 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: March 31, 2011.
Pamela M. Pelcovits,
Director, Office of Policy, Plans and Regulations.
[FR Doc. 2011-8561 Filed 4-8-11; 8:45 am]
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