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[Federal Register: May 5, 2005 (Volume 70, Number 86)]
[Notices]
[Page 23898]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05my05-95] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2005-20721] 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. ----------------------------------------------------------------------- SUMMARY: This notice publishes the FMCSA's receipt of applications from
five individuals for 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 June 6, 2005. ADDRESSES: You may submit comments identified by any of the following
methods. Please identify your comments by the DOT DMS Docket Number
FMCSA-2005-20721. - Web site: http://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
- Fax: 1-202-493-2251.
- Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
- 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.
- 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 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 (Volume 65, Number 70; pages
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 five 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. Gerald E. Huelle Mr. Huelle, age 57, has had insulin-treated diabetes mellitus since
1994. 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 2004 and stated he
"is quite well versed on how to treat either hyperglycemia or
hypoglycemia should it occur. Jerry [Gerald] has shown a very good
level of motivation to try to control his diabetes. He is also very
much capable of monitoring his blood sugars and managing his insulin."
He meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2004 and stated,
"You have no diabetic retinopathy." Mr. Huelle reported he has driven
straight trucks for 43 years, accumulating 172,000 miles, and tractor-
trailer combinations 33 years, accumulating 2.4 million miles. He holds
a Class A commercial driver's license (CDL) from Wyoming. His driving
record shows no crashes and one conviction for a moving violation--
speeding--in a CMV for the past 3 years. He exceeded the speed limit by
20 mph. 2. Lee R. Kumm Mr. Kumm, 52, has had insulin-treated diabetes since 1986. 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 2004 and stated, "He has
demonstrated a willingness to monitor and manage his diabetes. He meets
with the dietitian and an R.N. [Registered Nurse] in the hospital
diabetes center a minimum of twice a year." He meets the requirements
of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2005 and stated, "Each retina reveals mild diabetic
changes but no evidence of any visual threat on account of diabetes or
any other ocular problem. Your eyes have been stable for a number of
years." Mr. Kumm submitted that he has driven straight trucks for 4
years, accumulating 240,000 miles, and tractor-trailer combinations for
5 years, accumulating 490,000 miles. He holds a Class ABCDM CDL from
Wisconsin. His driving record shows no accidents or convictions for
moving violations in a CMV for the past 3 years. 3. Mitchell L. Pullen Mr. Pullen, 47, has had insulin-treated diabetes mellitus since
1968. He has had no hypoglycemic reactions resulting in loss of
consciousness, requiring the assistance of others, or resulting in
impaired cognitive function that occurred without warning within the
last 5 years. His endocrinologist examined him in 2004 and stated, "He
is showing very good ability in management and understanding
procedures." He has completed 6 hours of diabetes education, including
recognizing and treating hypoglycemia. He meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2004 and stated he has a history of proliferative diabetic
retinopathy, which has been stabilized with laser photocoagulation. Mr.
Pullen reported he has driven straight trucks for 10 years,
accumulating 50,000 miles, and tractor-trailer combinations for 22
years, accumulating 2.6 million miles. He holds a Class A CDL from
Nebraska. His driving record shows no accidents or convictions for
moving violations in a CMV for the past 3 years. 4. Charles E. Wheat, Sr. Mr. Wheat, 69, has had insulin-treated diabetes mellitus for the
past 14 years. He has had no hypoglycemic reactions resulting in loss
of consciousness, requiring the assistance of others, or resulting in
impaired cognitive function that occurred without warning within the
last 5 years. His endocrinologist examined him in 2004 and stated,
"Mr. Wheat has completed diabetes education and is doing a good job of
monitoring and self-management of his diabetes. Mr. Wheat has been
educated in corrective action when blood sugars are too high or too
low. I am confident that he has knowledge of these skills and has
mastered them." He meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His ophthalmologist examined him in 2004 and stated,
"He shows no signs of diabetic retinopathy." Mr. Wheat stated he has
driven straight trucks for 5 years, accumulating 65,000 miles, and
tractor-trailer combinations for 20 years, accumulating 1.3 million
miles. He holds a Class A CDL from Mississippi. His driving record for
the last 3 years shows no crashes or convictions for moving violations
in a CMV. 5. Steven R. Zoller Mr. Zoller, 36, has had insulin-treated diabetes mellitus since
2001. He has had no hypoglycemic reactions resulting in loss of
consciousness, requiring the assistance of others, or resulting in
impaired cognitive function that occurred without warning in the past 5
years. His endocrinologist examined him in 2004 and certified, "Mr.
Zoller has been educated with regard to diabetes and its management and
understands the procedures that should be followed if complications
arise. He has demonstrated willingness to properly monitor and manage
his diabetes." He meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His ophthalmologist examined him in 2004 and
certified, "Dilated fundus examination reveals no evidence of any
diabetic retinopathy." Mr. Zoller reported he has driven straight
trucks for 16 years, accumulating 560,000 miles, and tractor-trailer
combinations for 3 years, accumulating 150,000 miles. He holds a Class
A CDL from Minnesota. His driving record shows no accidents 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. Issued on: April 25, 2005.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. 05-8973 Filed 5-2-05; 1:07 pm]
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