FR Doc 05-8973[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]                         

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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.

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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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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]
