[Federal Register: July 22, 2004 (Volume 69, Number 140)]
[Notices]
[Page 43878]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jy04-117] ----------------------------------------------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Qualification of Drivers; Exemption Applications; Diabetes AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. ------------------------------------------------------------------------------------------------------------------ SUMMARY: The FMCSA announces its denial of 39 applications from
individuals who requested an exemption from the Federal diabetes
standard applicable to interstate truck drivers and the reasons for the
denials. The FMCSA has statutory authority to exempt individuals from
the diabetes standard if the exemptions granted will not compromise
safety. The agency has concluded that granting these exemptions does
not provide a level of safety that will equal or exceed the level of
safety maintained without the exemptions for these commercial motor
vehicle drivers. FOR FURTHER INFORMATION CONTACT: Ms. W. Teresa Doggett, Office of Bus
and Truck Standards and Operations (MC-PSD), (202) 366-2990, Department
of Transportation, FMCSA, 400 Seventh Street, SW., Washington, DC
20590-0001. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday
through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
from the Federal diabetes standard for commercial drivers with insulin-
treated diabetes mellitus for a renewable 2-year period if it finds
such an exemption would likely achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such an exemption (49 CFR 381.305(a)). Accordingly, FMCSA evaluated 39 individual exemption requests on
their merits and made a determination that these applicants do not
satisfy the criteria established to demonstrate that granting an
exemption is likely to achieve an equal or greater level of safety than
exists without the exemption. Each applicant has, prior to this notice,
received a letter of final disposition on his/her individual exemption
request. Those decision letters fully outline the basis for the denial
and constitute final agency action. The list published today summarizes
the agency's recent denials as required under 49 U.S.C. 31315(b)(4) by
periodically publishing names and reasons for denials. The following 22 applicants lacked sufficient recent driving
experience under normal highway operating conditions over the previous
three years that would serve as an adequate predictor of future safe
performance: Broderick, James A., Christensen, Gary C., Clemens, Stephen R.,
Curtis, James T., Eudy, Charles K., Ewen, Rex C., Fernald, Frank L.,
Goodman, Timothy L., Hankel, Jr., Charles T., Hansen, Gerald P.,
Kingston, Franklin P., Koenig-Warren, Linda L., Kruse, Edward V.,
Leisgang, Gregory A., Monroe, Tommie A., McClaflin, David E., Nelson,
Ronald W., Pflugler, Jr., Robert L., Ruhmann, Wayne, Schooler, Michael
D., Stock, Anthony E., Wright, Darryl L. One applicant, Mr. Ken Greer, does not have any experience
operating a commercial motor vehicle (CMV) and therefore presented no
evidence from which FMCSA can conclude that granting the exemption is
likely to achieve a level of safety equal to that existing without the
exemption. The following 5 applicants do not have 3 years of experience
driving a CMV on public highways with insulin-treated diabetes
mellitus: Choy, Jorge L., Sewell, Dean A., Thiel, Samuel G., Walters,
Leonard D., Zoller, Steven R. Three applicants, Mr. Ronald G. Gross, Mr. Israel Hernandez, and
Mr. Thomas E. Richards, do not have recent experience driving a CMV.
Applicants must have driven for at least the three years preceding
their filing of an application for an exemption. One applicant, Mr. John C. Nickles, does not have insulin-treated
diabetes mellitus and does not need the exemption. One applicant, Mr. Lowell T. Tucker, contributed to a crash while
operating a CMV, which is a disqualifying offense. Two applicants, Mr. Joseph C. McMasters and Mr. Nicholas C.
Stanley, did not hold a license that allowed operation of vehicles over
10,000 pounds for all or part of the 3-year period. One applicant, Mr. Brian F. Beebe was denied for multiple reasons. Two applicants, Mr. Alfred Gjaltema and Mr. Cory L. Swanson,
provided false documentation during the application process. The commercial driver's license of one applicant, Mr. James G.
Arnoldussen, was suspended during the 3-year period because of a moving
violation. Applicants do not qualify for an exemption with a suspension
during the 3-year period. Issued on: July 14, 2004.
Pamela M. Pelcovits,
Director of Policy, Plans and Regulations.
[FR Doc. 04-16688 Filed 7-21-04; 8:45 am]
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