[Federal Register: March 25, 2004 (Volume 69, Number 58)]
[Notices]               
[Page 15433]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr04-124]                         

=======================================================================
-----------------------------------------------------------------------

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 17 applications from 
individuals who requested an exemption from the Federal diabetes 
standards applicable to interstate truck drivers and the reasons for 
the denials. The FMCSA has statutory authority to exempt individuals 
from diabetes standards 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. Sandra Zywokarte, Office of Bus 
and Truck Standards and Operations, (MC-PSD), (202) 366-2987, 
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 standards 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 391.41(b)(3)).
    Accordingly, FMCSA evaluated 17 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 outlined 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 4 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:

Boyum, Allan C.
Smith, Andrew P.
Dorris, Boyd A.
Erickson, Ronald J.

    One applicant, Mr. Charles E. Williams, 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 6 applicants do not have 3 years of experience 
driving a CMV on public highways with insulin-treated diabetes 
mellitus:

Corsaro, Joseph G.
Izzi, Anthony
Mays, James
Nunnally, Derril W.
Rardin, Pierce E.
Thomas, Jr., Joseph

    One applicant, Mr. Robert H. Thompson, Jr., does not have recent 
experience driving a CMV. Applicants must have driven for at least the 
three years preceding application.
    One applicant, Mr. Glenn A. Kotzer, had a hypoglycemic episode 
resulting in loss of consciousness or requiring the assistance of 
another person in March 2003. Applicants do not qualify for an 
exemption if they have had more than two hypoglycemic reactions 
resulting in loss of consciousness or requiring the assistance of 
another person in the past 5 years. Applicants must have one year of 
stability following any such episode.
    One applicant, Mr. David Arnette, has other medical conditions 
making him otherwise unqualified under the Federal Motor Carrier Safety 
Regulations. Applicants must meet all other physical qualifications 
standards in 49 CFR 391.41(b)(1-13).
    Two applicants, Mr. Johnathan Akins and Mr. John A. Herbert, do not 
have verifiable proof of commercial driving experience over the past 3 
years under normal highway operating conditions that would serve as an 
adequate predictor of future safe performance.
    One applicant from Canada, Mr. Kevin R. Durham, applied for an 
exemption. The medical reciprocity agreement between the United States 
and Canada prohibits U.S. and Canadian CMV drivers who are insulin-
using-diabetics from trans-border operations. In addition, an exemption 
from the diabetes standards is valid for operations only within the 
United States. It does not exempt the driver from the physical 
qualification standards of any bordering jurisdiction.

    Issued on: March 22, 2004.
Rose A. McMurray,
Associate Administrator for Policy and Program Development.
[FR Doc. 04-6700 Filed 3-24-04; 8:45 am]