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FR Doc 04-6700
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[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]
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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.
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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]
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