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[Federal Register: January 7, 2005 (Volume 70, Number 5)]
[Notices]
[Page 1501]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ja05-120] ----------------------------------------------------------------------- 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 8 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 would
not provide a level of safety that will equal or exceed the level of
safety maintained without the exemptions for these commercial motor
vehicle (CMV) drivers. FOR FURTHER INFORMATION CONTACT: Ms. Maggie Gunnels, Office of Bus and
Truck Standards and Operations, (MC-PSD), (202) 366-4001, 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 8 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. Four applicants, Brian J. Carew, Dale R. Gansz, Thomas J. Martin,
and Uve Witsch, 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. Two applicants, James F. Gaab and Armand O. Rondeau, do not have 3
years of experience driving a CMV on public highways with insulin-
treated diabetes mellitus. One applicant from Canada, Norman Peltzer, applied for an
exemption. The medical reciprocity agreement between the United States
(U.S.) 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 standard is valid for operations only
within the U.S. It does not exempt the driver from the physical
qualification standards of any bordering jurisdiction. One applicant, Joseph R. Suits, did not hold a license that allowed
for operation of a vehicle with a gross combination weight rating over
26,001 lbs. for all or part of the 3-year period. Issued on: December 28, 2004.
Pamela M. Pelcovits,
Director, Policy, Plans, and Program Development.
[FR Doc. 05-296 Filed 1-6-05; 8:45 am]
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