[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Notices]
[Pages 69734-69737]
[FR Doc No: 2010-28695]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0355]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption from the diabetes mellitus
standard; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 21 individuals
for exemption from the prohibition against persons with insulin-treated
diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in
interstate commerce. If granted, the exemptions would enable these
individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before December 15, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2010-0355 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations 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 21 individuals
listed in this notice have recently requested such 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 statutes.

Qualifications of Applicants

Roger H. Allen

    Mr. Allen, age 60, has had ITDM since 2006. His endocrinologist
examined him in 2010 and certified that he has had no severe
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 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin;

and is able to drive a CMV safely. Mr. Allen meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His optometrist examined
him in 2010 and certified that he does not have diabetic retinopathy.
He holds a Class A Commercial Driver's License (CDL) from North
Carolina.

Thomas H. Baalmann

    Mr. Baalmann, 66, has had ITDM since 2008. His endocrinologist
examined him in 2010 and certified that he has had no severe
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 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Baalmann meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he does not have diabetic retinopathy. He holds a Class A CDL from
Kansas.

Jerry A. Barber

    Mr. Barber, 65, has had ITDM since 2010. His endocrinologist
examined him in 2010 and certified that he has had no severe
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 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Barber meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from New
York.

Robert V. Boltz

    Mr. Boltz, 63, has had ITDM since 2009. His endocrinologist
examined him in 2010 and certified that he has had no severe
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 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Boltz meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he does not have diabetic retinopathy. He holds a Class A CDL from
Pennsylvania.

Julie A. Brandvold

    Ms. Brandvold, 43, has had ITDM since 2005. Her endocrinologist
examined her in 2010 and certified that she has had no severe
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 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years;
understands diabetes management and monitoring; has stable control of
her diabetes using insulin; and is able to drive a CMV safely. Ms.
Brandvold meets the requirements of the vision standard at 49 CFR
391.41(b)(10). Her optometrist examined her in 2010 and certified that
she does not have diabetic retinopathy. She holds a Class D operator's
license from North Dakota.

Richard E. Crum

    Mr. Crum, 60, has had ITDM since 2007. His endocrinologist examined
him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years; understands
diabetes management and monitoring; has stable control of his diabetes
using insulin; and is able to drive a CMV safely. Mr. Crum meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2010 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Illinois.

Marc A. Cunningham

    Mr. Cunningham, 31, has had ITDM since 1987. His endocrinologist
examined him in 2010 and certified that he has had no severe
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 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Cunningham meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class D operator's
license from North Dakota.

Terry D. Cunningham

    Mr. Cunningham, 58, has had ITDM since 2004. His endocrinologist
examined him in 2010 and certified that he has had no severe
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 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Cunningham meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
Ohio.

William S. Dawson

    Mr. Dawson, 42, has had ITDM since 2010. His endocrinologist
examined him in 2010 and certified that he has had no severe
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 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Dawson meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he does not have diabetic retinopathy. He holds a Class A CDL from
North Carolina.

Dean A. Dalessandro

    Mr. Dalessandro, 55, has had ITDM since 2007. His endocrinologist
examined him in 2010 and certified that he has had no severe
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 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.

Dalessandro meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
Massachusetts.

Albert H. Feldt

    Mr. Feldt, 49, has had ITDM since 2009. His endocrinologist
examined him in 2010 and certified that he has had no severe
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 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Feldt meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
Missouri.

Christopher J. Grause

    Mr. Grause, 32, has had ITDM since 2001. His endocrinologist
examined him in 2010 and certified that he has had no severe
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 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Grause meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
South Dakota.

Shannon A. Griffin

    Mr. Griffin, 23, has had ITDM since 2009. His endocrinologist
examined him in 2010 and certified that he has had no severe
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 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Griffin meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class F operator's
license from Missouri which allows him to drive any non-commercial
vehicle except motorcycles.

Edward M. Houston

    Mr. Houston, 49, has had ITDM since 1992. His endocrinologist
examined him in 2010 and certified that he has had no severe
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 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Houston meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he has stable nonproliferative diabetic retinopathy. He holds a
Class B CDL from California.

John R. MacDougall

    Mr. MacDougall, 52, has had ITDM since 2002. His endocrinologist
examined him in 2010 and certified that he has had no severe
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 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
MacDougall meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
Connecticut.

Carlos E. Martinez

    Mr. Martinez, 61, has had ITDM since approximately 2006. His
endocrinologist examined him in 2010 and certified that he has had no
severe 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 12 months
and no recurrent (2 or more) severe hypoglycemic episodes in the last 5
years; understands diabetes management and monitoring; has stable
control of his diabetes using insulin; and is able to drive a CMV
safely. Mr. Martinez meets the requirements of the vision standard at
49 CFR 391.41(b)(10). His ophthalmologist examined him in 2010 and
certified that he does not have diabetic retinopathy. He holds a Class
D operator's license from Connecticut.

Matthew M. Rollins

    Mr. Rollins, 31, has had ITDM since 2010. His endocrinologist
examined him in 2010 and certified that he has had no severe
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 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Rollins meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class B CDL from
South Carolina.

Shawn G. Sherman

    Mr. Sherman, 57, has had ITDM since 2000. His endocrinologist
examined him in 2010 and certified that he has had no severe
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 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Sherman meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from New
York.

Mark W. Shuff

    Mr. Shuff, 63, has had ITDM since 2010. His endocrinologist
examined him in 2010 and certified that he has had no severe
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 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Shuff meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have

diabetic retinopathy. He holds a Class E operator's license from
Louisiana.

Steven M. Simpson

    Mr. Simpson, 50, has had ITDM since 2009. His endocrinologist
examined him in 2010 and certified that he has had no severe
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 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Simpson meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he does not have diabetic retinopathy. He holds a Class A CDL from
Indiana.

James H. Smith

    Mr. Smith, 66, has had ITDM since 2007. His endocrinologist
examined him in 2010 and certified that he has had no severe
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 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years;
understands diabetes management and monitoring; has stable control of
his diabetes using insulin; and is able to drive a CMV safely. Mr.
Smith meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2010 and certified that
he does not have diabetic retinopathy. He holds a Class D operator's
license from Washington, DC.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, 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 in the date section
of the notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users requires
the Secretary to revise its diabetes exemption program established on
September 3, 2003 (68 FR 52441).\1\ The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
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    \1\ Section 4129(a) refers to the 2003 notice as a ``final
rule.'' However, the 2003 notice did not issue a ``final rule'' but
did establish the procedures and standards for issuing exemptions
for drivers with ITDM.
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    Section 4129 requires: (1) Elimination of the requirement for 3
years of experience operating CMVs while being treated with insulin;
and (2) establishment of a specified minimum period of insulin use to
demonstrate stable control of diabetes before being allowed to operate
a CMV.
    In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year driving experience and fulfilled
the requirements of section 4129 while continuing to ensure that
operation of CMVs by drivers with ITDM will achieve the requisite level
of safety required of all exemptions granted under 49 U.S.C.. 31136
(e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs
with ITDM are not held to a higher standard than other drivers, with
the exception of limited operating, monitoring and medical requirements
that are deemed medically necessary. The FMCSA concluded that all of
the operating, monitoring and medical requirements set out in the
September 3, 2003 notice, except as modified, were in compliance with
section 4129(d). Therefore, all of the requirements set out in the
September 3, 2003 notice, except as modified by the notice in the
Federal Register on November 8, 2005 (70 FR 67777), remain in effect.

    Issued on: November 5, 2010.
Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2010-28695 Filed 11-12-10; 8:45 am]
BILLING CODE P


[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Notices]
[Pages 32809-32810]
[FR Doc No: 2017-15059]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP17-860-000.
    Applicants: Dauphin Island Gathering Partners.
    Description: 2016 Cash Out Report of of Dauphin Island Gathering
Partners.
    Filed Date: 06/28/2017.
    Accession Number: 20170628-5206.
    Comment Date: 5:00 p.m. Eastern Time on Monday, July 17, 2017.

    Docket Numbers: RP17-894-000.
    Applicants: Dominion Energy Questar Pipeline, LLC.
    Description: Dominion Energy Questar Pipeline, LLC submits tariff
filing per 154.204: FSS Semi-annual Testing to be effective 8/10/2017.
    Filed Date: 07/10/2017.
    Accession Number: 20170710-5373.
    Comment Date: 5:00 p.m. Eastern Time on Monday, July 24, 2017.

    Docket Numbers: RP17-895-000.

    Applicants: Chesapeake Energy Marketing, L.L.C.,WSGP Gas Producing,
LLC.
    Description: Joint Petition of Chesapeake Energy Marketing, L.L.C.,
et al. for Limited Waiver and Request for Expedited Action.
    Filed Date: 07/10/2017.
    Accession Number: 20170710-5412.
    Comment Date: 5:00 p.m. Eastern Time on Thursday, July 20, 2017.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and Sec.  385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
may be considered, but intervention is necessary to become a party to
the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 12, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-15059 Filed 7-17-17; 8:45 am]
 BILLING CODE 6717-01-P