[Federal Register Volume 72, Number 40 (Thursday, March 1, 2007)]
[Notices]
[Pages 9399-9405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3515]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-26600]


Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

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

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SUMMARY: FMCSA announces receipt of applications from 55 individuals 
for exemptions 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 commercial motor vehicles in 
interstate commerce.

DATES: Comments must be received on or before April 2, 2007.

ADDRESSES: You may submit comments identified by Department of 
Transportation (DOT) Docket Management System (DMS) Docket Number 
FMCSA-2006-26600 using any of the following methods:
    <bullet> Web Site: http://dmses.dot.gov. Follow the instructions 
for submitting comments on the DOT electronic docket site.
    <bullet> Fax: 1-202-493-2251.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
    All submissions must include the Agency name and docket number for 
this Notice. Note that all comments received will be posted without 
change to http://dms.dot.gov, including any personal information 
provided. Please see the Privacy Act heading under Regulatory Notices. 
To read background documents or comments received, go to http://dms.dot.gov or to Room PL-401 on the plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC between 9 a.m. and 5 
p.m. Monday through Friday, except Federal holidays.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or Room PL-401 
on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The DMS 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 the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477; Apr. 11, 2000). This 
information is also available at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical 
Qualifications Division, (202) 366-4001, <a href="/cdn-cgi/l/email-protection#9ff2fef8f8f6b1f8eaf1f1faf3ecdffbf0ebb1f8f0e9"><span class="__cf_email__" data-cfemail="670a0600000e4900120909020b142703081349000811">[email protected]</span></a>, FMCSA, 
Department of Transportation, 400 Seventh Street, SW., Room 8301, 
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 
for a 2-year period if it finds ``such exemption would likely achieve a 
level of safety

[[Page 9400]]

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 55 individuals 
listed in this notice have recently requested 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 
statute.

Qualifications of Applicants

James F. Andrews

    Mr. Andrews, age 43, has had ITDM since 2001. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Andrews meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he does not 
have diabetic retinopathy. He holds a Class A Commercial Driver's 
License (CDL) from New Hampshire.

Roger D. Balzan

    Mr. Balzan, 65, has had ITDM since 2001. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Balzan meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class D operator's license from 
Arizona.

Ronald K. Barker

    Mr. Barker, 55, has had ITDM since 1988. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Barker meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he does not 
have diabetic retinopathy. He holds a Class C operator's license from 
California.

James A. Bettis

    Mr. Bettis, 31, has had ITDM since 1984. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Bettis meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class B CDL from 
Missouri.

Daniel W. Bezdek

    Mr. Bezdek, 26, has had ITDM since 1987. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Bezdek meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from Ohio.

James A. Burchette

    Mr. Burchette, 46, has had ITDM since 1996. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Burchette meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from California.

Andrew J. Causey

    Mr. Causey, 27, has had ITDM since 2006. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Causey meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Maryland.

Ross E. Cheney

    Mr. Cheney, 58, has had ITDM since 2005. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Cheney meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Missouri.

Joan L. Chumney

    Ms. Chumney, 50, has had ITDM since 2001. Her endocrinologist 
examined her in 2006 and certified that she has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of her diabetes using 
insulin, and is able to drive a CMV safely. Ms. Chumney meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
ophthalmologist examined her in 2006 and certified that she does not 
have diabetic retinopathy. She holds a Class D operator's license from 
Arizona.

[[Page 9401]]

Jerry R. Chandler

    Mr. Chandler, 55, has had ITDM since 1967. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Chandler meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class D operator's 
license from Alabama.

Leonard T. Coker

    Mr. Coker, 56, has had ITDM since 2005. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Coker meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Georgia.

Robert S. Conchola, Sr.

    Mr. Concohola, 51, has had ITDM since 2005. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Conchola meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Kansas.

Robert M. Cottongim

    Mr. Cottongim, 58 has had ITDM since 2004. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Cottongim meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds an operator's license from Ohio.

Don C. Doerfler

    Mr. Doerfler, 39, has had ITDM since 2005. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Doerfler meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Texas.

Frederick J. Fath

    Mr. Fath, 59, has had ITDM since 2006. His endocrinologist examined 
him in 2006 and certified that he has had no 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 5 years; understands diabetes management 
and monitoring; and has stable control of his diabetes using insulin, 
and is able to drive a CMV safely. Mr. Fath meets the requirements of 
the vision standard at 49 CFR 391.41(b)(10). His optometrist examined 
him in 2006 and certified that he does not have diabetic retinopathy. 
He holds a Class D operator's license from Illinois.

Jason L. Freeseman

    Mr. Freeseman, 19, has had ITDM since 2001. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Freeseman meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Iowa.

Rusty W. Frost

    Mr. Frost, 28, has had ITDM since 1984. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Frost meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from New Mexico.

Marcel C. Gagnier

    Mr. Gagnier, 53, has had ITDM since 2004. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Gagnier meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class C operator's license from Nevada

Steven A. Gibbs

    Mr. Gibbs, 39, has had ITDM since 2001. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Gibbs meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Georgia.

[[Page 9402]]

Kenneth D. Gregory

    Mr. Gregory, 61, has had ITDM since 2005. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Gregory meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Illinois.

Perry S. Green

    Mr. Green, 49, has had ITDM since 1995. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Green meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Florida.

Paul M. Harris

    Mr. Harris, 61, has had ITDM since 2005. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Harris meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Missouri.

Robert A. Hartung

    Mr. Hartung, 50, has had ITDM since 1989. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Hartung meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Michigan.

Andrew J. Hayek

    Mr. Hayek, 41, has had ITDM since 1997. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Hayek meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he has stable 
proliferative diabetic retinopathy. He holds a Class B CDL from 
Wisconsin.

Gary L. Koehn

    Mr. Koehn, 52, has had ITDM since 2003. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Koehn meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Nebraska.

Randall B. Kutzke

    Mr. Kutzke, 46, has had ITDM since 2003. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Kutzke meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Kansas.

Michael J. Marlin

    Mr. Marlin, 51, has had ITDM since 2004. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Marlin meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from North Carolina.

Marc K. Marsing

    Mr. Marsing, 36, has had ITDM since 1990. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Marsing meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class D operator's 
license from Utah.

Frank J. Mattos

    Mr. Mattos, 59, has had ITDM since 2004. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Mattos meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy.

[[Page 9403]]

He holds a Class C operator's license from California.

Winfred A. McMurray

    Mr. McMurray, 61, has had ITDM since 2006. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. McMurray meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from South Carolina.

Edward T. Megee

    Mr. Megee, 46, has had ITDM since 1987. His endocrinologist 
examined him in February 2006 and certified that he has had no 
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 5 years; understands 
diabetes management and monitoring; and has stable control of his 
diabetes using insulin, and is able to drive a CMV safely. Mr. Megee 
meets the requirements of the vision standard at 49 CFR 391.41(b)(10). 
His ophthalmogist examined him in 2006 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class C operator's 
license from California.

Steven T. Moody

    Mr. Moody, 40, has had ITDM since 1972. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Moody meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he does not 
have diabetic retinopathy. He holds a Class D operator's license from 
Alabama.

Paul E. Mougin

    Mr. Mougin, 58, has had ITDM since 2006. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Mougin meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Massachusetts.

Timothy W. Nelson

    Mr. Nelson, 49, has had ITDM since 1977. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Nelson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Minnesota.

Richard W. Newman

    Mr. Newman, 51, has had ITDM since 1970. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Newman meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he has stable 
proliferative diabetic retinopathy. He holds a Class B CDL from New 
York.

Jamison P. Noel

    Mr. Noel, 18, has had ITDM since 2003. His endocrinologist examined 
him in 2006 and certified that he has had no 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 5 years; understands diabetes management 
and monitoring; and has stable control of his diabetes using insulin, 
and is able to drive a CMV safely. Mr. Noel meets the requirements of 
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist 
examined him in 2006 and certified that he does not have diabetic 
retinopathy. He holds a Class C operator's license from Iowa.

Rex S. Norquist

    Mr. Norquist, 57, has had ITDM since 1999. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Norquist meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Kansas.

Steven B. Novak

    Mr. Novak, 47, has had ITDM since 1999. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Novak meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from California.

Lawrence E. Olson

    Mr. Olson, 58, has had ITDM since 2005. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Olson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His

[[Page 9404]]

ophthalmologist examined him in 2006 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Washington.

Ronnie L. Patterson

    Mr. Patterson, 51, has had ITDM since 2006. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Patterson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Minnesota.

Benigno A. Piedra

    Mr. Piedra, 45, has had ITDM since 2005. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Piedra meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from New Jersey.

David L. Rice

    Mr. Rice, 41, has had ITDM since 1996. His endocrinologist examined 
him in 2006 and certified that he has had no 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 5 years; understands diabetes management 
and monitoring; and has stable control of his diabetes using insulin, 
and is able to drive a CMV safely. Mr. Rice meets the requirements of 
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist 
examined him in 2006 and certified that he has stable nonproliferative 
diabetic retinopathy. He holds a Class A CDL from Maine.

Emiliano Rios

    Mr. Rios, 43, has had ITDM since 2005. His endocrinologist examined 
him in 2006 and certified that he has had no 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 5 years; understands diabetes management 
and monitoring; and has stable control of his diabetes using insulin, 
and is able to drive a CMV safely. Mr. Rios meets the requirements of 
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist 
examined him in 2006 and certified that he does not have diabetic 
retinopathy. He holds a Class A CDL from Pennsylvania.

Russell D. Rockefeller

    Mr. Rockefeller, 43, has had ITDM since 2004. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Rockefeller meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from New 
York.

Matthew T. Russell

    Mr. Russell, 26, has had ITDM since 1987. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Russell meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Tennessee.

Larry V. Schwaller

    Mr. Schwaller, 65, has had ITDM since 1990. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Schwaller meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class E operator's license from 
Missouri, which allows him to drive any non-commercial combination of 
motor vehicles with a gross vehicle weight less than 26,001 pounds.

Ellis D. Scott

    Mr. Scott, 59, has had ITDM since 1997. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Scott meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class D operator's 
license from Alabama.

Scott Sheerer

    Mr. Sheerer, 37, has had ITDM since 1986. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Sheerer meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class D operator's 
license from Ohio.

Lowell P. Smith

    Mr. Smith, 53, has had ITDM since 2005. His endocrinologist 
examined him in 2006 and certified that he has had no 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

[[Page 9405]]

past 5 years; understands diabetes management and monitoring; and 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 ophthalmologist examined him in 2006 and 
certified that he has stable nonproliferative diabetic retinopathy. He 
holds a Class A CDL from Iowa.

Richard L. Strange

    Mr. Strange, 56, has had ITDM since 2005. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Strange meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Iowa.

Samuel G. Thiel

    Mr. Thiel, 44, has had ITDM since 2002. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Thiel meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from North Dakota.

Robert J. Varetoni

    Mr. Varetoni, 55, has had ITDM since 2003. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Varetoni meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from New Jersey.

Michael R. Vaupel

    Mr. Vaupel, 26, has had ITDM since 1993. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Vaupel meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Kansas.

David G. White

    Mr. White, 41, has had ITDM since 1992. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. White meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Alabama.

Ray W. Wright

    Mr. Wright, 68, has had ITDM since 2005. His endocrinologist 
examined him in 2006 and certified that he has had no 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 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Wright meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmogist examined him in 2006 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Virginia.

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 earlier in the 
notice.
    FMCSA notes that Section 4129 of the Safe, Accountable, Flexible 
and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-
LU) 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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    Section 4129 requires: (1) The elimination of the requirement for 
three years of experience operating CMVs while being treated with 
insulin; and (2) the 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. 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 in the Notice in the Federal Register 
on November 8, 2005 (70 FR 67777), remain in effect.

    Issued on: February 22, 2007.
Larry W. Minor,
Office Director, Bus and Truck Standards and Operations.
[FR Doc. E7-3515 Filed 2-28-07; 8:45 am]
BILLING CODE 4910-EX-P


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