Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Notices 9399 

exemptions to individuals who have 

minimal moving violations and that 

being in the program promotes a driver 

to maintain a safe driving record. 

In regard to the two comments, the 

discussion under the heading, ‘‘Basis for 

Exemption Determination,’’ explains in 

detail the evaluation methods the 

Agency utilizes prior to granting an 

exemption to ensure that the granting of 

an exemption is likely to achieve an 

equivalent or greater level of safety than 

would be achieved without the 

exemption. To evaluate the effect of 

these exemptions on safety, FMCSA 

considered not only the medical reports 

about the applicants’ vision, but also 

their driving records and experience 

with the vision deficiency, and found 

that all 33 applicants met the Program’s 

eligibility criteria. FMCSA will continue 

to monitor each applicant’s driving 

safety record on a semi-annual basis to 

ensure continued compliance with the 

Program. 

Another anonymous individual 

believes that if a driver has a driving 

history with the vision deficiency and 

he/she has had no accidents, then the 

process should not take so long. 

The Agency has 180 days from the 

date a completed application is 

submitted to make a final determination 

whether to grant the exemption. FMCSA 

strives to expedite the processing of all 

applications received and is often 

successful in completing the process in 

less time. It is the Agency’s 

responsibility to ensure that the granting 

of an exemption is likely to achieve an 

equivalent or greater level of safety than 

would be achieved without the 

exemption. 

Conclusion 

Based upon its evaluation of the 33 

exemption applications, FMCSA 

exempts Kreis C. Baldridge, James L. 

Baynes, Daniel H. Bungartz, Thomas L. 

Carter, Orlando Colon, Donald D. 

Daniels, Jimmy W. Deadwyler, William 

E. Dolson, Michael A. Fouch, Paul R. 

Kerpsie, Gerald D. Larson, Carl A. 

Lohrbach, Donald R. McCracken, 

Sharon D. McDaniel, Larry E. McMillan, 

James E. Menz, William F. Nickel, 

Jeffrey L. Olson, John J. Payne, Chris H. 

Pedersen, Timmy J. Pottebaum, Jerald 

W. Rehnke, Donnie R. Riggs, Luis H. 

Sanchez, James A. Shepard, Timothy L. 

Shorey, Herbert W. Smith, Phillip L. 

Smith, Randall S. Surber, Roger A. 

Thein, Jr., Ernest W. Waff, Mikiel J. 

Wagner, and Joseph W. Wigley from the 

vision requirement in 49 CFR 

391.41(b)(10), subject to the 

requirements cited above (49 CFR 

391.64(b)). 

In accordance with 49 U.S.C. 31136(e) 

and 31315, each exemption will be valid 

for 2 years unless revoked earlier by 

FMCSA. The exemption will be revoked 

if: (1) The person fails to comply with 

the terms and conditions of the 

exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained before it was granted; or 

(3) continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136 and 31315. 

If the exemption is still effective at the 

end of the 2-year period, the person may 

apply to FMCSA for a renewal under 

procedures in effect at that time. 

Issued on: February 23, 2007. 

Larry W. Minor, 

Office Director, Bus and Truck Standards and 

Operations. 

[FR Doc. E7–3514 Filed 2–28–07; 8:45 am] 

BILLING CODE 4910–EX–P 

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. 

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: 

• Web Site: http://dmses.dot.gov. 

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• 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. 

• 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, 

maggi.gunnels@dot.gov, 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 


rmajette on PROD1PC67 with NOTICES
9400 Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Notices 

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. 


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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. 


rmajette on PROD1PC67 with NOTICES
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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. 


rmajette on PROD1PC67 with NOTICES
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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 


rmajette on PROD1PC67 with NOTICES
9404 Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Notices 

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 


rmajette on PROD1PC67 with NOTICES
Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Notices 9405 

1Section 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. 

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). 

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 


rmajette on PROD1PC67 with NOTICES