21316 Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Notices 

Maryland. His driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Dustin N. Sullivan 

Mr. Sullivan, 24, has had amblyopia 

in his right eye since childhood. The 

best corrected visual acuity in his right 

eye is 20/100 and in the left, 20/20. 

Following an examination in 2006, his 

ophthalmologist noted, ‘‘In my medical 

opinion, Dustin Sullivan has sufficient 

vision to perform driving tasks required 

to operate a commercial vehicle.’’ Mr. 

Sullivan reported that he has driven 

straight trucks for 5 years, accumulating 

250,000 miles, and tractor-trailer 

combinations for 31⁄2 years, 

accumulating 157,500 miles. He holds a 

Class A CDL from Maryland. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Thomas E. Summers 

Mr. Summers, 59, has loss of vision in 

his right eye due to a traumatic injury 

sustained as a child. The best corrected 

visual acuity in his right eye is light 

perception and in the left, 20/25. 

Following an examination in 2006, his 

ophthalmologist noted, ‘‘I believe he has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Summers reported that he 

has driven tractor-trailer combinations 

for 29 years, accumulating 2 million 

miles. He holds a Class A CDL from 

Ohio. His driving record for the last 3 

years shows no crashes and one 

conviction for a moving violation, speed 

in a CMV. He exceeded the speed limit 

by 8 mph. 

Jon C. Thompson 

Mr. Thompson, 48, has had latent 

nystagmus in his left eye since birth. 

The visual acuity in his right eye is 20/ 

25 and in the left, 20/200. Following an 

examination in 2006, his 

ophthalmologist noted, ‘‘It is my 

opinion that in his current medical 

status, that Mr. Thompson has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Thompson reported that 

he has driven straight trucks for 26 

years, accumulating 1.1 million miles, 

and tractor-trailer combinations for 2 

years, accumulating 90,000 miles. He 

holds a Class A CDL from Arizona. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Lorenzo Wade 

Mr. Wade, 48, has loss of vision in his 

right eye due to retinal damage from 

broken blood vessels sustained as a 

child. The best corrected visual acuity 

in his right eye is 20/200 and in the left, 

20/20. Following an examination in 

2007, his optometrist noted, ‘‘I believe 

he has the vision necessary to continue 

to perform the driving tasks required to 

operate a commercial vehicle for his job, 

as he has done in the past.’’ Mr. Wade 

reported that he has driven straight 

trucks for 7 years, accumulating 68,600 

miles. He holds a Class C operator’s 

license from California. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

James S. Wheeler 

Mr. Wheeler, 62, has complete loss of 

vision in his right eye due to a traumatic 

injury sustained in 1967. The best 

corrected visual acuity in his left eye is 

20/20. Following an examination in 

2006, his optometrist noted, ‘‘This 

patient has sufficient vision to perform 

driving tasks with commercial 

vehicles.’’ Mr. Wheeler reported that he 

has driven straight trucks for 32 years, 

accumulating 2.8 million miles, and 

tractor-trailer combinations for 32 years, 

accumulating 2.4 million miles. He 

holds a Class A CDL from Mississippi. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Tommy N. Whitworth 

Mr. Whitworth, 53, has had 

amblyopia in his right eye since 

childhood. The visual acuity in his right 

eye is 20/50 and in the left, 20/20. 

Following an examination in 2006, his 

ophthalmologist noted, ‘‘In my opinion, 

this patient has sufficient visual acuity 

with both eyes open to operate a 

commercial vehicle.’’ Mr. Whitworth 

reported that he has driven tractortrailer combinations for 20 years, 

accumulating 2 million miles, and buses 

for 1 1⁄2 years, accumulating 22,500 

miles. He holds a Class A CDL from 

Texas. His driving record for the last 3 

years shows no crashes and no 

convictions for moving violations in a 

CMV. 

James M. Williams 

Mr. Williams, 53, has had amblyopia 

in his right eye since birth. The best 

corrected visual acuity in his right eye 

is 20/400 and in the left, 20/20. 

Following an examination in 2006, his 

optometrist noted, ‘‘This person is 

capable of operating a commercial 

vehicle in any state without restriction.’’

Mr. Williams reported that he has 

driven straight trucks for 19 years, 

accumulating 475,000 miles, and 

tractor-trailer combinations for 16 years, 

accumulating 320,000 miles. He holds a 

Class A CDL from Virginia. His driving 

record for the last 3 years shows no 

crashes and one conviction for a moving 

violation in a CMV, failure to obey a 

traffic sign. 

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. The Agency will consider all 

comments received before the close of 

business May 30, 2007. Comments will 

be available for examination in the 

docket at the location listed under the 

ADDRESSES section of this notice. The 

Agency will file comments received 

after the comment closing date in the 

public docket, and will consider them to 

the extent practicable. In addition to late 

comments, FMCSA will also continue to 

file, in the public docket, relevant 

information that becomes available after 

the comment closing date. Interested 

persons should monitor the public 

docket for new material. 

Issued on: April 24, 2007. 

Pamela M. Pelcovits, 

Acting Associate Administrator, Policy and 

Program Development. 

[FR Doc. E7–8177 Filed 4–27–07; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2006–26600] 

Qualification of Drivers; Exemption 

Applications; Diabetes 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt fifty-five individuals 

from its rule prohibiting persons with 

insulin-treated diabetes mellitus (ITDM) 

from operating commercial motor 

vehicles (CMVs) in interstate commerce. 

The exemptions will enable these 

individuals to operate CMVs in 

interstate commerce. 

DATES: The exemptions are effective 

April 30, 2007. The exemptions expire 

on June 1, 2009. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Chief, Physical 

Qualifications Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 400 

Seventh Street, SW., Washington, DC 

20590–0001. Office hours are from 8:30 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Notices 21317 

a.m. to 5 p.m., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

You may see all the comments online 

through the Document Management 

System (DMS) at: http://dmses.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

dms.dot.gov and/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. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of DOT’s 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, or 

other entity). You may review DOT’s 

complete Privacy Act Statement in the 

Federal Register (65 FR 19477, Apr. 11, 

2000). This statement is also available at 

http://dms.dot.gov. 

Background 

On March 1, 2007, FMCSA published 

a notice of receipt of Federal diabetes 

exemption applications from fifty-five 

individuals, and requested comments 

from the public (72 FR 9399). The 

public comment period closed on April 

2, 2007 and two comments were 

received. 

FMCSA has evaluated the eligibility 

of the fifty-five applicants and 

determined that granting the 

exemptions to these individuals would 

achieve a level of safety equivalent to, 

or greater than, the level that would be 

achieved by complying with the current 

regulation 49 CFR 391.41(b)(3). The 

Agency would like to publish a 

correction to Mr. Cottongim’s profile. 

Mr. Cottongim was published as having 

an operator’s license from the State of 

Ohio when he actually holds an 

operator’s license from the State of 

Indiana. 

Diabetes Mellitus and Driving 

Experience of the Applicants 

The Agency established the current 

standard for diabetes in 1970 because 

several risk studies indicated that 

diabetic drivers had a higher rate of 

crash involvement than the general 

population. The diabetes rule provides 

that ‘‘A person is physically qualified to 

drive a commercial motor vehicle if that 

person has no established medical 

history or clinical diagnosis of diabetes 

mellitus currently requiring insulin for 

control’’ (49 CFR 391.41(b)(3)). 

FMCSA established its diabetes 

exemption program, based on the 

Agency’s July 2000 study entitled ‘‘A 

Report to Congress on the Feasibility of 

a Program to Qualify Individuals with 

Insulin-Treated Diabetes Mellitus to 

Operate in Interstate Commerce as 

Directed by the Transportation Act for 

the 21st Century.’’ The report concluded 

that a safe and practicable protocol to 

allow some drivers with Insulin-Treated 

Diabetes Mellitus (ITDM) to operate 

CMVs is feasible. The 2003 notice in 

conjunction with the November 8, 2005 

(70 FR 67777) Federal Register Notice 

provides the current protocol for 

allowing such drivers to operate CMVs 

in interstate commerce. 

These fifty-five applicants have had 

ITDM over a range of 1 to 40 years. 

These applicants report no 

hypoglycemic reaction that resulted in 

loss of consciousness or seizure, that 

required the assistance of another 

person, or resulted in impaired 

cognitive function without warning 

symptoms in the past 5 years (with one 

year of stability following any such 

episode). In each case, an 

endocrinologist has verified that the 

driver has demonstrated willingness to 

properly monitor and manage their 

diabetes, received education related to 

diabetes management, and is on a stable 

insulin regimen. These drivers report no 

other disqualifying conditions, 

including diabetes-related 

complications. Each meets the vision 

standard at 49 CFR 391.41(b)(10). 

The qualifications and medical 

condition of each applicant were stated 

and discussed in detail in the March 1, 

2007, Federal Register Notice (72 FR 

9399). Because there were no docket 

comments on the specific merits or 

qualifications of any applicant, we have 

not repeated the individual profiles 

here. 

Basis for Exemption Determination 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption from 

the diabetes standard in 49 CFR 

391.41(b)(3) if the exemption is likely to 

achieve an equivalent or greater level of 

safety than would be achieved without 

the exemption. The exemption allows 

the applicants to operate CMVs in 

interstate commerce. 

To evaluate the effect of these 

exemptions on safety, FMCSA 

considered medical reports about the 

applicants’ ITDM and vision, and 

reviewed the treating endocrinologist’s 

medical opinion related to the ability of 

the driver to safely operate a CMV while 

using insulin. 

Consequently, FMCSA finds that 

exempting these applicants from the 

diabetes standard in 49 CFR 391.41(b)(3) 

is likely to achieve a level of safety 

equal to that existing without the 

exemption. 

Conditions and Requirements 

The terms and conditions of the 

exemption will be provided to the 

applicants in the exemption document 

and they include the following: (1) That 

each individual submit a quarterly 

monitoring checklist completed by the 

treating endocrinologist as well as an 

annual checklist with a comprehensive 

medical evaluation; (2) that each 

individual reports within 2 business 

days of occurrence, all episodes of 

severe hypoglycemia, significant 

complications, or inability to manage 

diabetes; also, any involvement in an 

accident or any other adverse event in 

a CMV or personal vehicle, whether or 

not they are related to an episode of 

hypoglycemia; (3) that each individual 

provide a copy of the ophthalmologist’s 

or optometrist’s report to the medical 

examiner at the time of the annual 

medical examination; and (4) that each 

individual provide a copy of the annual 

medical certification to the employer for 

retention in the driver’s qualification 

file, or keep a copy in his/her driver’s 

qualification file if he/she is selfemployed. The driver must also have a 

copy of the certification when driving, 

for presentation to a duly authorized 

Federal, State, or local enforcement 

official. 

Discussion of Comments 

FMCSA received two comments in 

this proceeding. The comments are 

considered and discussed below. 

A letter of recommendation was 

received in favor of granting the Federal 

diabetes exemption to Mr. Jamison P. 

Noel. It was written by Pamela R. Miller 

who states that Mr. Noel takes 

exceptional care of his health and is 

very responsible. 

The World Privacy Forum stated its 

concern that personal medical 

information tied to identifiable 

individuals is being published in the 

Federal Register. They are of the 

opinion that the disclosure of the 

medical status of these individuals can 

have negative consequences for them 

and their family members. 

The Transportation Equity Act (TEA 

21), Section 4007 states that ‘‘upon 

receipt of an exemption request, the 

Secretary shall publish in the Federal 

Register a notice explaining the request 

that has been filed and shall give the 

public an opportunity to inspect the 

safety analysis and any other relevant 

information known to the Secretary and 

to comment on the request. This 


rwilkins on PROD1PC63 with NOTICES
21318 Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Notices 

subparagraph does not require the 

release of information protected by law 

from public disclosure.’’

The Agency publishes a profile on 

each individual that submits an 

application in order to provide the 

public with the information required by 

TEA 21. The Federal diabetes 

exemption application informs the 

applicant, in detail, of all information 

that will be published in the Federal 

Register related to their application. 

Therefore, each applicant is fully 

informed of this requirement prior to 

submitting their application. 

Conclusion 

After considering the comments to the 

docket and based upon its evaluation of 

the fifty-five exemption applications, 

FMCSA exempts, James F. Andrews, 

Roger D. Balzan, Ronald K. Barker, 

James A. Bettis, Daniel W. Bezdek, 

James A. Burchette, Andrew J. Causey, 

Ross E. Cheney, Joan L. Chumney, Jerry 

R. Chandler, Leonard T. Coker, Robert S. 

Conchola, Sr., Robert M. Cottongim, 

Don C. Doerfler, Frederick J. Fath, Jason 

L. Freeseman, Rusty W. Frost, Marcel C. 

Gagnier, Steven A. Gibbs, Kenneth D. 

Gregory, Perry S. Green, Paul M. Harris, 

Andrew J. Hayek, Gary L. Koehn, 

Randall B. Kutzke, Michael J. Marlin, 

Marc K. Marsing, Frank J. Mattos, 

Winfred A. McMurray, Edward T. 

Megee, Steven T. Moody, Paul E. 

Mougin, Timothy W. Nelson, Richard 

W. Newman, Jamison P. Noel, Rex S. 

Norquist, Steven B. Novak, Lawrence E. 

Olson, Ronnie L. Patterson, Benigno A. 

Piedra, David L. Rice, Emiliano Rios, 

Russell D. Rockefeller, Matthew T. 

Russell, Larry V. Schwaller, Ellis D. 

Scott, Scott Sheerer, Lowell P. Smith, 

Richard L. Strange, Samuel G. Thiel, 

Robert J. Varetoni, Michael R. Vaupel, 

David G. White, and Ray W. Wright 

from the ITDM standard in 49 CFR 

391.41(b)(3), subject to the conditions 

listed under ‘‘Conditions and 

Requirements’’ above. 

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

and 31315 each exemption will be valid 

for two 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(e) 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: April 24, 2007. 

Pamela M. Pelcovits, 

Acting Associate Administrator, Policy and 

Program Development. 

[FR Doc. E7–8178 Filed 4–27–07; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2007–28000] 

Requested Administrative Waiver of 

the Coastwise Trade Laws 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Invitation for public comments 

on a requested administrative waiver of 

the Coastwise Trade Laws for the vessel 

RELAX A WILE. 

SUMMARY: As authorized by Public Law 

105–383 and Public Law 107–295, the 

Secretary of Transportation, as 

represented by the Maritime 

Administration (MARAD), is authorized 

to grant waivers of the U.S.-build 

requirement of the coastwise laws under 

certain circumstances. A request for 

such a waiver has been received by 

MARAD. The vessel, and a brief 

description of the proposed service, is 

listed below. The complete application 

is given in DOT docket MARAD–2007–

28000 at http://dms.dot.gov. Interested 

parties may comment on the effect this 

action may have on U.S. vessel builders 

or businesses in the U.S. that use U.S.- 

flag vessels. If MARAD determines, in 

accordance with Public Law 105–383 

and MARAD’s regulations at 46 CFR 

part 388 (68 FR 23084; April 30, 2003), 

that the issuance of the waiver will have 

an unduly adverse effect on a U.S.- 

vessel builder or a business that uses 

U.S.-flag vessels in that business, a 

waiver will not be granted. Comments 

should refer to the docket number of 

this notice and the vessel name in order 

for MARAD to properly consider the 

comments. Comments should also state 

the commenter’s interest in the waiver 

application, and address the waiver 

criteria given in § 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

DATES: Submit comments on or before 

May 30, 2007. 

ADDRESSES: Comments should refer to 

docket number MARAD–2007–28000. 

Written comments may be submitted by 

hand or by mail to the Docket Clerk, 

U.S. DOT Dockets, Room PL–401, 

Department of Transportation, 400 7th 

St., SW., Washington, DC 20590–0001. 

You may also send comments 

electronically via the Internet at http:// 

dmses.dot.gov/submit/. All comments 

will become part of this docket and will 

be available for inspection and copying 

at the above address between 10 a.m. 

and 5 p.m., E.T., Monday through 

Friday, except Federal holidays. An 

electronic version of this document and 

all documents entered into this docket 

is available on the World Wide Web at 

http://dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joann Spittle, U.S. Department of 

Transportation, Maritime 

Administration, MAR–830 Room 7201, 

400 Seventh Street, SW., Washington, 

DC 20590. Telephone 202–366–5979. 

SUPPLEMENTARY INFORMATION: As 

described by the applicant the intended 

service of the vessel RELAX A WILE is: 

Intended Use: ‘‘Charter (Coastwise 

trade 20%).’’

Geographic Region: ‘‘Inland and 

coastal waters of the east coast USA 

between Eastport, ME and Cedar Key, 

FL (Maine, New Hampshire, 

Massachusetts, Rhode Island, 

Connecticut, New York, New Jersey, DE, 

MD, VA, NC, SC, GA, FL, the Bahamas, 

Turks & Caicos Islands.’’

Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://dms.dot.gov. 

Dated: April 19, 2007. 

By order of the Maritime Administrator. 

Daron T. Threet, 

Secretary, Maritime Administration. 

[FR Doc. E7–8194 Filed 4–27–07; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

Marine Transportation System National 

Advisory Council 

ACTION: National Advisory Council 

public meeting. 

SUMMARY: The Maritime Administration 

announces that the Marine 

Transportation System National 

Advisory Council (MTSNAC) will hold 

a meeting to discuss progress on public 

and private sector recommendations 

from the Council’s Intermodal Report, 

expanded MTS education outreach, and 

regional MTS activities. A public 


rwilkins on PROD1PC63 with NOTICES