Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Notices 27625 

Jeffery W. Cotner 

John K. Fank 

Bobby G. Fletcher 

Lonny L. Ford 

Larry G. Garcia 

Raymond G. Hayden 

Robert E. Hendrick 

James A. Kneece 

Joe S. Lassiter III 

Gene A. Lesher, Jr. 

Wallace F. Mahan, Sr. 

Velmer L. McClelland 

Anthony R. Miles 

Raymond E. Morelock 

Kenneth L. Nau 

David W. Peterson 

Frederick G. Robbins 

Jose C. Sanchez-Sanchez 

Francis L. Savell 

David M. Stout 

Daniel R. Viscaya 

Daniel E. Watkins 

These exemptions are extended 

subject to the following conditions: (1) 

That each individual have a physical 

examination every year (a) by an 

ophthalmologist or optometrist who 

attests that the vision in the better eye 

continues to meet the standard in 49 

CFR 391.41(b)(10), and (b) by a medical 

examiner who attests that the individual 

is otherwise physically qualified under 

49 CFR 391.41; (2) 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 (3) that each 

individual provide a copy of the annual 

medical certification to the employer for 

retention in the driver’s qualification 

file and retain a copy of the certification 

on his/her person while driving for 

presentation to a duly authorized 

Federal, State, or local enforcement 

official. Each exemption will be valid 

for two years unless rescinded earlier by 

FMCSA. The exemption will be 

rescinded if: (1) The person fails to 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. 

Basis for Renewing Exemptions 

Under 49 U.S.C. 31315(b)(1), an 

exemption may be granted for no longer 

than two years from its approval date 

and may be renewed upon application 

for additional two year periods. In 

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

31315, each of the 26 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (65 FR 33406; 65 FR 

57234; 67 FR 67234; 70 FR 7545; 68 FR 

13360; 70 FR 12265; 65 FR 66286; 66 FR 

13825; 68 FR 10300; 70 FR 14747; 65 FR 

78256; 66 FR 16311; 67 FR 76439; 68 FR 

10298; 68 FR 10301; 68 FR 19596; 70 FR 

16886; 70 FR 2701; 70 FR 16887; 70 FR 

17504; 70 FR 30997). Each of these 26 

applicants has requested renewal of the 

exemption and has submitted evidence 

showing that the vision in the better eye 

continues to meet the standard specified 

at 49 CFR 391.41(b)(10) and that the 

vision impairment is stable. In addition, 

a review of each record of safety while 

driving with the respective vision 

deficiencies over the past two years 

indicates each applicant continues to 

meet the vision exemption standards. 

These factors provide an adequate basis 

for predicting each driver’s ability to 

continue to drive safely in interstate 

commerce. Therefore, FMCSA 

concludes that extending the exemption 

for each renewal applicant for a period 

of two years is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

Request for Comments 

FMCSA will review comments 

received at any time concerning a 

particular driver’s safety record and 

determine if the continuation of the 

exemption is consistent with the 

requirements at 49 U.S.C. 31136(e) and 

31315. However, FMCSA requests that 

interested parties with specific data 

concerning the safety records of these 

drivers submit comments by June 15, 

2007. 

FMCSA believes that the 

requirements for a renewal of an 

exemption under 49 U.S.C. 31136(e) and 

31315 can be satisfied by initially 

granting the renewal and then 

requesting and evaluating, if needed, 

subsequent comments submitted by 

interested parties. As indicated above, 

the Agency previously published 

notices of final disposition announcing 

its decision to exempt these 26 

individuals from the vision requirement 

in 49 CFR 391.41(b)(10). The final 

decision to grant an exemption to each 

of these individuals was based on the 

merits of each case and only after 

careful consideration of the comments 

received to its notices of applications. 

The notices of applications stated in 

detail the qualifications, experience, 

and medical condition of each applicant 

for an exemption from the vision 

requirements. That information is 

available by consulting the above cited 

Federal Register publications. 

Interested parties or organizations 

possessing information that would 

otherwise show that any, or all of these 

drivers, are not currently achieving the 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

evidence submitted and, if safety is 

being compromised or if continuation of 

the exemption would not be consistent 

with the goals and objectives of 49 

U.S.C. 31136(e) and 31315, FMCSA will 

take immediate steps to revoke the 

exemption of a driver. 

Issued on: May 9, 2007. 

Pamela M. Pelcovits, 

Acting Associate Administrator, Policy and 

Program Development. 

[FR Doc. E7–9338 Filed 5–15–07; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2007–27387] 

Qualification of Drivers; Exemption 

Applications; Diabetes 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA). 

ACTION: Notice of applications for 

exemptions from the diabetes standard; 

request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 57 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 CMVs in interstate 

commerce. 

DATES: Comments must be received on 

or before June 15, 2007. 

ADDRESSES: You may submit comments 

identified by Department of 

Transportation (DOT) Docket 

Management System (DMS) Docket 

Number FMCSA–2007–27387 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 


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27626 Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Notices 

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, 

fmcsamedical@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 

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 57 

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 

Darrell L. Allen 

Mr. Allen, age 37, 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. Allen 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 Commercial Driver’s License 

(CDL) from Missouri. 

Jeffery C. Badberg 

Mr. Badberg, 31, has had ITDM since 

1980. 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. Badberg 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 O operator’s license 

from Nebraska, which allows him 

operate any non-commercial vehicle 

except motorcycles. 

Kevin W. Bender 

Mr. Bender, 23, has had ITDM since 

2003. His endocrinologist examined him 

in 2007 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. Bender 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 New York. 

Karry J. Benfiet 

Mr. Benfiet, 54, 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. Benfiet meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2007 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from North 

Dakota. 

Ronnie T. Bledsoe 

Mr. Bledsoe, 37, has had ITDM since 

1986. His endocrinologist examined him 

in 2007 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. Bledsoe meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2007 and certified that 

he does not have diabetic retinopathy. 

He holds a Class C operator’s license 

from North Carolina. 

Ricky N. Blankenship 

Mr. Blankenship, 48, 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. Blankenship meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2006 and certified that 


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he does not have diabetic retinopathy. 

He holds a Class A CDL from Utah. 

Kevin E. Blythe 

Mr. Blythe, 46, 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. Blythe meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2007 

and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class B CDL from Arkansas. 

Clayton J. Bragg 

Mr. Bragg, 30, 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. Bragg 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 an operator’s 

license from Indiana, which allows him 

to drive any vehicle with a gross vehicle 

weight rating of 16,000 pounds or less, 

except motorcycles. 

James A. Broderick 

Mr. Broderick, 69, 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. Broderick 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 Montana. 

Clifford O. Bull 

Mr. Bull, 36, 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. Bull 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 South 

Carolina. 

Richard M. Carey 

Mr. Carey, 46, 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. Carey 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 North Carolina. 

Cary W. Chase 

Mr. Chase, 38, 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. Chase 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 Colorado. 

Robert L. Chestnut 

Mr. Chestnut, 68, 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. Chestnut 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 

Pennsylvania. 

Dino J. Coli, Jr. 

Mr. Coli, 53, 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. Coli 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 C 

operator’s license from Oregon. 

Larry E. Colson 

Mr. Colson, 45, 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. Colson meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2007 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from Colorado. 

Elijah N. Craft 

Mr. Craft, 66, 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 


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safely. Mr. Craft 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. 

Leonard Cunningham 

Mr. Cunningham, 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. Cunningham meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2007 

and certified that he does not have 

diabetic retinopathy. He holds a Class B 

operator’s license from Maryland, which 

allows him to drive non-commercial 

vehicles and combinations weighing 

26,001 or more pounds gross vehicle 

weight, except tractors, trailers, etc. 

LaVerne A. DeChausse 

Mr. DeChausse, 49, 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. DeChausse 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. 

Jason E. Earlywine 

Mr. Earlywine, 32, has had ITDM 

since 1976. 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. Earlywine 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 Kentucky. 

Eddie L. Edwards 

Mr. Edwards, 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. Edwards 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. 

Leroy Finn 

Mr. Finn, 66, has had ITDM since 

2004. His endocrinologist examined him 

in 2007 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. Finn meets the requirements 

of the vision standard at 49 CFR 

391.41(b)(10). His ophthalmologist 

examined him in 2007 and certified that 

he has stable nonproliferative diabetic 

retinopathy. He holds a Class A CDL 

from Illinois. 

John E. Fitch 

Mr. Fitch, 52, has had ITDM since 

1993. His endocrinologist examined him 

in 2007 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. Fitch meets the requirements 

of the vision standard at 49 CFR 

391.41(b)(10). His optometrist examined 

him in 2007 and certified that he does 

not have diabetic retinopathy. He holds 

a Class A CDL from Michigan. 

Steven L. Garland 

Mr. Garland, 57, has had ITDM since 

childhood. 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. Garland 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 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. 

William J. Gerlach 

Mr. Gerlach, 66, 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. Gerlach meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2007 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Ohio. 

Anthony Giulitto 

Mr. Giulitto, 38, 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. Giulitto 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 Arizona. 

Francis J. Godwin 

Mr. Godwin, 43, 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 


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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. Godwin 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 York. 

Ricky A. Goss 

Mr. Goss, 51, 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. Goss 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 Ohio. 

Robert J. Guilford 

Mr. Guilford, 25, 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. Guilford 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 New York. 

Lucas C. Hansen 

Mr. Hansen, 29, 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. Hansen 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. 

Ryan R. Harris 

Mr. Harris, 30, 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 optometrist 

examined him in 2006 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from Iowa. 

Dale R. Hass 

Mr. Hass, 56, 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. Hass 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 Wisconsin. 

Robert P. Haught 

Mr. Haught, 38, has had ITDM since 

1981. 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. Haught 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 O operator’s license from 

Michigan, which allows him to operate 

any motor vehicle except motorcycles 

and CMVs. 

Troy O. Heathcock 

Mr. Heathcock, 64, has had ITDM 

since 2000. 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. Heathcock 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 Michigan. 

Mark E. Hogmire 

Mr. Hogmire, 42, 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. Hogmire 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 M operator’s license 

from Virginia. 

Matthew P. Horner 

Mr. Horner, 31, 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. Horner 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 

Pennsylvania. 

Scott D. Leland 

Mr. Leland, 45, has had ITDM since 

1972. His endocrinologist examined him 


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27630 Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Notices 

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. Leland 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. 

Dennis R. Mace 

Mr. Mace, 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. Mace 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 Pennsylvania. 

Elizabeth A. Marsh 

Ms. Marsh, 55, has had ITDM since 

2006. 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. Marsh meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). Her optometrist 

examined her in 2006 and certified that 

she does not have diabetic retinopathy. 

She holds a Class A CDL from Alabama. 

Peggy A. Myers 

Ms. Myers, 39, has had ITDM since 

1988. 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. Myers meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). Her optometrist 

examined her in 2006 and certified that 

she does not have diabetic retinopathy. 

She holds an operator’s license from 

Indiana, which allows her to drive any 

vehicle with a gross vehicle weight 

rating of 16,000 pounds or less, except 

motorcycles. 

Frank C. Perrin 

Mr. Perrin, 37, 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. Perrin 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. 

Herbert A. Pierce 

Mr. Pierce, 40, has had ITDM since 

2000. His endocrinologist examined him 

in 2007 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. Pierce 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 Ohio. 

Douglas F. Reinke 

Mr. Reinke, 55, 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. Reinke 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 

Wisconsin. 

Carlos Rosa 

Mr. Rosa, 43, 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. Rosa meets the requirements 

of the vision standard at 49 CFR 

391.41(b)(10). His ophthalmologist 

examined him in 2007 and certified that 

he does not have diabetic retinopathy. 

He holds a Class B CDL from 

Connecticut. 

Nicholas F. Santacroce 

Mr. Santacroce, 46, has had ITDM 

since 1991. His endocrinologist 

examined him in 2007 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. Santacroce meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2007 

and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class D operator’s license 

from Massachusetts. 

Timothy S. Seitz 

Mr. Seitz, 51, has had ITDM since 

2006. His endocrinologist examined him 

in 2007 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. Seitz meets the requirements 

of the vision standard at 49 CFR 

391.41(b)(10). His optometrist examined 

him in 2007 and certified that he does 


cprice-sewell on PROD1PC66 with NOTICES
Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Notices 27631 

not have diabetic retinopathy. He holds 

a Class A CDL from Indiana. 

Steven J. Shaw 

Mr. Shaw, 24, has had ITDM since 

2006. His endocrinologist examined him 

in 2007 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. Shaw 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 Idaho. 

Donna B. Shehan 

Ms. Shehan, 39, has had ITDM since 

2006. 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. Shehan 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 CDL from South Carolina. 

Kenneth J. Shifton 

Mr. Shifton, 56, has had ITDM since 

February, 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. Shifton 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 Oregon. 

Rick G. Skonberg 

Mr. Skonberg, 52, 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. Skonberg 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 Alaska. 

Stephanie B. Smith 

Ms. Smith, 39, has had ITDM since 

2006. 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. Smith 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 

B CDL from Washington. 

Earl C. Smouse 

Mr. Smouse, 49, has had ITDM since 

2004. His endocrinologist examined him 

in 2007 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. Smouse meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2007 

and certified that he does not have 

diabetic retinopathy. He holds a Class B 

CDL from Texas. 

Randall J. Stoller 

Mr. Stoller, 50, 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. Stoller 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. 

Peter A. Storm 

Mr. Storm, 30, 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. Storm 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 chauffeur’s license 

from Louisiana. 

Robert H. Thompson, Jr. 

Mr. Thompson, 38, has had ITDM 

since 1994. 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. Thompson meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2007 

and certified that he does not have 

diabetic retinopathy. He holds a Class E 

operator’s license from Louisiana, 

which allows him to operate any single 

motor vehicle under 10,000 pounds 

gross vehicle weight, any personal use 

recreational vehicle, and farm vehicles 

controlled and operated by a farmer. 

Robert D. Toland 

Mr. Toland, 50, 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 


cprice-sewell on PROD1PC66 with NOTICES
27632 Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Notices 

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. 

safely. Mr. Toland 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 Illinois. 

Mark A. Webber 

Mr. Webber, 46, 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. Webber 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 Minnesota. 

Jeffrey A. Withers 

Mr. Withers, 39, 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. Withers 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 Michigan. 

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: May 9, 2007. 

Pamela M. Pelcovits, 

Acting Associate Administrator, Policy and 

Program Development. 

[FR Doc. E7–9339 Filed 5–15–07; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Open Meeting of the Small Business/ 

Self Employed—Taxpayer Burden 

Reduction Committee of the Taxpayer 

Advocacy Panel 

AGENCY: Internal Revenue Service (IRS) 

Treasury. 

ACTION: Notice. 

SUMMARY: An open meeting of the Small 

Business/Self Employed—Taxpayer 

Burden Reduction Committee of the 

Taxpayer Advocacy Panel will be 

conducted in San Diego, California. The 

TAP will be discussing issues pertaining 

to increasing compliance and lessening 

the burden for Small Business/Self 

Employed individuals. 

DATES: The meeting will be held Friday, 

June 8 and Saturday, June, 9, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Marisa Knispel at 1–888–912–1227 or 

718–488–3557. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given pursuant to Section 

10(a)(2) of the Federal Advisory 

Committee Act, 5 U.S.C. App. (1988) 

that an open meeting of the Small 

Business/Self Employed—Taxpayer 

Burden Reduction Committee of the 

Taxpayer Advocacy Panel will be held 

Friday, June 8, 2007 from 8:30 a.m. to 

4:30 p.m. and Saturday, June 9, 2007 

from 8 a.m. to 12 p.m. PDT at the Hilton 

San Diego Airport Hotel located at 1960 

Harbor Island Drive, San Diego, CA 

92101. Individual comments are 

welcomed and limited to 5 minutes per 

person. For more information and to 

confirm attendance, notification of 

intent to attend the meeting must be 

made with Marisa Knispel. Mrs. Knispel 

may be reached at 1–888–912–1227 or 

718–488–3557. If you would like to 

have the TAP consider a written 

statement, please write to Marisa 

Knispel, TAP Office, 10 Metro Tech 

Center, 625 Fulton Street, Brooklyn, NY 

11201, or you may post your comments 

to the Web site: http:// 

www.improveirs.org. 

The agenda will include the 

following: Various IRS issues. 

Dated: May 9, 2007. 

John Fay, 

Acting Director, Taxpayer Advocacy Panel. 

[FR Doc. E7–9343 Filed 5–15–07; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

Automated Commercial Environment 

(ACE): Terms and Conditions for 

Account Access of the ACE Secure 

Data Portal 

AGENCY: U.S. Customs and Border 

Protection; Department of Homeland 

Security. 

ACTION: General notice. 

SUMMARY: This notice sets forth a 

revision of the terms and conditions that 

must be followed as a condition for 

access to the Automated Commercial 


cprice-sewell on PROD1PC66 with NOTICES