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 


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