15578 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices 

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 no comments in this 

proceeding. 

Conclusion 

Based upon its evaluation of the 

thirty-seven exemption applications, 

FMCSA exempts Michael D. Akers, 

Donald J. Altier, Richie Anderson, Rick 

M. Bryant, Casey D. Carr, David L. 

Coggin, Daniel J. Conner, James K. 

Dowden, Luis G. Garcia, Gary A. Garrett, 

Joseph M. Godinho, Gerardo Gonzales, 

Darryl B. Goskey, Douglas A. Greve, 

Edlyne C. Harrison, Edwin L. Haynie, 

Darryl D. Hewitt, Mark D. Hoag, James 

B. Hodge, Jr., Kevin J. Hood, Charles T. 

Hughes, Norman G. Jovin, Patrick H. 

Junkins, Paul A. Kurimski, Charles L. 

Martinez, Joseph S. Moore, Jeffrey D. 

Moul, Ellis E. Murdock, Richard J. 

Neeman, Michael A. Potter, Carson R. 

Reighard, Frank B. Rivett, Timothy D. 

Schaff, Jeffrey A. Scovel, Charles C. 

Smith, Michael L. Wise, and Richard L. 

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: March 27, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–7559 Filed 4–3–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket ID FMCSA–2009–0067] 

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 38 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 May 6, 2009. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2009–0067 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal 

Holidays. 

• Fax: 1–202–493–2251. 

Each submission must include the 

Agency name and the docket ID for this 

Notice. Note that DOT posts all 

comments received without change to 

http://www.regulations.gov, including 

any personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.gov at any time or 

Room W12–140 on the ground level of 

the West Building, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

FDMS is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, 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 19476). This information is also 

available at http://Docketinfo.dot.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue, SE., Room W64– 

224, 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 statutes also 

allow the Agency to renew exemptions 

at the end of the 2-year period. The 38 

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 statutes. 

Qualifications of Applicants 

Paul Anaya 

Mr. Anaya, age 54, has had ITDM 

since 2008. His endocrinologist 

examined him in 2008 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. Anaya meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2009 


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and certified that he does not have 

diabetic retinopathy. He holds a Class A 

commercial driver’s license (CDL) from 

Colorado. 

William C. Arrington 

Mr. Arrington, 51, has had ITDM 

since 2005. His endocrinologist 

examined him in 2008 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. Arrington meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2008 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Maryland. 

Gregory W. Arsenault 

Mr. Arsenault, 61, has had ITDM 

since 2007. His endocrinologist 

examined him in 2008 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. Arsenault meets the 

requirements of the vision standard at 

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

examined him in 2008 and certified that 

he does not have diabetic retinopathy. 

He holds a Class D operator’s license 

from Connecticut. 

Raymond Barajas 

Mr. Barajas, 46, has had ITDM since 

2008. His endocrinologist examined him 

in 2009 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. Barajas meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2008 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Kansas. 

Gary R. Butts 

Mr. Butts, 36, has had ITDM since 

2007. His endocrinologist examined him 

in 2008 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. Butts meets the requirements 

of the vision standard at 49 CFR 

391.41(b)(10). His optometrist examined 

him in 2009 and certified that he does 

not have diabetic retinopathy. He holds 

a Class A CDL from New York. 

Buck H. Bowers 

Mr. Bowers, 35, has had ITDM since 

2008. His endocrinologist examined him 

in 2008 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. Bowers meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2008 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Ohio. 

Darin L. Carpenter 

Mr. Carpenter, 42, has had ITDM 

since 2008. His endocrinologist 

examined him in 2008 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. Carpenter meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2008 

and certified that he does not have 

diabetic retinopathy. He holds a Class D 

operator’s license from Montana. 

William N. Carpenter 

Mr. Carpenter, 30, has had ITDM 

since 2008. His endocrinologist 

examined him in 2009 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. Carpenter meets the 

requirements of the vision standard at 

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

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class D operator’s license 

from Kentucky. 

James F. Carroll 

Mr. Carroll, 52, has had ITDM since 

2000. His endocrinologist examined him 

in 2008 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. Carroll meets the 

requirements of the vision standard at 

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

examined him in 2008 and certified that 

he does not have diabetic retinopathy. 

He holds a Class B CDL from 

Pennsylvania. 

Jeffrey W. Cotner 

Mr. Cotner, 46, has had ITDM since 

1996. His endocrinologist examined him 

in 2008 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. Cotner meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2008 

and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class A CDL from Oregon. 

Randy J. Cool 

Mr. Cool, 52, has had ITDM since 

2008. His endocrinologist examined him 

in 2008 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. Cool meets the requirements 

of the vision standard at 49 CFR 

391.41(b)(10). His optometrist examined 

him in 2008 and certified that he does 

not have diabetic retinopathy. He holds 

a Class A CDL from Maryland. 

Boyd L. Croshaw 

Mr. Croshaw, 56, has had ITDM since 

2008. His endocrinologist examined him 

in 2008 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. Croshaw meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2008 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Utah. 

William Frantz 

Mr. Frantz, 47, has had ITDM since 

1991. His endocrinologist examined him 

in 2009 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. Frantz meets the 

requirements of the vision standard at 

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

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class C operator’s license 

from California. 

Steven Garcia 

Mr. Garcia, 63, has had ITDM since 

2008. His endocrinologist examined him 

in 2008 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. Garcia meets the 

requirements of the vision standard at 

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

examined him in 2008 and certified that 

he does not have diabetic retinopathy. 

He holds a Class B CDL from New 

Mexico. 

Carl A. George 

Mr. George, 56, has had ITDM since 

1999. His endocrinologist examined him 

in 2008 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. George meets the 

requirements of the vision standard at 

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

examined him in 2008 and certified that 

he does not have diabetic retinopathy. 

He holds an operator’s license from 

Virginia. 

James E. Gordon, Jr. 

Mr. Gordon, 47, has had ITDM since 

2008. His endocrinologist examined him 

in 2008 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. Gordon meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2009 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Georgia. 

Scott D. Gottheld 

Mr. Gottheld, 38, has had ITDM since 

2006. His endocrinologist examined him 

in 2008 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. Gottheld meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2008 

and certified that he does not have 

diabetic retinopathy. He holds a Class C 

operator’s license from Pennsylvania. 

Juan A. Hartwell 

Mr. Hartwell, 46, has had ITDM since 

1997. His endocrinologist examined him 

in 2009 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. Hartwell meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2008 

and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class B CDL from 

Connecticut. 

Cole G. Hoff 

Mr. Hoff, 26, has had ITDM since 

1992. His endocrinologist examined him 

in 2009 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. Hoff meets the requirements 

of the vision standard at 49 CFR 

391.41(b)(10). His optometrist examined 

him in 2008 and certified that he does 

not have diabetic retinopathy. He holds 

a Class A CDL from Iowa. 

David A. Holzbach 

Mr. Holzbach, 40, has had ITDM since 

1975. His endocrinologist examined him 

in 2008 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. Holzbach meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2009 

and certified that he does not have 

diabetic retinopathy. He holds a Class D 

operator’s license from South Carolina. 

Gary A. Hopkins 

Mr. Hopkins, 62, has had ITDM since 

2005. His endocrinologist examined him 

in 2008 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 


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Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices 15581 

insulin, and is able to drive a CMV 

safely. Mr. Hopkins meets the 

requirements of the vision standard at 

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

examined him in 2008 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A3 CDL from South 

Dakota, which allows him to operate a 

combination vehicle greater than 26,000 

lbs. gross vehicle weight rating (GVWR) 

and with a trailer greater than 10,000 

lbs. GVWR. 

Joseph T. Jackson 

Mr. Jackson, 44, has had ITDM since 

2007. His endocrinologist examined him 

in 2008 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. Jackson meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2009 

and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class A CDL from 

Connecticut. 

Donald A. Lambrecht 

Mr. Lambrecht, 46, has had ITDM 

since 2007. His endocrinologist 

examined him in 2008 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. Lambrecht meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2008 

and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class A CDL from North 

Carolina. 

William M. Liebert 

Mr. Liebert, 50, has had ITDM since 

2005. His endocrinologist examined him 

in 2008 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. Liebert meets the 

requirements of the vision standard at 

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

examined him in 2008 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from Nevada. 

Howard A. McCowan 

Mr. McCowan, 46, has had ITDM 

since 2003. His endocrinologist 

examined him in 2008 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. McCowan meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2008 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Minnesota. 

William J. Mlejnek 

Mr. Mlejnek, 34, has had ITDM since 

2008. His endocrinologist examined him 

in 2008 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. Mlejnek meets the 

requirements of the vision standard at 

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

examined him in 2008 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from 

Wisconsin. 

John F. Naughton 

Mr. Naughton, 52, has had ITDM 

since 2004. His endocrinologist 

examined him in 2008 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. Naughton meets the 

requirements of the vision standard at 

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

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class B CDL from 

Massachusetts. 

Curtis J. Panther 

Mr. Panther, 38, has had ITDM since 

2005. His endocrinologist examined him 

in 2009 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. Panther meets the 

requirements of the vision standard at 

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

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class D operator’s license 

from Minnesota. 

Eric S. Ritter 

Mr. Ritter, 30, has had ITDM since 

1982. His endocrinologist examined him 

in 2009 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. Ritter meets the requirements 

of the vision standard at 49 CFR 

391.41(b)(10). His ophthalmologist 

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class C operator’s license 

from California. 

Gary L. Robinson 

Mr. Robinson, 49, has had ITDM since 

2000. His endocrinologist examined him 

in 2008 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. Robinson meets the 

requirements of the vision standard at 

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

examined him in 2008 and certified that 

he does not have diabetic retinopathy. 

He holds a Class D operator’s license 

from Tennessee. 

Todd J. Schoeller 

Mr. Schoeller, 43, has had ITDM since 

1990. His endocrinologist examined him 


pwalker on PROD1PC71 with NOTICES
15582 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / 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. 

in 2008 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. Schoeller meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2008 

and certified that he has 

nonproliferative stable diabetic 

retinopathy. He holds a Class A CDL 

from Wisconsin. 

Chad W. Schumaker 

Mr. Schumaker, 36, has had ITDM 

since 1989. His endocrinologist 

examined him in 2009 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. Schumaker meets the 

requirements of the vision standard at 

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

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class C operator’s license 

from Pennsylvania. 

Kevin J. Sears 

Mr. Sears, 48, has had ITDM since 

1964. His endocrinologist examined him 

in 2008 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. Sears meets the requirements 

of the vision standard at 49 CFR 

391.41(b)(10). His ophthalmologist 

examined him in 2008 and certified that 

he has stable nonproliferative diabetic 

retinopathy. He holds a Class C 

operator’s license from Illinois. 

David W. Slininger 

Mr. Slininger, 35, has had ITDM since 

2008. His endocrinologist examined him 

in 2008 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. Slininger meets the 

requirements of the vision standard at 

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

examined him in 2008 and certified that 

he does not have diabetic retinopathy. 

He holds a Class D operator’s license 

from Minnesota. 

Peter A. Storm 

Mr. Storm, 31, has had ITDM since 

2006. His endocrinologist examined him 

in 2009 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 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class D chauffeur’s license 

from Louisiana. 

Robert J. Streets 

Mr. Streets, 62, has had ITDM since 

2005. His endocrinologist examined him 

in 2008 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. Streets meets the 

requirements of the vision standard at 

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

examined him in 2008 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from Iowa. 

Don A. Wisnosky 

Mr. Wisnosky, 52, has had ITDM 

since 1982. His endocrinologist 

examined him in 2008 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. Wisnosky meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2008 

and certified that he has stable nonproliferative diabetic retinopathy. He 

holds a Class D operator’s license from 

Wisconsin. 

Patrick D. Yasten 

Mr. Yasten, 39, has had ITDM since 

1979. His endocrinologist examined him 

in 2008 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. Yasten meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2008 

and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class B CDL from Nebraska. 

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 

in the date section of 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 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 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices 15583 

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 by the 

Notice in the Federal Register on 

November 8, 2005 (70 FR 67777), 

remain in effect. 

Issued on: March 31, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–7636 Filed 4–3–09; 8:45 am] 

BILLING CODE 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of denials. 

SUMMARY: FMCSA announces its denial 

of 112 applications from individuals 

who requested an exemption from the 

Federal vision standard applicable to 

interstate truck and bus drivers and the 

reasons for the denials. FMCSA has 

statutory authority to exempt 

individuals from the vision requirement 

if the exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemptions does not provide a level of 

safety that will be equivalent to, or 

greater than, the level of safety 

maintained without the exemptions for 

these commercial motor vehicle (CMV) 

drivers. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue, SE., Room W64– 

224, 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 from 

the Federal vision standard for a 

renewable two-year period if it finds 

‘‘such an exemption would likely 

achieve a level of safety that is 

equivalent to, or greater than, the level 

that would be achieved absent such an 

exemption.’’ The procedures for 

requesting an exemption are set out in 

49 CFR part 381. 

Accordingly, FMCSA evaluated 112 

individual exemption requests on their 

merits and made a determination that 

these applicants do not satisfy the 

criteria eligibility or meet the terms and 

conditions of the Federal exemption 

program. Each applicant has, prior to 

this notice, received a letter of final 

disposition on his/her exemption 

request. Those decision letters fully 

outlined the basis for the denial and 

constitute final Agency action. The list 

published today summarizes the 

Agency’s recent denials as required 

under 49 U.S.C. 31315(b)(4) by 

periodically publishing names and 

reasons for denials. 

The following 14 applicants lacked 

sufficient driving experience during the 

3-year period prior to the date of their 

application: 

Richard L. Bilby 

Phillip J. Collova 

Layne Coscorrosa 

Craig D. Delph 

Jerry L. Gray 

Daniel Hill 

Matthew B. Lairamoe 

James F. McMahon, Jr. 

Gary R. Morgan 

Dale E. Schoettmer 

Jack Skaw 

Edward S. Stout 

Kenneth D. Summers 

George R. Van Gelder 

The following 11 applicants did not 

have any experience operating a CMV. 

Joey J. Abney 

Amy J. Armstrong 

Anthony W. Armstrong 

James Bay 

John H. Beenenga 

Leo M. Lampinen 

Rod Mosby 

Andrea R. Piatz 

Litter Rivera 

Sirrane Traylor 

Plato Watkins 

The following 22 applicants did not 

have 3 years of experience driving a 

CMV on public highways with the 

vision deficiency. 

Dylan T. Arndt 

Fred R. Ballard, Jr. 

Dwight A. Bennett 

Walter Crean, III 

James E. Creswell 

Chris Croteau 

Jerold D. Endress 

Alvaro Esparza 

James L. Gordon 

Jerry N. Greear 

Semir Husnic 

Edward Kimpel 

Daryl C. Lenz 

Robert D. Lotz 

Guy E. McCraw 

Eric R. Mills 

Rodney Richardson 

Matthew N.D. Robbins 

Temistocles E. Sanchez 

Thomes L. Steinbach 

Glenn R. Theis 

Gary E. Valentine 

The following 7 applicants did not 

have 3 years of recent experience 

driving a CMV with the vision 

deficiency. 

Leonard C. Jackson 

Larry S. Keith 

Oliver A. Murphy 

Herbert Recore, Jr. 

William Rogers 

Jeffery C. Stokes 

Lyndon W. Williams 

The following 19 applicants did not 

have sufficient driving experience over 

the past 3 years under normal highway 

operating conditions. 

Danny F. Ahlgren 

Ronald Bishop 

James W. Carpenter 

Travis M. Christian 

Sean Conorman 

John Doyle 

Herman Froehle 

Steven H. Harris 

Jason L. Hoovan 

Jeffrey D. Huckle 

Ronald L. Kitchens 

Larry P. Magrath 

Jame R. Salsgiver 

Eric C. Sevier 

Claude L. Snider, Sr. 

Ronald C. Stringfellow 

Douglas E. Weld 

Scott Westphal 

Casey Willis, Jr. 

Two applicants, Martin L. Bailey and 

Darrol W. Rippee, had more than 2 

commercial motor vehicle violations 

during the 3-year review period and/or 

application process. Each applicant is 

only allowed 2 moving citations. 

One applicant, Joseph Ivey, did not 

have sufficient peripheral vision in his 

better eye to qualify for an exemption. 

The following 7 applicants had 

commercial driver’s license suspensions 

during the 3-year review period in 


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