[Federal Register Volume 75, Number 89 (Monday, May 10, 2010)]
[Notices]
[Pages 25919-25924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10942]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID FMCSA-2010-0083]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

ACTION: Notice of applications for exemptions from the diabetes 
mellitus standard; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 33 individuals 
for exemptions from the prohibition for 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 June 9, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2010-0083 using any of the 
following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the

[[Page 25920]]

on-line instructions for submitting comments.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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 self-addressed, stamped envelope or postcard 
or print the acknowledgment 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://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical 
Programs, (202) 366-4001, <a href="/cdn-cgi/l/email-protection#c0a6ada3b3a1ada5a4a9a3a1ac80a4afb4eea7afb6"><span class="__cf_email__" data-cfemail="60060d0313010d05040903010c20040f144e070f16">[email protected]</span></a>, 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 statute also allows the 
Agency to renew exemptions at the end of the 2-year period. The 33 
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 CMV 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

Spencer W. Alexander

    Mr. Alexander, age 28, has had ITDM since 1993. 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. 
Alexander 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 Utah.

Nelson Alvarez

    Mr. Alvarez, 44, has had ITDM since 2009. 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. Alvarez 
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 Commercial Driver's 
license (CDL) from Massachusetts.

Cody R. Anderson

    Mr. Anderson, 26, has had ITDM since 1999. 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. Anderson 
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 
Montana.

Ronnie L. Barker

    Mr. Barker, 53, has had ITDM since 2009. 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. Barker 
meets the requirements of the vision standard at 49 CFR 391.41(b)(10). 
His optometrist examined him in 2009 and certified that he does not 
have diabetic retinopathy. He holds a Class C operator's license from 
Georgia.

Eric D. Benham

    Mr. Benham, 21, 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. Benham 
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 chauffeur's license from Indiana.

Brian C. Blevins

    Mr. Blevins, 23, 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. Blevins 
meets the

[[Page 25921]]

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 Virginia.

Charles E. Bonner, Sr.

    Mr. Bonner, 62, 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. Bonner 
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 Maryland.

Michael J. Brieske

    Mr. Brieske, 50, has had ITDM since 1990. 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. Brieske 
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 an operator's license from 
Washington.

Frederick Brown

    Mr. Brown, 59, has had ITDM since 1998. His endocrinologist 
examined him in 2010 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. Brown 
meets the requirements of the vision standard at 49 CFR 391.41(b)(10). 
His ophthalmologist examined him in 2010 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from New Mexico.

William D. Elam, Jr.

    Mr. Elam, 37, 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 mellitus using 
insulin, and is able to drive a CMV safely. Mr. Elam 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 Illinois.

Devin S. Gibson

    Mr. Gibson, 49, has had ITDM since 1996. 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. Gibson 
meets the requirements of the vision standard at 49 CFR 391.41(b)(10). 
His ophthalmologist examined him in 2010 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Utah.

Lewis M. Hendershott

    Mr. Hendershott, 60, has had ITDM since 2004. His endocrinologist 
examined him in 2010 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. 
Hendershott 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 
New Jersey.

Mark E. Henning

    Mr. Henning, 51, has had ITDM since 1990. His endocrinologist 
examined him in 2010 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. Henning 
meets the requirements of the vision standard at 49 CFR 391.41(b)(10). 
His ophthalmologist examined him in 2010 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from New York.

Duane C. Jackson

    Mr. Jackson, 63, has had ITDM since 2000. 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 
mellitus 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 2010 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Minnesota.

John J. Long

    Mr. Long, 49, has had ITDM since 2007. 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 mellitus using 
insulin, and is able to drive a CMV safely. Mr. Long 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 California.

Jerry A. McMurdy

    Mr. McMurdy, 70, has had ITDM since 2009. His endocrinologist 
examined him in 2010 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. McMurdy 
meets

[[Page 25922]]

the requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2010 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Steven L. Miller

    Mr. Miller, 52, has had ITDM since 2009. 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. Miller 
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 North Dakota.

Joe E. Montoya

    Mr. Montoya, 73, has had ITDM since 2004. 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. Montoya 
meets the requirements of the vision standard at 49 CFR 391.41(b)(10). 
His optometrist examined him in 2010 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from New Mexico.

Jonathan A. Morisoli

    Mr. Morisoli, 32, has had ITDM since 2009. His endocrinologist 
examined him in 2010 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. Morisoli 
meets the requirements of the vision standard at 49 CFR 391.41(b)(10). 
His optometrist examined him in 2010 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from California.

Timothy J. Nowak

    Mr. Nowak, 46, has had ITDM since 1996. His endocrinologist 
examined him in 2010 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. Nowak 
meets the requirements of the vision standard at 49 CFR 391.41(b)(10). 
His optometrist examined him in 2010 and certified that he does not 
have diabetic retinopathy. He holds a Class C operator's license from 
Georgia.

Lawrence W. Patterson, Jr.

    Mr. Patterson, 57, 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. 
Patterson meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His ophthalmologist examined him in 2009 and certified 
that he has stable nonproliferative diabetic retinopathy. He holds a 
Class A CDL from Missouri.

Peter J. Pendola

    Mr. Pendola, 36, 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. Pendola 
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 an operator's license from 
Virginia.

Frederick E. Robinson

    Mr. Robinson, 63, has had ITDM since 2002. 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 
mellitus 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 ophthalmologist examined him in 2009 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from New Jersey.

Larry D. Schweisberger

    Mr. Schweisberger, 57, has had ITDM since 2002. 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. 
Schweisberger 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 
Missouri.

Joseph C. Shaw

    Mr. Shaw, 61, has had ITDM since 2010. His endocrinologist examined 
him in 2010 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 mellitus 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 
ophthalmologist examined him in 2010 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Indiana.

Michael Shuler

    Mr. Shuler, 39, 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 
mellitus

[[Page 25923]]

using insulin, and is able to drive a CMV safely. Mr. Shuler 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 D operator's 
license from Washington, D.C.

Kevin C. Simerick

    Mr. Simerick, 27, has had ITDM since 1988. 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. Simerick 
meets the requirements of the vision standard at 49 CFR 391.41(b)(10). 
His ophthalmologist examined him in 2010 and certified that he has 
stable nonproliferative diabetic retinopathy. He holds an operator's 
license from Michigan.

Matthew E. Sipel

    Mr. Sipel, 37, has had ITDM since 2002. 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. Sipel 
meets the requirements of the vision standard at 49 CFR 391.41(b)(10). 
His optometrist examined him in 2010 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Michael S. Tanko

    Mr. Tanko, 53, has had ITDM since 2007. His endocrinologist 
examined him in 2010 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. Tanko 
meets the requirements of the vision standard at 49 CFR 391.41(b)(10). 
His optometrist examined him in 2010 and certified that he does not 
have diabetic retinopathy. He holds a Class R operator's license from 
Colorado, which allows him to operate any motor vehicle with a gross 
weight of less than 26,001 pounds.

James P. Tomasik

    Mr. Tomasik, 23, has had ITDM since 2006. His endocrinologist 
examined him in 2010 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. Tomasik 
meets the requirements of the vision standard at 49 CFR 391.41(b)(10). 
His optometrist examined him in 2010 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Leonard D. Tournear

    Mr. Tournear, 53, has had ITDM since 2009. His endocrinologist 
examined him in 2010 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. Tournear 
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 Illinois.

Booker T. Ware

    Mr. Ware, 60, has had ITDM since 2009. His endocrinologist examined 
him in 2010 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 mellitus using 
insulin, and is able to drive a CMV safely. Mr. Ware meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2010 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Mississippi.

Joseph H. Watkins

    Mr. Watkins, 57, has had ITDM since 2009. His endocrinologist 
examined him in 2010 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 
mellitus using insulin, and is able to drive a CMV safely. Mr. Watkins 
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 Indiana.

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 the 21st Century (49 U.S.C. 31305).
---------------------------------------------------------------------------

    \1\ Section 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.
---------------------------------------------------------------------------

    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).

[[Page 25924]]

    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: April 26, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-10942 Filed 5-7-10; 8:45 am]
BILLING CODE 4910-EX-P


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