[Federal Register Volume 75, Number 98 (Friday, May 21, 2010)]
[Notices]
[Pages 28677-28682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12186]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID FMCSA-2010-0115]


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 37 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 21, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2010-0115 using any of the 
following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the 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,

[[Page 28678]]

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 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://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical 
Programs, (202) 366-4001, <a href="/cdn-cgi/l/email-protection#27414a4454464a42434e44464b6743485309404851"><span class="__cf_email__" data-cfemail="8ee8e3edfdefe3ebeae7edefe2ceeae1faa0e9e1f8">[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 37 
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

Billy Banks

    Mr. Banks, age 45, has had ITDM since 1999. 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. Banks 
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 proliferative diabetic retinopathy. He holds a Class E 
operator's license from New York which allows him to operate a vehicle 
with a gross vehicle weight rating (GVWR) of 26,000 lbs.

Joseph P. Beagan

    Mr. Beagan, 45, has had ITDM since 1979. 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. Beagan 
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 10 operator's license from 
Rhode Island, which allows him to operate any motor vehicle except a 
motorcycle and a vehicle that weighs more than 26,000 pounds.

John M. Charlton

    Mr. Charlton, 34, 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. Charlton 
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 
Commercial Driver's License (CDL) from Utah.

Stuart A. Dietz

    Mr. Dietz, 60, 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. Dietz 
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 Kansas.

Marie C. Eddy

    Ms. Eddy, 50, has had ITDM since 1991. Her endocrinologist examined 
her in 2009 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 mellitus using 
insulin, and is able to drive a CMV safely. Ms. Eddy meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
ophthalmologist examined her in 2009 and certified that she has stable 
nonproliferative diabetic retinopathy. She holds a Class D operator's 
license from Vermont.

Michael G. Eikenberry

    Mr. Eikenberry, 55, 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. 
Eikenberry meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His optometrist examined him in 2009 and

[[Page 28679]]

certified that he does not have diabetic retinopathy. He holds a Class 
A CDL from Indiana.

Francisco K. Gallardo

    Mr. Gallardo, 50, has had ITDM since 2005. 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. Gallardo 
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 Arizona.

John P. Gould

    Mr. Gould, 44, has had ITDM since 1982. 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. Gould 
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 D operator's license from 
Alaska.

David B. Graef

    Mr. Graef, 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. Graef 
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 Indiana.

Jason C. Green

    Mr. Green, 35, 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. Green 
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 
Mississippi, which allows him to drive any non-commercial vehicle 
except motorcycles.

Kimmy D. Hall

    Mr. Hall, 51, has had ITDM since 1983. 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. Hall 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 B CDL from 
Arkansas.

Bruce G. Hammill, Jr.

    Mr. Hammill, 32, has had ITDM since 2008. 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. Hammill 
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 California.

Edward G. Harbin

    Mr. Harbin, 29, 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. Harbin 
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 Arkansas.

Timothy R. Hefling

    Mr. Hefling, 48, 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. Hefling 
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 proliferative diabetic retinopathy. He holds a Class A CDL from 
Indiana.

Christopher M. Hultman

    Mr. Hultman, 29, has had ITDM since 1993. 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. Hultman 
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 Wisconsin.

Michael R. Jackson

    Mr. Jackson, 48, 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

[[Page 28680]]

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 2 operator's license from 
Connecticut.

Gerald A. Johnson

    Mr. Johnson, 48, has had ITDM since 2008. 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. Johnson 
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 Wisconsin.

Jay T. Kirschmann

    Mr. Kirschmann, 32, has had ITDM since 1985. 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. 
Kirschmann 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 D operator's 
license from North Dakota.

Duane K. Kohls

    Mr. Kohls, 55, has had ITDM since 1997. 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. Kohls 
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 Minnesota.

John F. Lohmuller

    Mr. Lohmuller, 55, 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. 
Lohmuller 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 
Indiana.

Rodney A. Markham

    Mr. Markham, 54, 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. Markham 
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 Wisconsin.

Christopher P. Martin

    Mr. Martin, 31, 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. Martin 
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 OPR-MC 
operator's license from New Hampshire, which allows him to drive any 
non-commercial vehicle.

H. Alan Miller

    Mr. Miller, 54, 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 B CDL from Oregon.

Andrew D. Monson

    Mr. Monson, 36, 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. Monson 
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 Minnesota.

Cheryl T. Murphy

    Ms. Murphy, 50, has had ITDM since 2008. Her endocrinologist 
examined her in 2010 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 
mellitus using insulin, and is able to drive a CMV safely. Ms. Murphy 
meets the requirements of the vision standard at 49 CFR 391.41(b)(10). 
Her ophthalmologist examined her in 2009 and certified that she does 
not have diabetic retinopathy. She holds a Class D operator's license 
from Washington, DC.

Kurt D. Oertelt

    Mr. Oertelt, 59, 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

[[Page 28681]]

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. 
Oertelt 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 York.

Joseph M. Pirrello

    Mr. Pirrello, 56, 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. Pirrello 
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 D operator's license from 
New Jersey.

Audrey R. Roddy

    Ms. Roddy, 44, has had ITDM since 2001. Her endocrinologist 
examined her in 2009 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 
mellitus using insulin, and is able to drive a CMV safely. Ms. Roddy 
meets the requirements of the vision standard at 49 CFR 391.41(b)(10). 
Her ophthalmologist examined her in 2009 and certified that she does 
not have diabetic retinopathy. She holds a Class B CDL from Michigan.

Theodore J. Rolfe

    Mr. Rolfe, 42, 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. Rolfe 
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 Maine.

Ross R. Romano

    Mr. Romano, 23, has had ITDM since 2000. 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. Romano 
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 O operator's license from 
Michigan, which allows him to drive any non-commercial vehicle except 
motorcycles

Max S. Sklarski

    Mr. Sklarski, 61, 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. Sklarski 
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 Mexico.

Gerald J. Solwey

    Mr. Solwey, 63, 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. Solwey 
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 North Dakota.

Darren G. Steil

    Mr. Steil, 41, has had ITDM since 1986. 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. Steil 
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 Iowa.

Jason D. Sweet

    Mr. Sweet, 34, 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. Sweet 
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 C operator's license from 
California.

Robert M. Thomson

    Mr. Thomson, 37, has had ITDM since 2002. 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. Thomson 
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 B CDL 
from Illinois.

Kevin R. Welch

    Mr. Welch, 50, has had ITDM since 2009. His endocrinologist 
examined him

[[Page 28682]]

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. Welch 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 Florida.

Scott A. Yon

    Mr. Yon, 44, 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. Yon 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 Pennsylvania.

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 USC. 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: May 13, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-12186 Filed 5-20-10; 8:45 am]
BILLING CODE 4910-EX-P


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