37288 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices 

to administer the F&OS program to the 

former Bureau of Transportation 

Statistics (BTS), now a part of the 

Research and Innovative Technology 

Administration (RITA), to former 

Chapter XI, subchapter 13 of 49 CFR 

part 1420 (63 FR 52192). 

On September 29, 2004, the Secretary 

transferred the responsibility for the 

F&OS program from BTS to FMCSA in 

the belief that the program was more 

aligned with FMCSA’s safety mission 

and its other motor carrier 

responsibilities (69 FR 51009). On 

August 10, 2006 (71 FR 45740), the 

Secretary published a final rule that 

transferred and redesignated the motor 

carrier financial and statistical reporting 

regulations of BTS that were formerly 

located at chapter XI of title 49 CFR to 

FMCSA in 49 chapter III of title 49 CFR 

part 369. 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

Whether the proposed collection is 

necessary for the performance of 

FMCSA’s functions; (2) the accuracy of 

the estimated burden; (3) ways for the 

FMCSA to enhance the quality, 

usefulness, and clarity of the collected 

information; and (4) ways that the 

burden could be minimized without 

reducing the quality of the collected 

information. The Agency will 

summarize and/or include your 

comments in the request for OMB’s 

clearance of this information collection 

request. 

Issued on July 16, 2009. 

David Anewalt, 

Acting Associate Administrator, Research 

and Information Technology. 

[FR Doc. E9–17956 Filed 7–27–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket ID. FMCSA–2009–0174] 

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 41 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 August 27, 2009. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2009–0174 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://www.regulations.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 41 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 

Michael D. Arnold 

Mr. Arnold, age 56, 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 

using insulin, and is able to drive a 

CMV safely. Mr. Arnold 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 Commercial Driver’s 

License (CDL) from Ohio. 

Michael F. Arthur 

Mr. Arthur, 43, has had ITDM since 

2001. 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. Arthur 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 

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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices 37289 

diabetic retinopathy. He holds a Class C 

operator’s license from Maine. 

Roelf F. Aufforth 

Mr. Aufforth, 35, has had ITDM since 

1983. 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. Aufforth 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 Minnesota. 

Gerald L. Bell 

Mr. Bell, 57, 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 using 

insulin, and is able to drive a CMV 

safely. Mr. Bell meets the requirements 

of the vision standard at 49 CFR 

391.41(b)(10). His optometrist examined 

him in 2009 and certified that he has 

stable nonproliferative diabetic 

retinopathy. He holds a Class A CDL 

from Minnesota. 

Steven H. Bergheger 

Mr. Bergheger, 54, has had ITDM 

since 1998. 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. Bergheger 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 Illinois. 

Kevin N. Bigham 

Mr. Bigham, 49, 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. Bigham 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 

Pennsylvania. 

Blaine T. Boellstroff 

Mr. Boellstroff, 31, 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 

using insulin, and is able to drive a 

CMV safely. Mr. Boellstroff 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 Nebraska. 

Dane R. Broach 

Mr. Broach, 52, has had ITDM since 

mid 1990’s. 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. Broach 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 Arizona. 

Richard B. Brookshire 

Mr. Brookshire, 56, 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 

using insulin, and is able to drive a 

CMV safely. Mr. Brookshire 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 Alaska. 

David J. Campbell 

Mr. Campbell, 45, 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. Campbell 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 Colorado. 

Christopher S. Cate 

Mr. Cate, 50, has had ITDM since 

1978. 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. Cate 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 C 

operator’s license from New Hampshire. 

Lynne M. Childers 

Ms. Childers, 46, has had ITDM since 

2002. 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 using 

insulin, and is able to drive a CMV 

safely. Ms. Childers 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 

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37290 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices 

diabetic retinopathy. She holds a Class 

A CDL from Arizona. 

Moses O. Crespo 

Mr. Crespo, 29, 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. Crespo 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 New York. 

Raymond A. Dietz 

Mr. Dietz, 39, 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 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 Florida. 

Steven C. Ellenberger 

Mr. Ellenberger, 52, 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. Ellenberger meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). 

His optometrist examined him in 

2009 and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class A CDL from Nebraska. 

Ralph M. Ellis 

Mr. Ellis, 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 using 

insulin, and is able to drive a CMV 

safely. Mr. Ellis 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. 

Troy E. Freeman 

Mr. Freeman, 47, 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. Freeman 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 

Mississippi. 

Glenn T. Grace 

Mr. Grace, 54, 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. Grace 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 Michigan. 

Byron K. Hicks 

Mr. Hicks, 50, 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. Hicks 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 Virginia. 

Dori A. Hoffman 

Ms. Hoffman, 47, has had ITDM since 

2002. 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 using 

insulin, and is able to drive a CMV 

safely. Ms. Hoffman meets the 

requirements of the vision standard at 

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

examined her in 2009 and certified that 

she does not have diabetic retinopathy. 

She holds a Class O operator’s license 

from Nebraska, which allows her to 

drive any non-commercial vehicle 

except motorcycles. 

William C. Howard 

Mr. Howard, 60, 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. Howard 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 Virginia. 

Adam C. Hyatt 

Mr. Hyatt, 26, has had ITDM since 

1998. 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. Hyatt 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 

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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices 37291 

not have diabetic retinopathy. He holds 

a Class D operator’s license from 

Tennessee. 

Clarence B. Jackson 

Mr. Jackson, 36, 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 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 optometrist 

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class C operator’s license 

from Georgia. 

Robert F. Jolly, Jr. 

Mr. Jolly, 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 using 

insulin, and is able to drive a CMV 

safely. Mr. Jolly 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 Colorado. 

Dale Jones 

Mr. Jones, 45, has had ITDM since 

1993. 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. Jones 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 Illinois. 

Matthew G. Matheson 

Mr. Matheson, 29, 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 

using insulin, and is able to drive a 

CMV safely. Mr. Matheson 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 Texas. 

Steven A. Mayhew 

Mr. Mayhew, 54, has had ITDM since 

1977. 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. Mayhew 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 New York. 

Michael G. Mulder 

Mr. Mulder, 28, has had ITDM since 

1985. 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. Mulder meets the 

requirements of the vision standard at 

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

examined him in 2009 and certified that 

does not have diabetic retinopathy. He 

holds a Class A CDL from Minnesota. 

Gary S. Myers 

Mr. Myers, 49, 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 using 

insulin, and is able to drive a CMV 

safely. Mr. Myers 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 Oklahoma. 

Bradley D. Nickles, Jr. 

Mr. Nickles, 48, 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. Nickles 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 C operator’s license 

from New Hampshire. 

Sherwin M. Nurse, III 

Mr. Nurse, 46, 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 using 

insulin, and is able to drive a CMV 

safely. Mr. Nurse meets the 

requirements of the vision standard at 

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

examined him in 2009 and certified that 

does not have diabetic retinopathy. He 

holds a Class A CDL from Ohio. 

Frank R. Radice 

Mr. Radice, 28, 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 using 

insulin, and is able to drive a CMV 

safely. Mr. Radice 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 New York. 

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37292 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 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. 

Frank A. Rhodes 

Mr. Rhodes, 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. Rhodes 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. 

James B. Roth 

Mr. Roth, 41, has had ITDM since 

1980. 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. Roth 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. 

Matthew T. Russell 

Mr. Russell, 28, 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 using 

insulin, and is able to drive a CMV 

safely. Mr. Russell 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 Illinois. 

Tranquilino D. Sena 

Mr. Sena, 36, 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 using 

insulin, and is able to drive a CMV 

safely. Mr. Sena 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. 

John A. Serth, Jr. 

Mr. Serth, 50, has had ITDM since 

2001. 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. Serth 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 York. 

David H. Shipley 

Mr. Shipley, 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 using 

insulin, and is able to drive a CMV 

safely. Mr. Shipley 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 Wyoming. 

Michael A. Taylor 

Mr. Taylor, 52, 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 using 

insulin, and is able to drive a CMV 

safely. Mr. Taylor 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 O operator’s license 

from Nebraska. 

Peter T. Tengbeh 

Mr. Tengbeh, 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 using 

insulin, and is able to drive a CMV 

safely. Mr. Tengbeh 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 Rhode 

Island. 

John A. Yarde 

Mr. Yarde, 67, 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 using 

insulin, and is able to drive a CMV 

safely. Mr. Yarde 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 Illinois. 

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

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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices 37293 

The revision must provide for 

individual assessment of drivers with 

diabetes mellitus, and be consistent 

with the criteria described in section 

4018 of the Transportation Equity Act 

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

Section 4129 requires: (1) the 

elimination of the requirement for three 

years of experience operating CMVs 

while being treated with insulin; and (2) 

the establishment of a specified 

minimum period of insulin use to 

demonstrate stable control of diabetes 

before being allowed to operate a CMV. 

In response to section 4129, FMCSA 

made immediate revisions to the 

diabetes exemption program established 

by the September 3, 2003 Notice (68 FR 

52441). 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 (68 FR 

52441), except as modified, were in 

compliance with section 4129(d). 

Therefore, all of the requirements set 

out in the September 3, 2003 Notice (68 

FR 52441), except as modified by the 

Notice in the Federal Register on 

November 8, 2005 (70 FR 67777), 

remain in effect. 

Issued on: July 21, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–17968 Filed 7–27–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2009–0122] 

Qualification of Drivers; Exemption 

Applications; Diabetes 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt thirty-five 

individuals from its rule prohibiting 

persons with insulin-treated diabetes 

mellitus (ITDM) from operating 

commercial motor vehicles (CMVs) in 

interstate commerce. The exemptions 

will enable these individuals to operate 

CMVs in interstate commerce. 

DATES: The exemptions are effective July 

28, 2009. The exemptions expire on July 

28, 2011. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, Room 

W64–224, Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. Office hours are from 8:30 a.m. to 

5 p.m., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at: http:// 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.gov and/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. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of DOT’s 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, or 

other entity). You may review DOT’s 

complete Privacy Act Statement in the 

Federal Register (65 FR 19477, Apr. 11, 

2000). This statement is also available at 

http://www.regulations.gov. 

Background 

On June 2, 2009, FMCSA published a 

notice of receipt of Federal diabetes 

exemption applications from thirty-five 

individuals, and requested comments 

from the public (74 FR 26467). The 

public comment period closed on July 2, 

2009, and no comments were received. 

FMCSA has evaluated the eligibility 

of the thirty-five applicants and 

determined that granting the 

exemptions to these individuals would 

achieve a level of safety equivalent to, 

or greater than, the level that would be 

achieved by complying with the current 

regulation 49 CFR 391.41(b)(3). 

Diabetes Mellitus and Driving 

Experience of the Applicants 

The Agency established the current 

standard for diabetes in 1970 because 

several risk studies indicated that 

diabetic drivers had a higher rate of 

crash involvement than the general 

population. The diabetes rule provides 

that ‘‘A person is physically qualified to 

drive a commercial motor vehicle if that 

person has no established medical 

history or clinical diagnosis of diabetes 

mellitus currently requiring insulin for 

control’’ (49 CFR 391.41(b)(3)). 

FMCSA established its diabetes 

exemption program, based on the 

Agency’s July 2000 study entitled ‘‘A 

Report to Congress on the Feasibility of 

a Program to Qualify Individuals with 

Insulin-Treated Diabetes Mellitus to 

Operate in Interstate Commerce as 

Directed by the Transportation Act for 

the 21st Century.’’ The report concluded 

that a safe and practicable protocol to 

allow some drivers with ITDM to 

operate CMVs is feasible. The 

September 3, 2003 Federal Register 

Notice (68 FR 52441) in conjunction 

with the November 8, 2005, Federal 

Register Notice (70 FR 67777) provides 

the current protocol for allowing such 

drivers to operate CMVs in interstate 

commerce. 

These thirty-five applicants have had 

ITDM over a range of 1 to 31 years. 

These applicants report no 

hypoglycemic reaction that resulted in 

loss of consciousness or seizure, that 

required the assistance of another 

person, or resulted in impaired 

cognitive function without warning 

symptoms in the past 5 years (with one 

year of stability following any such 

episode). In each case, an 

endocrinologist has verified that the 

driver has demonstrated willingness to 

properly monitor and manage their 

diabetes, received education related to 

diabetes management, and is on a stable 

insulin regimen. These drivers report no 

other disqualifying conditions, 

including diabetes-related 

complications. Each meets the vision 

standard at 49 CFR 391.41(b)(10). 

The qualifications and medical 

condition of each applicant were stated 

and discussed in detail in the June 2, 

2009, Federal Register Notice (74 FR 

26471). Therefore, they will not be 

repeated in this notice. 

Basis for Exemption Determination 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption from 

the diabetes standard in 49 CFR 

391.41(b)(3) if the exemption is likely to 

achieve an equivalent or greater level of 

safety than would be achieved without 

the exemption. The exemption allows 

the applicants to operate CMVs in 

interstate commerce. 

To evaluate the effect of these 

exemptions on safety, FMCSA 

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