Qualification of Drivers; Exemption Applications; Diabetes, 27625-27632 [E7-9339]
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Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Notices
Jeffery W. Cotner
John K. Fank
Bobby G. Fletcher
Lonny L. Ford
Larry G. Garcia
Raymond G. Hayden
Robert E. Hendrick
James A. Kneece
Joe S. Lassiter III
Gene A. Lesher, Jr.
Wallace F. Mahan, Sr.
Velmer L. McClelland
Anthony R. Miles
Raymond E. Morelock
Kenneth L. Nau
David W. Peterson
Frederick G. Robbins
Jose C. Sanchez-Sanchez
Francis L. Savell
David M. Stout
Daniel R. Viscaya
Daniel E. Watkins
These exemptions are extended
subject to the following conditions: (1)
That each individual have a physical
examination every year (a) by an
ophthalmologist or optometrist who
attests that the vision in the better eye
continues to meet the standard in 49
CFR 391.41(b)(10), and (b) by a medical
examiner who attests that the individual
is otherwise physically qualified under
49 CFR 391.41; (2) that each individual
provide a copy of the ophthalmologist’s
or optometrist’s report to the medical
examiner at the time of the annual
medical examination; and (3) that each
individual provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file and retain a copy of the certification
on his/her person while driving for
presentation to a duly authorized
Federal, State, or local enforcement
official. Each exemption will be valid
for two years unless rescinded earlier by
FMCSA. The exemption will be
rescinded if: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136(e) and
31315.
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Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an
exemption may be granted for no longer
than two years from its approval date
and may be renewed upon application
for additional two year periods. In
accordance with 49 U.S.C. 31136(e) and
31315, each of the 26 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (65 FR 33406; 65 FR
57234; 67 FR 67234; 70 FR 7545; 68 FR
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Jkt 211001
13360; 70 FR 12265; 65 FR 66286; 66 FR
13825; 68 FR 10300; 70 FR 14747; 65 FR
78256; 66 FR 16311; 67 FR 76439; 68 FR
10298; 68 FR 10301; 68 FR 19596; 70 FR
16886; 70 FR 2701; 70 FR 16887; 70 FR
17504; 70 FR 30997). Each of these 26
applicants has requested renewal of the
exemption and has submitted evidence
showing that the vision in the better eye
continues to meet the standard specified
at 49 CFR 391.41(b)(10) and that the
vision impairment is stable. In addition,
a review of each record of safety while
driving with the respective vision
deficiencies over the past two years
indicates each applicant continues to
meet the vision exemption standards.
These factors provide an adequate basis
for predicting each driver’s ability to
continue to drive safely in interstate
commerce. Therefore, FMCSA
concludes that extending the exemption
for each renewal applicant for a period
of two years is likely to achieve a level
of safety equal to that existing without
the exemption.
Request for Comments
FMCSA will review comments
received at any time concerning a
particular driver’s safety record and
determine if the continuation of the
exemption is consistent with the
requirements at 49 U.S.C. 31136(e) and
31315. However, FMCSA requests that
interested parties with specific data
concerning the safety records of these
drivers submit comments by June 15,
2007.
FMCSA believes that the
requirements for a renewal of an
exemption under 49 U.S.C. 31136(e) and
31315 can be satisfied by initially
granting the renewal and then
requesting and evaluating, if needed,
subsequent comments submitted by
interested parties. As indicated above,
the Agency previously published
notices of final disposition announcing
its decision to exempt these 26
individuals from the vision requirement
in 49 CFR 391.41(b)(10). The final
decision to grant an exemption to each
of these individuals was based on the
merits of each case and only after
careful consideration of the comments
received to its notices of applications.
The notices of applications stated in
detail the qualifications, experience,
and medical condition of each applicant
for an exemption from the vision
requirements. That information is
available by consulting the above cited
Federal Register publications.
Interested parties or organizations
possessing information that would
otherwise show that any, or all of these
drivers, are not currently achieving the
statutory level of safety should
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27625
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will
take immediate steps to revoke the
exemption of a driver.
Issued on: May 9, 2007.
Pamela M. Pelcovits,
Acting Associate Administrator, Policy and
Program Development.
[FR Doc. E7–9338 Filed 5–15–07; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2007–27387]
Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA).
ACTION: Notice of applications for
exemptions from the diabetes standard;
request for comments.
AGENCY:
SUMMARY: FMCSA announces receipt of
applications from 57 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.
Comments must be received on
or before June 15, 2007.
ADDRESSES: You may submit comments
identified by Department of
Transportation (DOT) Docket
Management System (DMS) Docket
Number FMCSA–2007–27387 using any
of the following methods:
• Web site: https://dmses.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
DATES:
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Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Notices
on-line instructions for submitting
comments.
All submissions must include the
Agency name and docket number for
this Notice. Note that all comments
received will be posted without change
to https://dms.dot.gov, including any
personal information provided. Please
see the Privacy Act heading under
Regulatory Notices. To read background
documents or comments received, go to
https://dms.dot.gov or to Room PL–401
on the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC between 9 a.m. and 5 p.m. Monday
through Friday, except Federal holidays.
Docket: For access to the docket to
read background documents or
comments received, go to https://
dms.dot.gov at any time or Room PL–
401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The DMS 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 19477; Apr. 11, 2000). This
information is also available at https://
dms.dot.gov.
Dr.
Mary D. Gunnels, Chief, Physical
Qualifications Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 400
Seventh Street, SW., Room 8301,
Washington, DC 20590–0001. Office
hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
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FOR FURTHER INFORMATION CONTACT:
Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for a 2year 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 57
individuals listed in this notice have
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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 statute.
Qualifications of Applicants
Darrell L. Allen
Mr. Allen, age 37, has had ITDM since
2004. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Allen meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined
him in 2006 and certified that he does
not have diabetic retinopathy. He holds
a Class A Commercial Driver’s License
(CDL) from Missouri.
Jeffery C. Badberg
Mr. Badberg, 31, has had ITDM since
1980. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Badberg meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006
and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class O operator’s license
from Nebraska, which allows him
operate any non-commercial vehicle
except motorcycles.
Kevin W. Bender
Mr. Bender, 23, has had ITDM since
2003. His endocrinologist examined him
in 2007 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
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Sfmt 4703
insulin, and is able to drive a CMV
safely. Mr. Bender meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006
and certified that he does not have
diabetic retinopathy. He holds a Class D
operator’s license from New York.
Karry J. Benfiet
Mr. Benfiet, 54, has had ITDM since
2006. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Benfiet meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2007 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from North
Dakota.
Ronnie T. Bledsoe
Mr. Bledsoe, 37, has had ITDM since
1986. His endocrinologist examined him
in 2007 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. Bledsoe meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2007 and certified that
he does not have diabetic retinopathy.
He holds a Class C operator’s license
from North Carolina.
Ricky N. Blankenship
Mr. Blankenship, 48, has had ITDM
since 2005. His endocrinologist
examined him in 2006 and certified that
he has had no hypoglycemic reactions
resulting in loss of consciousness,
requiring the assistance of another
person, or resulting in impaired
cognitive function that occurred without
warning in the past 5 years; understands
diabetes management and monitoring;
and has stable control of his diabetes
using insulin, and is able to drive a
CMV safely. Mr. Blankenship meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2006 and certified that
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he does not have diabetic retinopathy.
He holds a Class A CDL from Utah.
Kevin E. Blythe
Mr. Blythe, 46, has had ITDM since
1989. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Blythe meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007
and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class B CDL from Arkansas.
Clayton J. Bragg
Mr. Bragg, 30, has had ITDM since
1989. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Bragg meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist
examined him in 2006 and certified that
he has stable nonproliferative diabetic
retinopathy. He holds an operator’s
license from Indiana, which allows him
to drive any vehicle with a gross vehicle
weight rating of 16,000 pounds or less,
except motorcycles.
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James A. Broderick
Mr. Broderick, 69, has had ITDM
since 1970. His endocrinologist
examined him in 2006 and certified that
he has had no hypoglycemic reactions
resulting in loss of consciousness,
requiring the assistance of another
person, or resulting in impaired
cognitive function that occurred without
warning in the past 5 years; understands
diabetes management and monitoring;
and has stable control of his diabetes
using insulin, and is able to drive a
CMV safely. Mr. Broderick meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2006 and certified that
he does not have diabetic retinopathy.
He holds a Class B CDL from Montana.
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15:27 May 15, 2007
Jkt 211001
Clifford O. Bull
Mr. Bull, 36, has had ITDM since
1995. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Bull meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined
him in 2006 and certified that he does
not have diabetic retinopathy. He holds
a Class D operator’s license from South
Carolina.
Richard M. Carey
Mr. Carey, 46, has had ITDM since
1990. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Carey meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006
and certified that he does not have
diabetic retinopathy. He holds a Class C
operator’s license from North Carolina.
Cary W. Chase
Mr. Chase, 38, has had ITDM since
2006. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Chase meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2006 and certified that
he does not have diabetic retinopathy.
He holds a Class B CDL from Colorado.
Robert L. Chestnut
Mr. Chestnut, 68, has had ITDM since
2006. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
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27627
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. Chestnut meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006
and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class A CDL from
Pennsylvania.
Dino J. Coli, Jr.
Mr. Coli, 53, has had ITDM since
2006. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Coli meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist
examined him in 2006 and certified that
he has stable nonproliferative diabetic
retinopathy. He holds a Class C
operator’s license from Oregon.
Larry E. Colson
Mr. Colson, 45, has had ITDM since
2006. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Colson meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2007 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from Colorado.
Elijah N. Craft
Mr. Craft, 66, has had ITDM since
2006. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
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safely. Mr. Craft meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined
him in 2006 and certified that he does
not have diabetic retinopathy. He holds
a Class A CDL from Minnesota.
Leonard Cunningham
Mr. Cunningham, 56, has had ITDM
since 2005. His endocrinologist
examined him in 2006 and certified that
he has had no hypoglycemic reactions
resulting in loss of consciousness,
requiring the assistance of another
person, or resulting in impaired
cognitive function that occurred without
warning in the past 5 years; understands
diabetes management and monitoring;
and has stable control of his diabetes
using insulin, and is able to drive a
CMV safely. Mr. Cunningham meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007
and certified that he does not have
diabetic retinopathy. He holds a Class B
operator’s license from Maryland, which
allows him to drive non-commercial
vehicles and combinations weighing
26,001 or more pounds gross vehicle
weight, except tractors, trailers, etc.
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LaVerne A. DeChausse
Mr. DeChausse, 49, has had ITDM
since 2005. His endocrinologist
examined him in 2006 and certified that
he has had no hypoglycemic reactions
resulting in loss of consciousness,
requiring the assistance of another
person, or resulting in impaired
cognitive function that occurred without
warning in the past 5 years; understands
diabetes management and monitoring;
and has stable control of his diabetes
using insulin, and is able to drive a
CMV safely. Mr. DeChausse meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2006 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from Illinois.
Jason E. Earlywine
Mr. Earlywine, 32, has had ITDM
since 1976. His endocrinologist
examined him in 2006 and certified that
he has had no hypoglycemic reactions
resulting in loss of consciousness,
requiring the assistance of another
person, or resulting in impaired
cognitive function that occurred without
warning in the past 5 years; understands
diabetes management and monitoring;
and has stable control of his diabetes
using insulin, and is able to drive a
CMV safely. Mr. Earlywine meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006
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15:27 May 15, 2007
Jkt 211001
and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class A CDL from Kentucky.
Eddie L. Edwards
Mr. Edwards, 51, has had ITDM since
2005. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Edwards meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2006 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from Illinois.
Leroy Finn
Mr. Finn, 66, has had ITDM since
2004. His endocrinologist examined him
in 2007 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. Finn meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist
examined him in 2007 and certified that
he has stable nonproliferative diabetic
retinopathy. He holds a Class A CDL
from Illinois.
John E. Fitch
Mr. Fitch, 52, has had ITDM since
1993. His endocrinologist examined him
in 2007 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. Fitch meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined
him in 2007 and certified that he does
not have diabetic retinopathy. He holds
a Class A CDL from Michigan.
Steven L. Garland
Mr. Garland, 57, has had ITDM since
childhood. His endocrinologist
examined him in 2006 and certified that
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Fmt 4703
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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. Garland meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006
and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class E operator’s license
from Missouri, which allows him to
drive any non-commercial combination
of motor vehicles with a gross vehicle
weight less than 26,001 pounds.
William J. Gerlach
Mr. Gerlach, 66, has had ITDM since
2005. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Gerlach meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Ohio.
Anthony Giulitto
Mr. Giulitto, 38, has had ITDM since
2006. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Giulitto meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2006 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from Arizona.
Francis J. Godwin
Mr. Godwin, 43, has had ITDM since
1992. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
E:\FR\FM\16MYN1.SGM
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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. Godwin meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from New York.
Ricky A. Goss
Mr. Goss, 51, has had ITDM since
2002. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Goss meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined
him in 2006 and certified that he does
not have diabetic retinopathy. He holds
a Class D operator’s license from Ohio.
cprice-sewell on PROD1PC66 with NOTICES
Robert J. Guilford
Mr. Guilford, 25, has had ITDM since
1990. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Guilford meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006
and certified that he does not have
diabetic retinopathy. He holds a Class B
CDL from New York.
Lucas C. Hansen
Mr. Hansen, 29, has had ITDM since
1990. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Hansen meets the
VerDate Aug<31>2005
15:27 May 15, 2007
Jkt 211001
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2006 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from Iowa.
Ryan R. Harris
Mr. Harris, 30, has had ITDM since
2005. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Harris meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2006 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from Iowa.
Dale R. Hass
Mr. Hass, 56, has had ITDM since
2006. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Hass meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist
examined him in 2006 and certified that
he has stable nonproliferative diabetic
retinopathy. He holds a Class A CDL
from Wisconsin.
Robert P. Haught
Mr. Haught, 38, has had ITDM since
1981. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Haught meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006
and certified that he has stable
proliferative diabetic retinopathy. He
holds a Class O operator’s license from
Michigan, which allows him to operate
PO 00000
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Fmt 4703
Sfmt 4703
27629
any motor vehicle except motorcycles
and CMVs.
Troy O. Heathcock
Mr. Heathcock, 64, has had ITDM
since 2000. His endocrinologist
examined him in 2006 and certified that
he has had no hypoglycemic reactions
resulting in loss of consciousness,
requiring the assistance of another
person, or resulting in impaired
cognitive function that occurred without
warning in the past 5 years; understands
diabetes management and monitoring;
and has stable control of his diabetes
using insulin, and is able to drive a
CMV safely. Mr. Heathcock meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006
and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class B CDL from Michigan.
Mark E. Hogmire
Mr. Hogmire, 42, has had ITDM since
1993. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Hogmire meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2006 and certified that
he does not have diabetic retinopathy.
He holds a Class M operator’s license
from Virginia.
Matthew P. Horner
Mr. Horner, 31, has had ITDM since
2005. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Horner meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2006 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from
Pennsylvania.
Scott D. Leland
Mr. Leland, 45, has had ITDM since
1972. His endocrinologist examined him
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in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Leland meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2006 and certified that
he does not have diabetic retinopathy.
He holds a Class D operator’s license
from Arizona.
Dennis R. Mace
Mr. Mace, 61 has had ITDM since
2006. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Mace meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined
him in 2006 and certified that he does
not have diabetic retinopathy. He holds
a Class A CDL from Pennsylvania.
cprice-sewell on PROD1PC66 with NOTICES
Elizabeth A. Marsh
Ms. Marsh, 55, has had ITDM since
2006. Her endocrinologist examined her
in 2006 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. Marsh meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). Her optometrist
examined her in 2006 and certified that
she does not have diabetic retinopathy.
She holds a Class A CDL from Alabama.
Peggy A. Myers
Ms. Myers, 39, has had ITDM since
1988. Her endocrinologist examined her
in 2006 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
VerDate Aug<31>2005
15:27 May 15, 2007
Jkt 211001
stable control of her diabetes using
insulin, and is able to drive a CMV
safely. Ms. Myers meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). Her optometrist
examined her in 2006 and certified that
she does not have diabetic retinopathy.
She holds an operator’s license from
Indiana, which allows her to drive any
vehicle with a gross vehicle weight
rating of 16,000 pounds or less, except
motorcycles.
Frank C. Perrin
Mr. Perrin, 37, has had ITDM since
1997. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Perrin meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Iowa.
Herbert A. Pierce
Mr. Pierce, 40, has had ITDM since
2000. His endocrinologist examined him
in 2007 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. Pierce meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2006 and certified that
he does not have diabetic retinopathy.
He holds a Class D operator’s license
from Ohio.
Douglas F. Reinke
Mr. Reinke, 55, has had ITDM since
1990. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Reinke meets the
PO 00000
Frm 00093
Fmt 4703
Sfmt 4703
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006
and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class A CDL from
Wisconsin.
Carlos Rosa
Mr. Rosa, 43, has had ITDM since
2003. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Rosa meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist
examined him in 2007 and certified that
he does not have diabetic retinopathy.
He holds a Class B CDL from
Connecticut.
Nicholas F. Santacroce
Mr. Santacroce, 46, has had ITDM
since 1991. His endocrinologist
examined him in 2007 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. Santacroce meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007
and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class D operator’s license
from Massachusetts.
Timothy S. Seitz
Mr. Seitz, 51, has had ITDM since
2006. His endocrinologist examined him
in 2007 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. Seitz meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined
him in 2007 and certified that he does
E:\FR\FM\16MYN1.SGM
16MYN1
Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Notices
not have diabetic retinopathy. He holds
a Class A CDL from Indiana.
Steven J. Shaw
Mr. Shaw, 24, has had ITDM since
2006. His endocrinologist examined him
in 2007 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. Shaw meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined
him in 2006 and certified that he does
not have diabetic retinopathy. He holds
a Class A CDL from Idaho.
cprice-sewell on PROD1PC66 with NOTICES
Donna B. Shehan
Ms. Shehan, 39, has had ITDM since
2006. Her endocrinologist examined her
in 2006 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. Shehan meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). Her
ophthalmologist examined her in 2006
and certified that she does not have
diabetic retinopathy. She holds a Class
D CDL from South Carolina.
Kenneth J. Shifton
Mr. Shifton, 56, has had ITDM since
February, 2006. His endocrinologist
examined him in 2006 and certified that
he has had no hypoglycemic reactions
resulting in loss of consciousness,
requiring the assistance of another
person, or resulting in impaired
cognitive function that occurred without
warning in the past 5 years; understands
diabetes management and monitoring;
and has stable control of his diabetes
using insulin, and is able to drive a
CMV safely. Mr. Shifton meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2006 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from Oregon.
Rick G. Skonberg
Mr. Skonberg, 52, has had ITDM since
1995. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
VerDate Aug<31>2005
15:27 May 15, 2007
Jkt 211001
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. Skonberg meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006
and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class A CDL from Alaska.
Stephanie B. Smith
Ms. Smith, 39, has had ITDM since
2006. Her endocrinologist examined her
in 2006 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. Smith meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). Her
ophthalmologist examined her in 2006
and certified that she does not have
diabetic retinopathy. She holds a Class
B CDL from Washington.
Earl C. Smouse
Mr. Smouse, 49, has had ITDM since
2004. His endocrinologist examined him
in 2007 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. Smouse meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007
and certified that he does not have
diabetic retinopathy. He holds a Class B
CDL from Texas.
Randall J. Stoller
Mr. Stoller, 50, has had ITDM since
1987. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
27631
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Stoller meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2006 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from Illinois.
Peter A. Storm
Mr. Storm, 30, has had ITDM since
2006. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Storm meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2006 and certified that
he does not have diabetic retinopathy.
He holds a Class D chauffeur’s license
from Louisiana.
Robert H. Thompson, Jr.
Mr. Thompson, 38, has had ITDM
since 1994. His endocrinologist
examined him in 2006 and certified that
he has had no hypoglycemic reactions
resulting in loss of consciousness,
requiring the assistance of another
person, or resulting in impaired
cognitive function that occurred without
warning in the past 5 years; understands
diabetes management and monitoring;
and has stable control of his diabetes
using insulin, and is able to drive a
CMV safely. Mr. Thompson meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007
and certified that he does not have
diabetic retinopathy. He holds a Class E
operator’s license from Louisiana,
which allows him to operate any single
motor vehicle under 10,000 pounds
gross vehicle weight, any personal use
recreational vehicle, and farm vehicles
controlled and operated by a farmer.
Robert D. Toland
Mr. Toland, 50, has had ITDM since
1995. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
E:\FR\FM\16MYN1.SGM
16MYN1
27632
Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Notices
safely. Mr. Toland meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Illinois.
Mark A. Webber
Mr. Webber, 46, has had ITDM since
2005. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Webber meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2006 and certified that
he does not have diabetic retinopathy.
He holds a Class D operator’s license
from Minnesota.
Jeffrey A. Withers
Mr. Withers, 39, has had ITDM since
2004. His endocrinologist examined him
in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Withers meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2006 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from Michigan.
cprice-sewell on PROD1PC66 with NOTICES
In accordance with 49 U.S.C. 31136(e)
and 31315, FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice.
We will consider all comments
received before the close of business on
the closing date indicated earlier in the
Notice.
FMCSA notes that Section 4129 of the
Safe, Accountable, Flexible and
Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA–LU)
requires the Secretary to revise its
diabetes exemption program established
on September 3, 2003 (68 FR 52441).1
1 Section 4129(a) refers to the 2003 Notice as a
‘‘final rule.’’ However, the 2003 Notice did not issue
15:27 May 15, 2007
Burden Reduction Committee of the
Taxpayer Advocacy Panel will be
conducted in San Diego, California. The
TAP will be discussing issues pertaining
to increasing compliance and lessening
the burden for Small Business/Self
Employed individuals.
DATES: The meeting will be held Friday,
June 8 and Saturday, June, 9, 2007.
FOR FURTHER INFORMATION CONTACT:
Marisa Knispel at 1–888–912–1227 or
718–488–3557.
SUPPLEMENTARY INFORMATION: Notice is
hereby given pursuant to Section
10(a)(2) of the Federal Advisory
Committee Act, 5 U.S.C. App. (1988)
that an open meeting of the Small
Business/Self Employed—Taxpayer
Burden Reduction Committee of the
Taxpayer Advocacy Panel will be held
Friday, June 8, 2007 from 8:30 a.m. to
4:30 p.m. and Saturday, June 9, 2007
from 8 a.m. to 12 p.m. PDT at the Hilton
San Diego Airport Hotel located at 1960
Harbor Island Drive, San Diego, CA
92101. Individual comments are
welcomed and limited to 5 minutes per
person. For more information and to
confirm attendance, notification of
intent to attend the meeting must be
made with Marisa Knispel. Mrs. Knispel
may be reached at 1–888–912–1227 or
718–488–3557. If you would like to
have the TAP consider a written
statement, please write to Marisa
Knispel, TAP Office, 10 Metro Tech
Center, 625 Fulton Street, Brooklyn, NY
11201, or you may post your comments
to the Web site: https://
www.improveirs.org.
The agenda will include the
following: Various IRS issues.
Issued on: May 9, 2007.
Pamela M. Pelcovits,
Acting Associate Administrator, Policy and
Program Development.
[FR Doc. E7–9339 Filed 5–15–07; 8:45 am]
Dated: May 9, 2007.
John Fay,
Acting Director, Taxpayer Advocacy Panel.
[FR Doc. E7–9343 Filed 5–15–07; 8:45 am]
BILLING CODE 4830–01–P
BILLING CODE 4910–EX–P
Request for Comments
VerDate Aug<31>2005
The revision must provide for
individual assessment of drivers with
diabetes mellitus, and be consistent
with the criteria described in section
4018 of the Transportation Equity Act
for the 21st Century (49 U.S.C. 31305).
Section 4129 requires: (1) The
elimination of the requirement for three
years of experience operating CMVs
while being treated with insulin; and (2)
the establishment of a specified
minimum period of insulin use to
demonstrate stable control of diabetes
before being allowed to operate a CMV.
In response to section 4129, FMCSA
made immediate revisions to the
diabetes exemption program established
by the September 3, 2003. Notice.
FMCSA discontinued use of the 3-year
driving experience and fulfilled the
requirements of section 4129 while
continuing to ensure that operation of
CMVs by drivers with ITDM will
achieve the requisite level of safety
required of all exemptions granted
under 49 U.S.C. 31136 (e).
Section 4129(d) also directed FMCSA
to ensure that drivers of CMVs with
ITDM are not held to a higher standard
than other drivers, with the exception of
limited operating, monitoring and
medical requirements that are deemed
medically necessary.
FMCSA concluded that all of the
operating, monitoring and medical
requirements set out in the September 3,
2003 Notice, except as modified, were
in compliance with section 4129(d).
Therefore, all of the requirements set
out in the September 3, 2003 Notice,
except as modified in the Notice in the
Federal Register on November 8, 2005
(70 FR 67777), remain in effect.
Jkt 211001
DEPARTMENT OF THE TREASURY
DEPARTMENT OF HOMELAND
SECURITY
Internal Revenue Service
U.S. Customs and Border Protection
Open Meeting of the Small Business/
Self Employed—Taxpayer Burden
Reduction Committee of the Taxpayer
Advocacy Panel
Automated Commercial Environment
(ACE): Terms and Conditions for
Account Access of the ACE Secure
Data Portal
Internal Revenue Service (IRS)
Treasury.
ACTION: Notice.
AGENCY:
SUMMARY: An open meeting of the Small
Business/Self Employed—Taxpayer
a ‘‘final rule,’’ but did establish the procedures and
standards for issuing exemptions for drivers with
ITDM.
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
U.S. Customs and Border
Protection; Department of Homeland
Security.
ACTION: General notice.
AGENCY:
SUMMARY: This notice sets forth a
revision of the terms and conditions that
must be followed as a condition for
access to the Automated Commercial
E:\FR\FM\16MYN1.SGM
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Agencies
[Federal Register Volume 72, Number 94 (Wednesday, May 16, 2007)]
[Notices]
[Pages 27625-27632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9339]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2007-27387]
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.
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SUMMARY: FMCSA announces receipt of applications from 57 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 15, 2007.
ADDRESSES: You may submit comments identified by Department of
Transportation (DOT) Docket Management System (DMS) Docket Number
FMCSA-2007-27387 using any of the following methods:
Web site: https://dmses.dot.gov. Follow the instructions
for submitting comments on the DOT electronic docket site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the
[[Page 27626]]
on-line instructions for submitting comments.
All submissions must include the Agency name and docket number for
this Notice. Note that all comments received will be posted without
change to https://dms.dot.gov, including any personal information
provided. Please see the Privacy Act heading under Regulatory Notices.
To read background documents or comments received, go to https://
dms.dot.gov or to Room PL-401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW., Washington, DC between 9 a.m. and 5
p.m. Monday through Friday, except Federal holidays.
Docket: For access to the docket to read background documents or
comments received, go to https://dms.dot.gov at any time or Room PL-401
on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The DMS 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 19477; Apr. 11, 2000). This
information is also available at https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical
Qualifications Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 400 Seventh Street, SW., Room 8301,
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 57
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 statute.
Qualifications of Applicants
Darrell L. Allen
Mr. Allen, age 37, has had ITDM since 2004. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Allen meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2006 and certified that he does not have
diabetic retinopathy. He holds a Class A Commercial Driver's License
(CDL) from Missouri.
Jeffery C. Badberg
Mr. Badberg, 31, has had ITDM since 1980. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Badberg meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class O operator's
license from Nebraska, which allows him operate any non-commercial
vehicle except motorcycles.
Kevin W. Bender
Mr. Bender, 23, has had ITDM since 2003. His endocrinologist
examined him in 2007 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. Bender meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006 and certified that he does not
have diabetic retinopathy. He holds a Class D operator's license from
New York.
Karry J. Benfiet
Mr. Benfiet, 54, has had ITDM since 2006. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Benfiet meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2007 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from North Dakota.
Ronnie T. Bledsoe
Mr. Bledsoe, 37, has had ITDM since 1986. His endocrinologist
examined him in 2007 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. Bledsoe meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2007 and certified that he does not have
diabetic retinopathy. He holds a Class C operator's license from North
Carolina.
Ricky N. Blankenship
Mr. Blankenship, 48, has had ITDM since 2005. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Blankenship meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2006 and certified that
[[Page 27627]]
he does not have diabetic retinopathy. He holds a Class A CDL from
Utah.
Kevin E. Blythe
Mr. Blythe, 46, has had ITDM since 1989. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Blythe meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class B CDL from
Arkansas.
Clayton J. Bragg
Mr. Bragg, 30, has had ITDM since 1989. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bragg meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from Indiana, which allows him to drive any vehicle with a gross
vehicle weight rating of 16,000 pounds or less, except motorcycles.
James A. Broderick
Mr. Broderick, 69, has had ITDM since 1970. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Broderick meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2006 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Montana.
Clifford O. Bull
Mr. Bull, 36, has had ITDM since 1995. His endocrinologist examined
him in 2006 and certified that he has had no hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning in the past 5 years; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Bull meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His optometrist examined
him in 2006 and certified that he does not have diabetic retinopathy.
He holds a Class D operator's license from South Carolina.
Richard M. Carey
Mr. Carey, 46, has had ITDM since 1990. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Carey meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006 and certified that he does not
have diabetic retinopathy. He holds a Class C operator's license from
North Carolina.
Cary W. Chase
Mr. Chase, 38, has had ITDM since 2006. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Chase meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2006 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Colorado.
Robert L. Chestnut
Mr. Chestnut, 68, has had ITDM since 2006. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Chestnut meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Pennsylvania.
Dino J. Coli, Jr.
Mr. Coli, 53, has had ITDM since 2006. His endocrinologist examined
him in 2006 and certified that he has had no hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning in the past 5 years; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Coli meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2006 and certified that he has stable nonproliferative
diabetic retinopathy. He holds a Class C operator's license from
Oregon.
Larry E. Colson
Mr. Colson, 45, has had ITDM since 2006. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Colson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2007 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Colorado.
Elijah N. Craft
Mr. Craft, 66, has had ITDM since 2006. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV
[[Page 27628]]
safely. Mr. Craft meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His optometrist examined him in 2006 and certified
that he does not have diabetic retinopathy. He holds a Class A CDL from
Minnesota.
Leonard Cunningham
Mr. Cunningham, 56, has had ITDM since 2005. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Cunningham meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he does not
have diabetic retinopathy. He holds a Class B operator's license from
Maryland, which allows him to drive non-commercial vehicles and
combinations weighing 26,001 or more pounds gross vehicle weight,
except tractors, trailers, etc.
LaVerne A. DeChausse
Mr. DeChausse, 49, has had ITDM since 2005. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. DeChausse meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2006 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Illinois.
Jason E. Earlywine
Mr. Earlywine, 32, has had ITDM since 1976. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Earlywine meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Kentucky.
Eddie L. Edwards
Mr. Edwards, 51, has had ITDM since 2005. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Edwards meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2006 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Illinois.
Leroy Finn
Mr. Finn, 66, has had ITDM since 2004. His endocrinologist examined
him in 2007 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. Finn meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2007 and certified that he has stable nonproliferative
diabetic retinopathy. He holds a Class A CDL from Illinois.
John E. Fitch
Mr. Fitch, 52, has had ITDM since 1993. His endocrinologist
examined him in 2007 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. Fitch meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2007 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Michigan.
Steven L. Garland
Mr. Garland, 57, has had ITDM since childhood. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Garland meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class E operator's
license from Missouri, which allows him to drive any non-commercial
combination of motor vehicles with a gross vehicle weight less than
26,001 pounds.
William J. Gerlach
Mr. Gerlach, 66, has had ITDM since 2005. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Gerlach meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Ohio.
Anthony Giulitto
Mr. Giulitto, 38, has had ITDM since 2006. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Giulitto meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2006 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Arizona.
Francis J. Godwin
Mr. Godwin, 43, has had ITDM since 1992. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or
[[Page 27629]]
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. Godwin meets the requirements of the vision
standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in
2006 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from New York.
Ricky A. Goss
Mr. Goss, 51, has had ITDM since 2002. His endocrinologist examined
him in 2006 and certified that he has had no hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning in the past 5 years; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Goss meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His optometrist examined
him in 2006 and certified that he does not have diabetic retinopathy.
He holds a Class D operator's license from Ohio.
Robert J. Guilford
Mr. Guilford, 25, has had ITDM since 1990. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Guilford meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from New York.
Lucas C. Hansen
Mr. Hansen, 29, has had ITDM since 1990. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hansen meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2006 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Iowa.
Ryan R. Harris
Mr. Harris, 30, has had ITDM since 2005. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Harris meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2006 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Iowa.
Dale R. Hass
Mr. Hass, 56, has had ITDM since 2006. His endocrinologist examined
him in 2006 and certified that he has had no hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning in the past 5 years; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Hass meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2006 and certified that he has stable nonproliferative
diabetic retinopathy. He holds a Class A CDL from Wisconsin.
Robert P. Haught
Mr. Haught, 38, has had ITDM since 1981. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Haught meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006 and certified that he has stable
proliferative diabetic retinopathy. He holds a Class O operator's
license from Michigan, which allows him to operate any motor vehicle
except motorcycles and CMVs.
Troy O. Heathcock
Mr. Heathcock, 64, has had ITDM since 2000. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Heathcock meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class B CDL from
Michigan.
Mark E. Hogmire
Mr. Hogmire, 42, has had ITDM since 1993. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hogmire meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2006 and certified that he does not have
diabetic retinopathy. He holds a Class M operator's license from
Virginia.
Matthew P. Horner
Mr. Horner, 31, has had ITDM since 2005. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Horner meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2006 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.
Scott D. Leland
Mr. Leland, 45, has had ITDM since 1972. His endocrinologist
examined him
[[Page 27630]]
in 2006 and certified that he has had no hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning in the past 5 years; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Leland meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His optometrist examined
him in 2006 and certified that he does not have diabetic retinopathy.
He holds a Class D operator's license from Arizona.
Dennis R. Mace
Mr. Mace, 61 has had ITDM since 2006. His endocrinologist examined
him in 2006 and certified that he has had no hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning in the past 5 years; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Mace meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His optometrist examined
him in 2006 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Pennsylvania.
Elizabeth A. Marsh
Ms. Marsh, 55, has had ITDM since 2006. Her endocrinologist
examined her in 2006 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. Marsh meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2006 and certified that she does not have
diabetic retinopathy. She holds a Class A CDL from Alabama.
Peggy A. Myers
Ms. Myers, 39, has had ITDM since 1988. Her endocrinologist
examined her in 2006 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. Myers meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2006 and certified that she does not have
diabetic retinopathy. She holds an operator's license from Indiana,
which allows her to drive any vehicle with a gross vehicle weight
rating of 16,000 pounds or less, except motorcycles.
Frank C. Perrin
Mr. Perrin, 37, has had ITDM since 1997. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Perrin meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Iowa.
Herbert A. Pierce
Mr. Pierce, 40, has had ITDM since 2000. His endocrinologist
examined him in 2007 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. Pierce meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2006 and certified that he does not have
diabetic retinopathy. He holds a Class D operator's license from Ohio.
Douglas F. Reinke
Mr. Reinke, 55, has had ITDM since 1990. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Reinke meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Wisconsin.
Carlos Rosa
Mr. Rosa, 43, has had ITDM since 2003. His endocrinologist examined
him in 2006 and certified that he has had no hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning in the past 5 years; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Rosa meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2007 and certified that he does not have diabetic
retinopathy. He holds a Class B CDL from Connecticut.
Nicholas F. Santacroce
Mr. Santacroce, 46, has had ITDM since 1991. His endocrinologist
examined him in 2007 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. Santacroce meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class D operator's
license from Massachusetts.
Timothy S. Seitz
Mr. Seitz, 51, has had ITDM since 2006. His endocrinologist
examined him in 2007 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. Seitz meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2007 and certified that he does
[[Page 27631]]
not have diabetic retinopathy. He holds a Class A CDL from Indiana.
Steven J. Shaw
Mr. Shaw, 24, has had ITDM since 2006. His endocrinologist examined
him in 2007 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. Shaw meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His optometrist examined
him in 2006 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Idaho.
Donna B. Shehan
Ms. Shehan, 39, has had ITDM since 2006. Her endocrinologist
examined her in 2006 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. Shehan meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
ophthalmologist examined her in 2006 and certified that she does not
have diabetic retinopathy. She holds a Class D CDL from South Carolina.
Kenneth J. Shifton
Mr. Shifton, 56, has had ITDM since February, 2006. His
endocrinologist examined him in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 5 years; understands
diabetes management and monitoring; and has stable control of his
diabetes using insulin, and is able to drive a CMV safely. Mr. Shifton
meets the requirements of the vision standard at 49 CFR 391.41(b)(10).
His optometrist examined him in 2006 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Oregon.
Rick G. Skonberg
Mr. Skonberg, 52, has had ITDM since 1995. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Skonberg meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Alaska.
Stephanie B. Smith
Ms. Smith, 39, has had ITDM since 2006. Her endocrinologist
examined her in 2006 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. Smith meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
ophthalmologist examined her in 2006 and certified that she does not
have diabetic retinopathy. She holds a Class B CDL from Washington.
Earl C. Smouse
Mr. Smouse, 49, has had ITDM since 2004. His endocrinologist
examined him in 2007 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. Smouse meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from Texas.
Randall J. Stoller
Mr. Stoller, 50, has had ITDM since 1987. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Stoller meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2006 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Illinois.
Peter A. Storm
Mr. Storm, 30, has had ITDM since 2006. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Storm meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2006 and certified that he does not have
diabetic retinopathy. He holds a Class D chauffeur's license from
Louisiana.
Robert H. Thompson, Jr.
Mr. Thompson, 38, has had ITDM since 1994. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Thompson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he does not
have diabetic retinopathy. He holds a Class E operator's license from
Louisiana, which allows him to operate any single motor vehicle under
10,000 pounds gross vehicle weight, any personal use recreational
vehicle, and farm vehicles controlled and operated by a farmer.
Robert D. Toland
Mr. Toland, 50, has had ITDM since 1995. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV
[[Page 27632]]
safely. Mr. Toland meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His ophthalmologist examined him in 2006 and
certified that he does not have diabetic retinopathy. He holds a Class
A CDL from Illinois.
Mark A. Webber
Mr. Webber, 46, has had ITDM since 2005. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Webber meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2006 and certified that he does not have
diabetic retinopathy. He holds a Class D operator's license from
Minnesota.
Jeffrey A. Withers
Mr. Withers, 39, has had ITDM since 2004. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Withers meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2006 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Michigan.
Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice.
We will consider all comments received before the close of business
on the closing date indicated earlier in the Notice.
FMCSA notes that Section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-
LU) requires the Secretary to revise its diabetes exemption program
established on September 3, 2003 (68 FR 52441).\1\ The revision must
provide for individual assessment of drivers with diabetes mellitus,
and be consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
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\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.
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Section 4129 requires: (1) The elimination of the requirement for
three years of experience operating CMVs while being treated with
insulin; and (2) the establishment of a specified minimum period of
insulin use to demonstrate stable control of diabetes before being
allowed to operate a CMV.
In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003.
Notice. FMCSA discontinued use of the 3-year driving experience and
fulfilled the requirements of section 4129 while continuing to ensure
that operation of CMVs by drivers with ITDM will achieve the requisite
level of safety required of all exemptions granted under 49 U.S.C.
31136 (e).
Section 4129(d) also directed FMCSA to ensure that drivers of CMVs
with ITDM are not held to a higher standard than other drivers, with
the exception of limited operating, monitoring and medical requirements
that are deemed medically necessary.
FMCSA concluded that all of the operating, monitoring and medical
requirements set out in the September 3, 2003 Notice, except as
modified, were in compliance with section 4129(d). Therefore, all of
the requirements set out in the September 3, 2003 Notice, except as
modified in the Notice in the Federal Register on November 8, 2005 (70
FR 67777), remain in effect.
Issued on: May 9, 2007.
Pamela M. Pelcovits,
Acting Associate Administrator, Policy and Program Development.
[FR Doc. E7-9339 Filed 5-15-07; 8:45 am]
BILLING CODE 4910-EX-P