Qualification of Drivers; Exemption Applications; Diabetes, 69280-69283 [E7-23785]

Download as PDF 69280 Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Notices DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket ID. FMCSA–2007–29286] Qualification of Drivers; Exemption Applications; Diabetes Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions from the diabetes standard; request for comments. pwalker on PROD1PC71 with NOTICES AGENCY: SUMMARY: FMCSA announces receipt of applications from 29 individuals for exemptions from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate commercial motor vehicles in interstate commerce. DATES: Comments must be received on or before January 7, 2008. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2007–29286 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Each submission must include the Agency name and the docket ID for this Notice. Note that DOT posts all comments received without change to http://www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your VerDate Aug<31>2005 16:30 Dec 06, 2007 Jkt 214001 comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78; Apr. 11, 2000). This information is also available at http:// Docketinfo.dot.gov. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical Qualifications Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue, SE., Room W64– 224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for a 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 statutes also allow the Agency to renew exemptions at the end of the 2-year period. The 29 individuals listed in this notice have recently requested an exemption from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers of CMVs in interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by the statutes. Qualifications of Applicants Douglas D. Aure Mr. Aure, age 52, 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. Aure meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 examined him in 2007 and certified that he does not have diabetic retinopathy. He holds a Class A Commercial Driver’s License (CDL) from Minnesota. Bruce E. Bivins Mr. Bivins, 60, has had ITDM since 2005. 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. Bivins 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 New Jersey. Steven G. Boggs Mr. Boggs, 52, 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. Boggs 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 Kansas. Jessie L. Brock Mr. Brock, 27, 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. Brock 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 C operator’s license from Texas. E:\FR\FM\07DEN1.SGM 07DEN1 Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Notices Francis C. Coryea Mr. Coryea, 42, has had ITDM since 2007. 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. Coryea 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 New York. Challis J. Crismore Mr. Crismore, 38, 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. Crismore 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 Montana. pwalker on PROD1PC71 with NOTICES Colin M. Forer Mr. Forer, 32, has had ITDM since 1992. 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. Forer 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 C operator’s license from Pennsylvania. Kevin D. Hewston Mr. Hewston, 47, has had ITDM since 2007. His endocrinologist examined him in 2007 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the VerDate Aug<31>2005 16:30 Dec 06, 2007 Jkt 214001 assistance of another person, or 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. Hewston 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 B CDL from Arizona. Daniel C. Horvat Mr. Horvat, 23, 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. Horvat 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 D operator’s license from Minnesota. Richard L. Jarvi Mr. Jarvi, 50, has had ITDM since 1981. 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. Jarvi 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 D operator’s license from Wisconsin. David J. Jansen Mr. Jansen, 38, has had ITDM since 1971. 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 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 69281 safely. Mr. Jansen 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 Ohio. Lawrence A. Kibler Mr. Kibler, 54, has had ITDM since 1967. 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. Kibler 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 Pennsylvania. Richard H. Kruse Mr. Kruse, 64, has had ITDM since 2007. 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. Kruse 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 B CDL from Iowa. Dan A. McGee Mr. McGee, 49, 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. McGee 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 Oklahoma. E:\FR\FM\07DEN1.SGM 07DEN1 69282 Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Notices Arthur J. Medrano Mr. Medrano, 49, 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. Medrano 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 C operator’s license from California. Florindo G. Mercado Mr. Mercado, 58, 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. Mercado 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 proliferative diabetic retinopathy. He holds a Class A CDL from Montana. pwalker on PROD1PC71 with NOTICES Brian D. Morin Mr. Morin, 34, has had ITDM since 1987. 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. Morin 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 C operator’s license from California. Mark R. Perkins Mr. Perkins, 31, has had ITDM since 1986. His endocrinologist examined him in 2007 and certified that he has had no hypoglycemic reactions resulting in loss VerDate Aug<31>2005 16:30 Dec 06, 2007 Jkt 214001 of consciousness, requiring the assistance of another person, or 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. Perkins 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 C operator’s license from Nevada. Amy L. Polovino Ms. Polovino, 34, has had ITDM since 2007. Her endocrinologist examined her in 2007 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. Polovino meets the requirements of the vision standard at 49 CFR 391.41(b)(10). Her ophthalmologist examined her in 2007 and certified that she does not have diabetic retinopathy. She holds a Class C chauffeur license from Michigan. William H. Reinhart Mr. Reinhart, 53, 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. Reinhart 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 C operator’s license from California. Daniel J. Russell Mr. Russell, 35, has had ITDM since 2005. 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 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Russell meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2007 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Ohio. Christopher C. Schuch Mr. Schuch, 53, 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. Schuch 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 Massachusetts. Timothy Short Mr. Short, 46, has had ITDM since 1996. 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. Short 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 C operator’s license from Pennsylvania. Wayne Skiles Mr. Skiles, 58, has had ITDM since 2007. 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. Skiles meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2007 E:\FR\FM\07DEN1.SGM 07DEN1 Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Notices and certified that he does not have diabetic retinopathy. He holds a Class A CDL from California. Gregory B. Valentine, Sr. Mr. Valentine, 41, has had ITDM since 1974. 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. Valentine meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2007 and certified that he has stable proliferative diabetic retinopathy. He holds a Class D operator’s license from Tennessee. pwalker on PROD1PC71 with NOTICES James J. Walsh Mr. Walsh, 64, has had ITDM since 1994. 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. Walsh 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 Florida. Uve J. Witsch Mr. Witsch, 44, has had ITDM since 1999. 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. Witsch 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 California. Steven G. Woltman Mr. Woltman, 44, has had ITDM since 1979. His endocrinologist examined him VerDate Aug<31>2005 16:30 Dec 06, 2007 Jkt 214001 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. Woltman 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 C operator’s license from California. John T. Yocum Mr. Yocum, 52, has had ITDM since 2005. 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. Yocum 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 Idaho. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the dates section of the Notice. FMCSA notes that section 4129 of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU) requires the Secretary to revise its diabetes exemption program established on September 3, 2003 (68 FR 52441).1 The revision must provide for individual assessment of drivers with diabetes mellitus, and be consistent with the criteria described in section 4018 of the Transportation Equity Act for the 21st Century (49 U.S.C. 31305). Section 4129 requires: (1) The elimination of the requirement for three years of experience operating CMVs 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. PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 69283 while being treated with insulin; and (2) the establishment of a specified minimum period of insulin use to demonstrate stable control of diabetes before being allowed to operate a CMV. In response to section 4129, FMCSA made immediate revisions to the diabetes exemption program established by the September 3, 2003 Notice. FMCSA discontinued use of the 3-year driving experience and fulfilled the requirements of section 4129 while continuing to ensure that operation of CMVs by drivers with ITDM will achieve the requisite level of safety required of all exemptions granted under 49 USC. 31136(e). Section 4129(d) also directed FMCSA to ensure that drivers of CMVs with ITDM are not held to a higher standard than other drivers, with the exception of limited operating, monitoring and medical requirements that are deemed medically necessary. FMCSA concluded that all of the operating, monitoring and medical requirements set out in the September 3, 2003 Notice, except as modified, were in compliance with section 4129(d). Therefore, all of the requirements set out in the September 3, 2003 Notice, except as modified by the Notice in the Federal Register on November 8, 2005 (70 FR 67777), remain in effect. Issued on: November 27, 2007. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E7–23785 Filed 12–6–07; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35091] Pacific Unified Railroad Corporation— Operation Exemption—Kaiser Eagle Mountain Railroad Pacific Unified Railroad Corporation (PURC), a noncarrier, has filed a notice of exemption under 49 CFR 1150.31 to operate, pursuant to an agreement with Kaiser Eagle Mountain Railroad (KEM), over KEM’s approximately 52-mile rail right-of-way between milepost 52.0 in Eagle Mountain and milepost 0.0 at Ferrum Junction, in Riverside County, CA. PURC certifies that its projected annual revenues as a result of the transaction would not exceed those that would qualify it as a Class III rail carrier. The transaction is expected to be consummated no sooner than 30 days after the filing of the notice of E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

[Federal Register Volume 72, Number 235 (Friday, December 7, 2007)]
[Notices]
[Pages 69280-69283]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23785]



[[Page 69280]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID. FMCSA-2007-29286]


Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

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

-----------------------------------------------------------------------

SUMMARY: FMCSA announces receipt of applications from 29 individuals 
for exemptions from the prohibition against persons with insulin-
treated diabetes mellitus (ITDM) operating commercial motor vehicles 
(CMVs) in interstate commerce. If granted, the exemptions would enable 
these individuals with ITDM to operate commercial motor vehicles in 
interstate commerce.

DATES: Comments must be received on or before January 7, 2008.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2007-29286 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket ID for 
this Notice. Note that DOT posts all comments received without change 
to http://www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue, SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a 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 19477-78; Apr. 11, 
2000). This information is also available at http://Docketinfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical 
Qualifications Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue, SE., Room W64-
224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 
p.m., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for a 2-year period if it finds ``such exemption would likely achieve a 
level of safety that is equivalent to, or greater than, the level that 
would be achieved absent such exemption.'' The statutes also allow the 
Agency to renew exemptions at the end of the 2-year period. The 29 
individuals listed in this notice have recently requested an exemption 
from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to 
drivers of CMVs in interstate commerce. Accordingly, the Agency will 
evaluate the qualifications of each applicant to determine whether 
granting the exemption will achieve the required level of safety 
mandated by the statutes.

Qualifications of Applicants

Douglas D. Aure
    Mr. Aure, age 52, 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. Aure 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 Commercial Driver's 
License (CDL) from Minnesota.
Bruce E. Bivins
    Mr. Bivins, 60, has had ITDM since 2005. 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. Bivins 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 New 
Jersey.
Steven G. Boggs
    Mr. Boggs, 52, 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. Boggs 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 Kansas.
Jessie L. Brock
    Mr. Brock, 27, 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. Brock 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 C operator's 
license from Texas.

[[Page 69281]]

Francis C. Coryea
    Mr. Coryea, 42, has had ITDM since 2007. 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. Coryea 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 New York.
Challis J. Crismore
    Mr. Crismore, 38, 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. Crismore 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 
Montana.
Colin M. Forer
    Mr. Forer, 32, has had ITDM since 1992. 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. Forer 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 C operator's license from 
Pennsylvania.
Kevin D. Hewston
    Mr. Hewston, 47, has had ITDM since 2007. 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. Hewston 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 B CDL from Arizona.
Daniel C. Horvat
    Mr. Horvat, 23, 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. Horvat 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 D operator's license from 
Minnesota.
Richard L. Jarvi
    Mr. Jarvi, 50, has had ITDM since 1981. 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. Jarvi 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 D operator's license from 
Wisconsin.
David J. Jansen
    Mr. Jansen, 38, has had ITDM since 1971. 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. Jansen 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 Ohio.
Lawrence A. Kibler
    Mr. Kibler, 54, has had ITDM since 1967. 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. Kibler 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 Pennsylvania.
Richard H. Kruse
    Mr. Kruse, 64, has had ITDM since 2007. 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. Kruse 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 B CDL from Iowa.
Dan A. McGee
    Mr. McGee, 49, 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. McGee 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 Oklahoma.

[[Page 69282]]

Arthur J. Medrano
    Mr. Medrano, 49, 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. Medrano 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 C operator's 
license from California.
Florindo G. Mercado
    Mr. Mercado, 58, 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. Mercado 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 
proliferative diabetic retinopathy. He holds a Class A CDL from 
Montana.
Brian D. Morin
    Mr. Morin, 34, has had ITDM since 1987. 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. Morin 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 C operator's license from 
California.
Mark R. Perkins
    Mr. Perkins, 31, 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. Perkins 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 C operator's license from 
Nevada.
Amy L. Polovino
    Ms. Polovino, 34, has had ITDM since 2007. Her endocrinologist 
examined her in 2007 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. Polovino meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
ophthalmologist examined her in 2007 and certified that she does not 
have diabetic retinopathy. She holds a Class C chauffeur license from 
Michigan.
William H. Reinhart
    Mr. Reinhart, 53, 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. Reinhart 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 C operator's license from 
California.
Daniel J. Russell
    Mr. Russell, 35, has had ITDM since 2005. 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. Russell 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.
Christopher C. Schuch
    Mr. Schuch, 53, 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. Schuch 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 Massachusetts.
Timothy Short
    Mr. Short, 46, has had ITDM since 1996. 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. Short 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 C operator's 
license from Pennsylvania.
Wayne Skiles
    Mr. Skiles, 58, has had ITDM since 2007. 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. Skiles meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2007

[[Page 69283]]

and certified that he does not have diabetic retinopathy. He holds a 
Class A CDL from California.
Gregory B. Valentine, Sr.
    Mr. Valentine, 41, has had ITDM since 1974. 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. Valentine meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that he has stable 
proliferative diabetic retinopathy. He holds a Class D operator's 
license from Tennessee.
James J. Walsh
    Mr. Walsh, 64, has had ITDM since 1994. 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. Walsh 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 Florida.
Uve J. Witsch
    Mr. Witsch, 44, has had ITDM since 1999. 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. Witsch 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 
California.
Steven G. Woltman
    Mr. Woltman, 44, has had ITDM since 1979. 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. Woltman 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 C operator's 
license from California.
John T. Yocum
    Mr. Yocum, 52, has had ITDM since 2005. 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. Yocum 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 Idaho.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments received before 
the close of business on the closing date indicated in the dates 
section of the Notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible 
and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-
LU) requires the Secretary to revise its diabetes exemption program 
established on September 3, 2003 (68 FR 52441).\1\ The revision must 
provide for individual assessment of drivers with diabetes mellitus, 
and be consistent with the criteria described in section 4018 of the 
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
---------------------------------------------------------------------------

    \1\ Section 4129(a) refers to the 2003 Notice as a ``final 
rule.'' However, the 2003 Notice did not issue a ``final rule'' but 
did establish the procedures and standards for issuing exemptions 
for drivers with ITDM.
---------------------------------------------------------------------------

    Section 4129 requires: (1) The elimination of the requirement for 
three years of experience operating CMVs while being treated with 
insulin; and (2) the establishment of a specified minimum period of 
insulin use to demonstrate stable control of diabetes before being 
allowed to operate a CMV.
    In response to section 4129, FMCSA made immediate revisions to the 
diabetes exemption program established by the September 3, 2003 Notice. 
FMCSA discontinued use of the 3-year driving experience and fulfilled 
the requirements of section 4129 while continuing to ensure that 
operation of CMVs by drivers with ITDM will achieve the requisite level 
of safety required of all exemptions granted under 49 USC. 31136(e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs 
with ITDM are not held to a higher standard than other drivers, with 
the exception of limited operating, monitoring and medical requirements 
that are deemed medically necessary.
    FMCSA concluded that all of the operating, monitoring and medical 
requirements set out in the September 3, 2003 Notice, except as 
modified, were in compliance with section 4129(d). Therefore, all of 
the requirements set out in the September 3, 2003 Notice, except as 
modified by the Notice in the Federal Register on November 8, 2005 (70 
FR 67777), remain in effect.

    Issued on: November 27, 2007.
 Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E7-23785 Filed 12-6-07; 8:45 am]
BILLING CODE 4910-EX-P