Qualification of Drivers; Exemption Applications; Diabetes, 52451-52456 [E8-20893]
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Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Notices
motor carriers, drivers, and
representatives of medical and scientific
associations. Written comments for this
MRB meeting will also be accepted
beginning on September 9, 2008 and
continuing until October 20, 2008, and
should include the docket ID that is
listed in the ADDRESSES section.
During the MRB meeting (1200–1230),
oral comments may be limited
depending on how many persons wish
to comment; and will be accepted on a
first come, first serve basis as requestors
register at the meeting. The comments
must directly address relevant medical
and scientific issues on the MRB
meeting agenda. For more information,
please view the following Web site:
https://www.fmcsa.dot.gov/mrb.
Issued on: September 3, 2008.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E8–20887 Filed 9–8–08; 8:45 am]
BILLING CODE 4910–EX–P
Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
You may see all the comments online
through the Federal Document
Management System (FDMS) at https://
www.regulations.gov.
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
comment period ended on August 20,
2008.
DEPARTMENT OF TRANSPORTATION
FMCSA received no comments in this
proceeding.
Federal Motor Carrier Safety
Administration
Conclusion
Qualification of Drivers; Exemption
Renewals; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
SUMMARY: FMCSA previously
announced its decision to renew the
exemptions from the vision requirement
in the Federal Motor Carrier Safety
Regulations for 11 individuals. FMCSA
has statutory authority to exempt
individuals from the vision requirement
if the exemptions granted will not
compromise safety. The Agency has
reviewed the comments submitted in
response to the previous announcement
and concluded that granting these
exemptions will provide a level of safety
that will be equivalent to, or greater
than, the level of safety maintained
without the exemptions for these
commercial motor vehicle (CMV)
drivers.
Dr.
Mary D. Gunnels, Director, Medical
Programs, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue, SE., Room W64–
224, Washington, DC 20590–0001.
jlentini on PROD1PC65 with NOTICES
FOR FURTHER INFORMATION CONTACT:
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The Agency has not received any
adverse evidence on any of these drivers
that indicates that safety is being
compromised. Based upon its
evaluation of the 11 renewal
applications, FMCSA renews the
Federal vision exemptions for Manuel
A. Almeida, Ronald B. Brown, Thomas
L. Corey, Brian G. Hagen, Donald E.
Hathaway, John C. Lewis, William R.
Proffitt, Jose M. Suarez, Louis E. Villa,
Jr., Barney J. Wade, and Richard A.
Yeager.
In accordance with 49 U.S.C. 31136(e)
and 31315, each renewal exemption will
be valid for 2 years unless revoked
earlier by FMCSA. The exemption will
be revoked 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 and 31315.
Issued on: September 3, 2008.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E8–20890 Filed 9–8–08; 8:45 am]
BILLING CODE 4910–EX–P
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket ID. FMCSA–2008–0267]
Electronic Access
Discussion of Comments
[Docket No. FMCSA–99–6480; FMCSA–02–
11714; FMCSA–03–14223; FMCSA–04–
17195; FMCSA–05–21254; FMCSA–06–
24015; FMCSA–06–24783]
52451
Sfmt 4703
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.
AGENCY:
SUMMARY: FMCSA announces receipt of
applications from 39 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 October 9, 2008.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2008–0267 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://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
https://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 https://
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-
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Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Notices
addressed, stamped envelope or
postcard or print the acknowledgment
page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or of the person signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review the DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19476). This information is also
available at https://Docketinfo.dot.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Mary D. Gunnels, Director, Medical
Programs, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue, SE., Room W64–
224, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5
p.m., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for a 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 39
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.
jlentini on PROD1PC65 with NOTICES
Qualifications of Applicants
Joseph L. Bartolomei
Mr. Bartolomei, 56, has had ITDM
since 2008. His endocrinologist
examined him in 2008 and certified that
he has had no hypoglycemic reactions
resulting in loss of consciousness,
requiring the assistance of another
person, or resulting in impaired
cognitive function that occurred without
warning in the past 5 years; understands
diabetes management and monitoring;
and has stable control of his diabetes
using insulin, and is able to drive a
CMV safely. Mr. Bartolomei meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2008 and certified that
he does not have diabetic retinopathy.
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He holds a Class A CDL from
Massachusetts.
Michael B. Bennington, Sr.
Mr. Bennington, 32, has had ITDM
since 2007. His endocrinologist
examined him in 2008 and certified that
he has had no hypoglycemic reactions
resulting in loss of consciousness,
requiring the assistance of another
person, or resulting in impaired
cognitive function that occurred without
warning in the past 5 years; understands
diabetes management and monitoring;
and has stable control of his diabetes
using insulin, and is able to drive a
CMV safely. Mr. Bennington meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Pennsylvania.
Keith A. Callahan
Mr. Callahan, age 29, has had ITDM
since 1995. His endocrinologist
examined him in 2008 and certified that
he has had no hypoglycemic reactions
resulting in loss of consciousness,
requiring the assistance of another
person, or resulting in impaired
cognitive function that occurred without
warning in the past 5 years; understands
diabetes management and monitoring;
and has stable control of his diabetes
using insulin, and is able to drive a
CMV safely. Mr. Callahan meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2008 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from Ohio.
John E. Coppedge
Mr. Coppedge, 54, has had ITDM
since 2005. His endocrinologist
examined him in 2008 and certified that
he has had no hypoglycemic reactions
resulting in loss of consciousness,
requiring the assistance of another
person, or resulting in impaired
cognitive function that occurred without
warning in the past 5 years; understands
diabetes management and monitoring;
and has stable control of his diabetes
using insulin, and is able to drive a
CMV safely. Mr. Coppedge meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2008 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from Colorado.
Roland D. Demers
Mr. Demers, 55, has had ITDM since
1984. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
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Sfmt 4703
of consciousness, requiring the
assistance of another person, or
resulting in 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. Demers meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2008 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from New York.
Gary J. Drackert
Mr. Drackert, 53, has had ITDM since
2008. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Drackert meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2008 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from Missouri.
Larry J. Eischens
Mr. Eischens, 60, has had ITDM since
2008. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Eischens meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2008 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from South
Dakota.
James L. Erviti
Mr. Erviti, 59, has had ITDM since
2006. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
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safely. Mr. Erviti meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist
examined him in 2008 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from
Massachusetts.
Richard C. Frost
Mr. Frost, 56, has had ITDM since
2007. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Frost meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist
examined him in 2008 and certified that
he has stable nonproliferative diabetic
retinopathy. He holds a Class B CDL
from California.
Charles W. Garrison
Mr. Garrison, 51, has had ITDM since
2007. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Garrison meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2008 and certified that
he does not have diabetic retinopathy.
He holds a Class C operator’s license
from Maryland.
jlentini on PROD1PC65 with NOTICES
Timothy W. Goforth
Mr. Goforth, 52, has had ITDM since
2008. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Goforth meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008
and certified that he as stable
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17:08 Sep 08, 2008
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nonproliferative diabetic retinopathy.
He holds a Class A CDL from Oregon.
Chad C. Gittings
Mr. Gittings, 32, has had ITDM since
1995. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Gittings meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2008 and certified that
he does not have diabetic retinopathy.
He holds a Class C operator’s license
from Pennsylvania.
David J. Hanzl
Mr. Hanzl, 38, has had ITDM since
1987. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Hanzl meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008
and certified that he does not have
diabetic retinopathy. He holds a Class D
operator’s license from New York.
John A. Hayes
Mr. Hayes, 47, has had ITDM since
2003. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Hayes meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008
and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class A CDL from New York.
Thomas R. Jones
Mr. Jones, 39, has had ITDM since
2006. His endocrinologist examined him
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52453
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Jones meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined
him in 2008 and certified that he does
not have diabetic retinopathy. He holds
a Class A CDL from Ohio.
David H. Keawe
Mr. Keawe, 61, has had ITDM since
2007. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Keawe meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Hawaii.
James G. Keesling
Mr. Keesling, 60, has had ITDM since
2007. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Keesling meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2008 and certified that
he does not have diabetic retinopathy.
He holds a Class B CDL from Indiana.
Chadwick A. Lang
Mr. Lang, 34, has had ITDM since
1989. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
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stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Lang meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist
examined him in 2008 and certified that
he has stable proliferative diabetic
retinopathy. He holds a Class A CDL
from North Dakota.
Barry D. Langley
Mr. Langley, 56, has had ITDM since
2006. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Langley meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2008 and certified that
he does not have diabetic retinopathy.
He holds a Class B CDL from Virginia.
jlentini on PROD1PC65 with NOTICES
John M. Lyon
Mr. Lyon, 60, has had ITDM since
2006. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Lyon meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist
examined him in 2008 and certified that
he has stable nonproliferative diabetic
retinopathy. He holds a Class A CDL
from North Dakota.
Douglas S. Morical
Mr. Morical, 36, has had ITDM since
2008. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Morical meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008
and certified that he does not have
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17:08 Sep 08, 2008
Jkt 214001
diabetic retinopathy. He holds a Class C
operator’s license from Oregon.
Robert L. O’Neill
Mr. O’Neill, 57, 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. O’Neill 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 Nebraska.
Barry S. Neukum
Mr. Neukum, 36, has had ITDM since
2003. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Neukum meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008
and certified that he does not have
diabetic retinopathy. He holds a Class C
operator’s license from Maryland.
Mark E. Peters
Mr. Peters, 32, has had ITDM since
1989. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Peters meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Massachusetts.
Brian M. Rossiter
Mr. Rossiter, 25, has had ITDM since
1997. His endocrinologist examined him
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Fmt 4703
Sfmt 4703
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Rossiter meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008
and certified that he does not have
diabetic retinopathy. He holds a Class C
operator’s license from Pennsylvania.
Roger M. Russell
Mr. Russell, 54, has had ITDM since
2008. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Russell meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2008 and certified that
he does not have diabetic retinopathy.
He holds a Class D operator’s license
from Minnesota.
John G. Schaible, Jr.
Mr. Schaible, 47, has had ITDM since
2007. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Schaible meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2008 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from New York.
Rory J. Seleman
Mr. Seleman, 37, has had ITDM since
2005. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
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management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Seleman meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2008 and certified that
he does not have diabetic retinopathy.
He holds a Class D operator’s license
from Illinois.
Thomas P. Shergold
Mr. Shergold, 52, has had ITDM since
2006. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Shergold meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2008 and certified that
he does not have diabetic retinopathy.
He holds a Class C operator’s license
from Georgia.
jlentini on PROD1PC65 with NOTICES
Kristopher R. Soto
Mr. Soto, 25, has had ITDM since
2007. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Soto meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined
him in 2008 and certified that he does
not have diabetic retinopathy. He holds
a Class A CDL from Missouri.
Frank L. Tomlinson
Mr. Tomlinson, 57, has had ITDM
since 2005. His endocrinologist
examined him in 2008 and certified that
he has had no hypoglycemic reactions
resulting in loss of consciousness,
requiring the assistance of another
person, or resulting in impaired
cognitive function that occurred without
warning in the past 5 years; understands
diabetes management and monitoring;
and has stable control of his diabetes
using insulin, and is able to drive a
CMV safely. Mr. Tomlinson meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2008 and certified that
VerDate Aug<31>2005
17:08 Sep 08, 2008
Jkt 214001
he does not have diabetic retinopathy.
He holds a Class A CDL from Utah.
Eric D. Travland
Mr. Travland, 37, has had ITDM since
1995. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Travland meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008
and certified that he does not have
diabetic retinopathy. He holds a Class C
operator’s license from North Carolina.
Ralph E. Vindittie
Mr. Vindittie, 53, has had ITDM since
2007. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Vindittie meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008
and certified that he does not have
diabetic retinopathy. He holds a Class B
CDL from New York.
James E. Waller, III
Mr. Waller, 38, has had ITDM since
2005. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Waller meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2008 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from Georgia.
Chase M. Wells
Mr. Wells, 37, has had ITDM since
1989. His endocrinologist examined him
in 2008 and certified that he has had no
PO 00000
Frm 00195
Fmt 4703
Sfmt 4703
52455
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in 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. Wells meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008
and certified that he does not have
diabetic retinopathy. He holds a Class B
CDL from New York.
Laurie E. White
Ms. White, 45, has had ITDM since
2007. Her endocrinologist examined her
in 2008 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. White meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). Her
ophthalmologist examined her in 2008
and certified that she does not have
diabetic retinopathy. She holds a Class
A CDL from New York.
Robert E. Williams
Mr. Williams, 59, has had ITDM since
2003. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Williams meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2008 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from New York.
Craig E. Wolf
Mr. Wolf, 52, has had ITDM since
2001. His endocrinologist examined him
in 2008 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
E:\FR\FM\09SEN1.SGM
09SEN1
52456
Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Notices
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Wolf meets the requirements
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined
him in 2008 and certified that he does
not have diabetic retinopathy. He holds
a Class A CDL from Illinois.
jlentini on PROD1PC65 with NOTICES
Stephanie D. Wright
Ms. Wright, 39, has had ITDM since
2008. Her endocrinologist examined her
in 2008 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. Wright meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). Her optometrist
examined her in 2008 and certified that
she does not have diabetic retinopathy.
She holds a Class B operator’s license
from North Carolina.
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
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.
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.
VerDate Aug<31>2005
17:08 Sep 08, 2008
Jkt 214001
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 by the Notice in the
Federal Register on November 8, 2005
(70 FR 67777), remain in effect.
Dated: September 3, 2008.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E8–20893 Filed 9–8–08; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–00–7165; FMCSA–04–
17984; FMCSA–05–23238; FMCSA–06–
24783]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
SUMMARY: FMCSA announces its
decision to renew the exemptions from
the vision requirement in the Federal
Motor Carrier Safety Regulations for 13
individuals. FMCSA has statutory
authority to exempt individuals from
the vision requirement if the
exemptions granted will not
compromise safety. The Agency has
concluded that granting these
exemption renewals will provide a level
of safety that is equivalent to, or greater
than, the level of safety maintained
without the exemptions for these
commercial motor vehicle (CMV)
drivers.
This decision is effective October
15, 2008. Comments must be received
on or before October 9, 2008.
DATES:
PO 00000
Frm 00196
Fmt 4703
Sfmt 4703
You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–00–
7165; FMCSA–04–17984; FMCSA–05–
23238; FMCSA–06–24783, using any of
the following methods.
• Federal eRulemaking Portal: Go to
https://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 or Courier: 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 number for
this Notice. Note that DOT posts all
comments received without change to
https://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 https://
www.regulations.gov at any time or
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The
FDMS is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or of the person signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review the DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19476). This information is also
available at https://DocketInfo.dot.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Mary D. Gunnels, Director, Medical
Programs, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue, SE., Room W64–
224, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal
holidays.
ADDRESSES:
E:\FR\FM\09SEN1.SGM
09SEN1
Agencies
[Federal Register Volume 73, Number 175 (Tuesday, September 9, 2008)]
[Notices]
[Pages 52451-52456]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20893]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket ID. FMCSA-2008-0267]
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 39 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 October 9, 2008.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2008-0267 using any of the
following methods:
Federal eRulemaking Portal: Go to https://
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 https://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 https://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-
[[Page 52452]]
addressed, stamped envelope or postcard or print the acknowledgment
page that appears after submitting comments on-line.
Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19476). This information is
also available at https://Docketinfo.dot.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption.'' The statutes also allow the
Agency to renew exemptions at the end of the 2-year period. The 39
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
Joseph L. Bartolomei
Mr. Bartolomei, 56, has had ITDM since 2008. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bartolomei meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Massachusetts.
Michael B. Bennington, Sr.
Mr. Bennington, 32, has had ITDM since 2007. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bennington meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Pennsylvania.
Keith A. Callahan
Mr. Callahan, age 29, has had ITDM since 1995. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Callahan meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Ohio.
John E. Coppedge
Mr. Coppedge, 54, has had ITDM since 2005. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Coppedge meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Colorado.
Roland D. Demers
Mr. Demers, 55, has had ITDM since 1984. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Demers meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from New York.
Gary J. Drackert
Mr. Drackert, 53, has had ITDM since 2008. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Drackert meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Missouri.
Larry J. Eischens
Mr. Eischens, 60, has had ITDM since 2008. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Eischens meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from South Dakota.
James L. Erviti
Mr. Erviti, 59, has had ITDM since 2006. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV
[[Page 52453]]
safely. Mr. Erviti meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His ophthalmologist examined him in 2008 and
certified that he does not have diabetic retinopathy. He holds a Class
A CDL from Massachusetts.
Richard C. Frost
Mr. Frost, 56, has had ITDM since 2007. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Frost meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class B CDL from
California.
Charles W. Garrison
Mr. Garrison, 51, has had ITDM since 2007. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Garrison meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class C operator's license from
Maryland.
Timothy W. Goforth
Mr. Goforth, 52, has had ITDM since 2008. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Goforth meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he as stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Oregon.
Chad C. Gittings
Mr. Gittings, 32, has had ITDM since 1995. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Gittings meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class C operator's license from
Pennsylvania.
David J. Hanzl
Mr. Hanzl, 38, has had ITDM since 1987. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hanzl meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he does not
have diabetic retinopathy. He holds a Class D operator's license from
New York.
John A. Hayes
Mr. Hayes, 47, has had ITDM since 2003. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hayes meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from New
York.
Thomas R. Jones
Mr. Jones, 39, has had ITDM since 2006. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Jones meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Ohio.
David H. Keawe
Mr. Keawe, 61, has had ITDM since 2007. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Keawe meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Hawaii.
James G. Keesling
Mr. Keesling, 60, has had ITDM since 2007. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Keesling meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Indiana.
Chadwick A. Lang
Mr. Lang, 34, has had ITDM since 1989. His endocrinologist examined
him in 2008 and certified that he has had no hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning in the past 5 years; understands diabetes management
and monitoring; and has
[[Page 52454]]
stable control of his diabetes using insulin, and is able to drive a
CMV safely. Mr. Lang meets the requirements of the vision standard at
49 CFR 391.41(b)(10). His ophthalmologist examined him in 2008 and
certified that he has stable proliferative diabetic retinopathy. He
holds a Class A CDL from North Dakota.
Barry D. Langley
Mr. Langley, 56, has had ITDM since 2006. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Langley meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Virginia.
John M. Lyon
Mr. Lyon, 60, has had ITDM since 2006. His endocrinologist examined
him in 2008 and certified that he has had no hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning in the past 5 years; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Lyon meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2008 and certified that he has stable nonproliferative
diabetic retinopathy. He holds a Class A CDL from North Dakota.
Douglas S. Morical
Mr. Morical, 36, has had ITDM since 2008. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Morical meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he does not
have diabetic retinopathy. He holds a Class C operator's license from
Oregon.
Robert L. O'Neill
Mr. O'Neill, 57, 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. O'Neill 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 Nebraska.
Barry S. Neukum
Mr. Neukum, 36, has had ITDM since 2003. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Neukum meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he does not
have diabetic retinopathy. He holds a Class C operator's license from
Maryland.
Mark E. Peters
Mr. Peters, 32, has had ITDM since 1989. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Peters meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Massachusetts.
Brian M. Rossiter
Mr. Rossiter, 25, has had ITDM since 1997. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Rossiter meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he does not
have diabetic retinopathy. He holds a Class C operator's license from
Pennsylvania.
Roger M. Russell
Mr. Russell, 54, has had ITDM since 2008. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Russell meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class D operator's license from
Minnesota.
John G. Schaible, Jr.
Mr. Schaible, 47, has had ITDM since 2007. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Schaible meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from New York.
Rory J. Seleman
Mr. Seleman, 37, has had ITDM since 2005. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
[[Page 52455]]
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Seleman meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class D operator's license from
Illinois.
Thomas P. Shergold
Mr. Shergold, 52, has had ITDM since 2006. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Shergold meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class C operator's license from
Georgia.
Kristopher R. Soto
Mr. Soto, 25, has had ITDM since 2007. His endocrinologist examined
him in 2008 and certified that he has had no hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning in the past 5 years; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Soto meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His optometrist examined
him in 2008 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Missouri.
Frank L. Tomlinson
Mr. Tomlinson, 57, has had ITDM since 2005. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Tomlinson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Utah.
Eric D. Travland
Mr. Travland, 37, has had ITDM since 1995. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Travland meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he does not
have diabetic retinopathy. He holds a Class C operator's license from
North Carolina.
Ralph E. Vindittie
Mr. Vindittie, 53, has had ITDM since 2007. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Vindittie meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from New York.
James E. Waller, III
Mr. Waller, 38, has had ITDM since 2005. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Waller meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Georgia.
Chase M. Wells
Mr. Wells, 37, has had ITDM since 1989. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Wells meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from New York.
Laurie E. White
Ms. White, 45, has had ITDM since 2007. Her endocrinologist
examined her in 2008 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. White meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
ophthalmologist examined her in 2008 and certified that she does not
have diabetic retinopathy. She holds a Class A CDL from New York.
Robert E. Williams
Mr. Williams, 59, has had ITDM since 2003. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Williams meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from New York.
Craig E. Wolf
Mr. Wolf, 52, has had ITDM since 2001. His endocrinologist examined
him in 2008 and certified that he has had no hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning in the past 5 years; understands diabetes management
and monitoring; and has
[[Page 52456]]
stable control of his diabetes using insulin, and is able to drive a
CMV safely. Mr. Wolf meets the requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist examined him in 2008 and
certified that he does not have diabetic retinopathy. He holds a Class
A CDL from Illinois.
Stephanie D. Wright
Ms. Wright, 39, has had ITDM since 2008. Her endocrinologist
examined her in 2008 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. Wright meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2008 and certified that she does not have
diabetic retinopathy. She holds a Class B operator's license from North
Carolina.
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 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 by the Notice in the Federal Register on November 8, 2005 (70
FR 67777), remain in effect.
Dated: September 3, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-20893 Filed 9-8-08; 8:45 am]
BILLING CODE 4910-EX-P