[Federal Register Volume 71, Number 106 (Friday, June 2, 2006)]
[Notices]
[Pages 32177-32182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8587]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-24210]


Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

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

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

DATES: Comments must be received on or before July 3, 2006.

ADDRESSES: You may submit comments identified by Department of 
Transportation (DOT) Docket Management System (DMS) Docket Number 
FMCSA-2006-24210 using any of the following methods:
     Web site: http://dmses.dot.gov. Follow the instructions 
for submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.

All submissions must include the Agency name and docket number for this 
Notice. Note that all comments received will be posted without change 
to http://dms.dot.gov, including any personal information provided. 
Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or Room PL-401 
on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The DMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register Notice published on April 11, 2000 (65 FR 19477; Apr. 11, 
2000). This information is also available at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical 
Qualifications Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 400 Seventh Street, SW., Room 8301, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

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

Qualifications of Applicants

Charles A. Adams Jr.

    Mr. Adams, age 36, has had ITDM since 2005. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Adams meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2005 and certified that he does not 
have diabetic retinopathy. He holds a Class 2 operator's license from 
Connecticut which qualifies him to drive any motor vehicle, including a 
recreational vehicle of any weight, except a commercial motor vehicle, 
an articulated vehicle, or combination of motor vehicle and trailer 
where the gross weight of the trailing unit or trailer is more than 
10,000 miles.

Scott R. Anderson

    Mr. Anderson, 53, has had ITDM since 2005. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Anderson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His

[[Page 32178]]

ophthalmologist examined him in 2005 and certified that he does not 
have diabetic retinopathy. He holds a Class A Commercial Driver's 
License (CDL) from Wisconsin.

Richard Bechtel

    Mr. Bechtel, 56, has had ITDM since 2005. His endocrinologist 
examined him in 2006 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Bechtel meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2005 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Arizona.

Robert R. Chase

    Mr. Chase, 69, has had ITDM since 1998. His endocrinologist 
examined him in 2006 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Chase meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he has stable 
nonproliferative stable diabetic retinopathy. He holds a Class A CDL 
from Nebraska.

Dale J. Cleaver

    Mr. Cleaver, 37, has had ITDM since 2000. His endocrinologist 
examined him in 2006 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Cleaver meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2005 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Pennsylvania.

Jeffrey W. Cotner

    Mr. Cotner, 43, has had ITDM since 1995. His endocrinologist 
examined him in 2006 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Cotner was granted an 
exemption by FMCSA from the vision standard at 49 CFR 391.41(b)(10) on 
May 31, 2005. His ophthalmologist examined him in 2005 and certified 
that he has stable nonproliferative diabetic retinopathy. He holds a 
Class A CDL from Oregon.

Todd A. Dean

    Mr. Dean, 43, has had ITDM since 2003. His endocrinologist examined 
him in 2006 and certified that he has had no hypoglycemic reactions 
resulting in loss of consciousness, requiring the assistance of another 
person, or resulting in impaired cognitive function that occurred 
without warning in the past 5 years; understands diabetes management 
and monitoring; and has stable control of his diabetes using insulin, 
and is able to drive a CMV safely. Mr. Dean meets the requirements of 
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist 
examined him in 2006 and certified that he does not have diabetic 
retinopathy. He holds a Class A CDL from West Virginia.

Dale R. Gansz

    Mr. Gansz, 44, has had ITDM since 1994. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Gansz meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2005 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Illinois.

Neal J. Gifford

    Mr. Gifford, 41, has had ITDM since 2001. His endocrinologist 
examined him in 2006 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Gifford meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2005 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Ohio.

Donald W. Havourd, Sr.

    Mr. Havourd, 61, has had ITDM since 1998. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Havourd meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2005 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Connecticut.

Peter D. Jacobs

    Mr. Jacobs, 48, has had ITDM since 1989. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Jacobs meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2005 and certified that he does not have 
diabetic retinopathy. He holds a Class D operator's license from 
Wisconsin.

David A. Kelley

    Mr. Kelley, 52, has had ITDM since 2004. His endocrinologist 
examined him in 2006 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV

[[Page 32179]]

safely. Mr. Kelly meets the requirements of the vision standard at 49 
CFR 391.41(b)(10). His optometrist examined him in 2005 and certified 
that he does not have diabetic retinopathy. He holds a Class A CDL from 
Nebraska.

Jeffrey M. King

    Mr. King, 33, has had ITDM since 2004. His endocrinologist examined 
him in 2005 and certified that he has had no hypoglycemic reactions 
resulting in loss of consciousness, requiring the assistance of another 
person, or resulting in impaired cognitive function that occurred 
without warning in the past 5 years; understands diabetes management 
and monitoring; and has stable control of his diabetes using insulin, 
and is able to drive a CMV safely. Mr. King meets the requirements of 
the vision standard at 49 CFR 391.41(b)(10). His optometrist examined 
him in 2005 and certified that he does not have diabetic retinopathy. 
He holds a Class C operator's license from Oregon.

Milton A. Klise

    Mr. Klise, 48, has had ITDM since 2002. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Klise meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2005 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Ohio.

Jeffrey Knight

    Mr. Knight, 42, has had ITDM since 1973. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Knight meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2005 and certified that ``Since his 
laser treatment, his proliferative diabetic retinopathy is in complete 
involution and he has no further signs of diabetic retinopathy.'' He 
holds an operator's license from Washington.

Edward V. Kruse

    Mr. Kruse, 58, has had ITDM since 1986. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 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 
ophthalmologist examined him in 2006 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Iowa.

Lee P. Lembke

    Mr. Lembke, 48, has had ITDM since 1992. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Lembke meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2005 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Wisconsin.

Dominick T. Mastroni

    Mr. Mastroni, 45, has had ITDM since 2004. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Mastroni meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2005 and certified that his non-
proliferative diabetic retinopathy is stable. He holds a Class A CDL 
from Kansas.

Ronald S. Mavilla

    Mr. Mavilla, 62, has had ITDM since 1999. His endocrinologist 
examined him in 2006 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Mavilla meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Derril W. Nunnally

    Mr. Nunnally, 36, has had ITDM since 2003. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Nunnally meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2005 and certified that he does not 
have diabetic retinopathy. He holds a Class C operator's license from 
Georgia.

Ronald D. Olson

    Mr. Olson, 42, has had ITDM since 1993. His endocrinologist 
examined him in 2006 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Olson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Wisconsin.

Robert L. Olson

    Mr. Olson, 74, has had ITDM since 1988. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the

[[Page 32180]]

assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 5 years; understands 
diabetes management and monitoring; and has stable control of his 
diabetes using insulin, and is able to drive a CMV safely. Mr. Olson 
meets the requirements of the vision standard at 49 CFR 391.41(b)(10). 
His ophthalmologist examined him in 2006 and certified that he has 
stable nonproliferative diabetic retinopathy. He holds a Class D 
operator's license from Wisconsin.

Terence V. Parker

    Mr. Parker, 44, has had ITDM since 2005. His endocrinologist 
examined him in 2006 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Parker meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from New York.

Robert L. Pflugler, Jr.

    Mr. Pflugler, 39, has had ITDM since 1997. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Pflugler meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2005 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from Pennsylvania.

William E. Pruett, Jr.

    Mr. Pruett, 36, has had ITDM since January 30, 2006. His 
endocrinologist examined him in 2006 and certified that he has had no 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 5 years; understands 
diabetes management and monitoring; and has stable control of his 
diabetes using insulin, and is able to drive a CMV safely. Mr. Pruett 
meets the requirements of the vision standard at 49 CFR 391.41(b)(10). 
His ophthalmologist examined him in 2006 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Ohio.

Ronald B. Purdum

    Mr. Purdum, 31, has had ITDM since 1998. His endocrinologist 
examined him in 2006 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Purdum meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2005 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Illinois.

Wilbert C. Rasely Jr.

    Mr. Rasely, 53, has had ITDM since 1995. His endocrinologist 
examined him in 2006 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Rasely meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Maurice E. Ratliff, Sr.

    Mr. Ratliff, 55, has had ITDM since 1995. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Ratliff meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2005 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from California.

Ron R. Rawson

    Mr. Rawson, 50, has had ITDM since 1985. His endocrinologist 
examined him in 2006 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Rawson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Arizona.

Duane C. Rieger

    Mr. Rieger, 57, has had ITDM since 2002. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Rieger meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2005 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from North Dakota.

Gregory A. Rigg

    Mr. Rigg, 47, has had ITDM since 1999. His endocrinologist examined 
him in 2005 and certified that he has had no hypoglycemic reactions 
resulting in loss of consciousness, requiring the assistance of another 
person, or resulting in impaired cognitive function that occurred 
without warning in the past 5 years; understands diabetes management 
and monitoring; and has stable control of his diabetes using insulin, 
and is able to drive a CMV safely. Mr. Rigg meets the requirements of 
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist 
examined him in 2005 and certified that he does not have diabetic 
retinopathy. He holds a Class A CDL from Michigan.

Scott L. Shreffler

    Mr. Shreffler, 42, has had ITDM since 2001. His endocrinologist 
examined him in 2006 and certified that he has had no

[[Page 32181]]

hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 5 years; understands 
diabetes management and monitoring; and has stable control of his 
diabetes using insulin, and is able to drive a CMV safely. Mr. 
Shreffler meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His optometrist examined him in 2006 and certified that 
he does not have diabetic retinopathy. He holds a Class B CDL from 
Illinois.

Henry E. Sisler

    Mr. Sisler, 63, has had ITDM since 2004. His endocrinologist 
examined him in 2006 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Sisler meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from Virginia.

Vernon L. Small

    Mr. Small, 58, has had ITDM since 2004. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Small meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2005 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Colorado.

Sandra L. Smith

    Ms. Smith, 51, has had ITDM since 2001. Her endocrinologist 
examined her in 2006 and certified that she has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of her diabetes using 
insulin, and is able to drive a CMV safely. Ms. Smith meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
ophthalmologist examined her in 2006 and certified that she does not 
have diabetic retinopathy. She holds a Class D operator's license from 
South Carolina.

John J. Steigauf

    Mr. Steigauf, 46, has had ITDM since 2004. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Steigauf meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2005 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from Minnesota.

Walter D. Stowman

    Mr. Stowman, 48, has had ITDM since 1984. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Stowman meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2005 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class D auto driver's 
license from New Jersey.

Thomas C. Torbett

    Mr. Torbett, 32, has had ITDM since 1975. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Torbett meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2005 and certified that he does not have 
diabetic retinopathy. He holds a class E operator's license from 
Missouri.

Derrick Underhill, Sr.

    Mr. Underhill, 46, has had ITDM since 2003. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Underhill meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he does not 
have diabetic retinopathy. He holds a Class D operator's license from 
Connecticut.

Paul M. Violette

    Mr. Violette, 38, has had ITDM since 1999. His endocrinologist 
examined him in 2006 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Violette meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2005 and certified that he does not 
have diabetic retinopathy. He holds a Class 2 operator's license from 
Connecticut which qualifies him to drive any motor vehicle, including a 
recreational vehicle of any weight, except a commercial motor vehicle, 
an articulated vehicle, or combination of motor vehicle and trailer 
where the gross weight of the trailing unit or trailer is more than 
10,000 pounds.

Antonino S. Vita

    Mr. Vita, 40, has had ITDM since 2004. His endocrinologist examined 
him in 2006 and certified that he has had no hypoglycemic reactions 
resulting in loss of consciousness, requiring the assistance of another 
person, or resulting in impaired cognitive function that occurred 
without warning in the past 5 years; understands diabetes management 
and monitoring; and has stable control of his diabetes using insulin, 
and is able to drive a CMV

[[Page 32182]]

safely. Mr. Vita meets the requirements of the vision standard at 49 
CFR 391.41(b)(10). His ophthalmologist examined him in 2005 and 
certified that he does not have diabetic retinopathy. He holds a Class 
A CDL from New York.

Henry B. Walker-Waltz, III

    Mr. Walker-Waltz, 24, has had ITDM since 1995. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Walker-Waltz meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2005 and certified that he does not have 
diabetic retinopathy. He holds a Class C operator's license from 
Oregon.

Arthur C. Webber

    Mr. Webber, 52, has had ITDM since 2005. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Webber meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2005 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Scott A. Wertz

    Mr. Wertz, 39, has had ITDM since 1976. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Wertz meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2005 and certified that he has stable 
proliferative diabetic retinopathy. He holds a Class A CDL from North 
Dakota.

Larry D. Williams

    Mr. Williams, 63, has had ITDM since 2004. His endocrinologist 
examined him in 2005 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 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 2005 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Indiana.

Danny R. Wood

    Mr. Wood, 39, has had ITDM since 2005. His endocrinologist examined 
him in 2005 and certified that he has had no hypoglycemic reactions 
resulting in loss of consciousness, requiring the assistance of another 
person, or resulting in impaired cognitive function that occurred 
without warning in the past 5 years; understands diabetes management 
and monitoring; and has stable control of his diabetes using insulin, 
and is able to drive a CMV safely. Mr. Wood meets the requirements of 
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist 
examined him in 2005 and certified that he does not have diabetic 
retinopathy. He holds a Class B CDL from Missouri.

Jeffrey E. Zaniewski

    Mr. Zaniewski, 50, has had ITDM since 1999. His endocrinologist 
examined him in 2006 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Zaniewski meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2005 and certified that he does not have 
diabetic retinopathy. He holds a Class C operator's license from 
Nevada.

Request for Comments

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

    \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 in the Notice in the Federal Register 
on November 8, 2005 (70 FR 67777), remain in effect.

    Dated: May 26, 2006.
Pamela M. Pelcovits,
Acting Associate Administrator, Policy and Program Development.
 [FR Doc. E6-8587 Filed 6-1-06; 8:45 am]
BILLING CODE 4910-EX-P