[Federal Register Volume 71, Number 191 (Tuesday, October 3, 2006)]
[Notices]
[Pages 58464-58470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16276]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25751]


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-five 
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 November 2, 2006.

ADDRESSES: You may submit comments identified by Department of 
Transportation (DOT) Docket Management System (DMS) Docket Number 
FMCSA-2006-25751 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 under Regulatory Notices.

[[Page 58465]]

    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 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-
five 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

John N. Anderson

    Mr. Anderson, age 48, has had ITDM since 1986. 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. Anderson 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 D operator's license from 
Minnesota.

Federico G. Barajas

    Mr. Barajas, 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. Barajas 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 Commercial 
Driver's License (CDL) from California.

Carl E. Bassinger

    Mr. Bassinger, 58, 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. Bassinger meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Iowa.

Allan C. Boyum

    Mr. Boyum, 49, has had ITDM since 2000. 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. Boyum 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 
Minnesota.

Terry L. Brantley

    Mr. Brantley, 35, 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. Brantley 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 Carolina.

Steven E. Brechting

    Mr. Brechting, 49, 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. Brechting meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Michigan.

Matthew T. Brown

    Mr. Brown, 27, has had ITDM since 1991. 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. Brown meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist

[[Page 58466]]

examined him in 2006 and certified that he does not have diabetic 
retinopathy. He holds a Class B CDL from Florida.

James P. Campbell

    Mr. Campbell, 45, 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. Campbell 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 
Pennsylvania.

Scott A. Carlson

    Mr. Carlson, 35, 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. Carlson 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.

James F. Carroll

    Mr. Carroll, 50, 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. Carroll 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.

Joseph L. Coggins

    Mr. Coggins, 56, 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. Coggins 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 D operator's license from 
South Carolina.

Edward V. Coppinger

    Mr. Coppinger, 40, 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. Coppinger meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2006 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class C operator's 
license from Georgia.

Walter C. Evans

    Mr. Evans, 45, 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. Evans 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 Connecticut.

Michael H. Foley

    Mr. Foley, 34, 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. Foley 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 operator's license from North 
Dakota.

Lawrence S. Forcier

    Mr. Forcier, 41, has had ITDM since 1994. His endocrinologist 
examined him in 2006 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Forcier 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 2 operator's license from 
Connecticut, which qualifies him to drive any motor vehicle, except a 
commercial motor vehicle, an articulated vehicle, or combination of 
motor vehicle and trailer where the gross weight of the trailer is more 
than 10,000 pounds.

Stephanie D. Fry

    Ms. Fry, 34, has had ITDM since 1988. Her endocrinologist examined 
her in 2006 and certified that she has had no hypoglycemic reactions 
resulting in loss of consciousness, requiring the assistance of another 
person, or resulting in impaired cognitive function that occurred 
without warning in the past 5 years; understands diabetes management 
and monitoring; and has stable control of her diabetes using insulin, 
and is able to drive a CMV safely. Ms. Fry meets the requirements of 
the vision standard at 49 CFR 391.41(b)(10). Her optometrist examined 
her in 2006 and certified that she does not have diabetic retinopathy. 
She holds a Class B CDL from Wyoming.

Robert W. Gaultney, Jr.

    Mr. Gaultney, 47, 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

[[Page 58467]]

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

Marlin R. Hein

    Mr. Hein, 49, 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. Hein meets the requirements of 
the vision standard at 49 CFR 391.41(b)(10). His optometrist examined 
him in 2006 and certified that he does not have diabetic retinopathy. 
He holds a Class A CDL from Iowa.

Paul T. Kubish

    Mr. Kubish, 54, has had ITDM since 2002. His endocrinologist 
examined him in 2006 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Kubish 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.

Carolyn J. Lane

    Ms. Lane, 48, has had ITDM since 2002. 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. Lane meets the requirements of 
the vision standard at 49 CFR 391.41(b)(10). Her optometrist examined 
her in 2006 and certified that she does not have diabetic retinopathy. 
She holds a Class B CDL from Indiana.

Randall L. Lay

    Mr. Lay, 40, has had ITDM since 1983. 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. Lay 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 operator's license from Illinois.

David M. Levy

    Mr. Levy, 42, 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. Levy 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.

Shelton R. Lynch

    Mr. Lynch, 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. Lynch 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.

Sterling C. Madsen

    Mr. Madsen, 50, 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. Madsen 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 Utah.

Sterlon E. Martin

    Mr. Martin, 61, 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. Martin 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 
Virginia.

Bradley Monson

    Mr. Monson, 46, 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. Monson 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 Minnesota.

David F. Morin

    Mr. Morin, 47, 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

[[Page 58468]]

assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 5 years; understands 
diabetes management and monitoring; and has stable control of his 
diabetes using insulin, and is able to drive a CMV safely. Mr. Morin 
meets the requirements of the vision standard at 49 CFR 391.41(b)(10). 
His ophthalmologist examined him in 2005 and certified that he does not 
have diabetic retinopathy. He holds a Class C operator's license from 
California.

Jeffrey J. Morinelli

    Mr. Morinelli, 51, has had ITDM since 1963. 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; has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Morinelli 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 Nebraska.

Ronald D. Murphy

    Mr. Murphy, 48, 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; has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Murphy 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 West Virginia.

Michael S. Mundy

    Mr. Mundy, 33, has had ITDM since 1994. His endocrinologist 
examined him in 2006 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Mundy 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 C operator's license from 
Georgia.

Charles B. Page

    Mr. Page, 46, 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; has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Page 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 Pennsylvania.

John A. ReMaklus

    Mr. ReMaklus, 44, 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. ReMaklus 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 
Ohio.

Howard D. Rood

    Mr. Rood, 49, 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. Rood 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 Wisconsin.

Michael D. Schooler

    Mr. Schooler, 36, 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. Schooler 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 Kentucky.

Arthur L. Stapleton, Jr.

    Mr. Stapleton, 40, 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. Stapleton 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 Ohio.

Joseph R. Suits

    Mr. Suits, 31, has had ITDM since 1982. 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. Suits 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 Virginia.

Cory L. Swanson

    Mr. Swanson, 31, 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

[[Page 58469]]

that occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Swanson 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 Nebraska.

Jeffrey M. Thew

    Mr. Thew, 26, 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. Thew 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 Washington.

Mark A. Thompson

    Mr. Thompson, 29, 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. Thompson 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 
Arkansas.

Glenn R. Tyrrell

    Mr. Tyrrell, 32, has had ITDM since 1982. 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. Tyrrell 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 
Minnesota.

Barney J. Wade

    Mr. Wade, 42, 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. Wade was granted an exemption by 
FMCSA from the vision standard at 49 CFR 391.41(b)(10) on May 25, 2006. 
His optometrist examined him in 2005 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Mississippi.

Dennis D. Wade

    Mr. Wade, 51, has had ITDM since 1997. His endocrinologist examined 
him in 2006 and certified that he has had no hypoglycemic reactions 
resulting in loss of consciousness, requiring the assistance of another 
person, or resulting in impaired cognitive function that occurred 
without warning in the past 5 years; understands diabetes management 
and monitoring; and has stable control of his diabetes using insulin, 
and is able to drive a CMV safely. Mr. Wade meets the requirements of 
the vision standard at 49 CFR 391.41(b)(10). His optometrist examined 
him in 2006 and certified that he does not have diabetic retinopathy. 
He holds a Class A CDL from Illinois.

Donald L. Winslow

    Mr. Winslow, 39, 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. Winslow 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 Maine.

Eugene R. Whitaker

    Mr. Whitaker, 60, 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. Whitaker meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Illinois.

Richard A. Zellweger

    Mr. Zellweger, 60, 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. Zellweger meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2006 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Illinois.

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 date indicated earlier under dates in this 
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.
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    Section 4129 requires: (1) The elimination of the requirement for 
three

[[Page 58470]]

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

    Issued on: September 27, 2006.
Pamela M. Pelcovits,
Office Director, Policy, Plans, and Regulations.
 [FR Doc. E6-16276 Filed 10-2-06; 8:45 am]
BILLING CODE 4910-EX-P