[Federal Register Volume 73, Number 44 (Wednesday, March 5, 2008)]
[Notices]
[Pages 11982-11989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4191]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID FMCSA-2008-0009]


Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

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

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SUMMARY: FMCSA announces receipt of applications from 56 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 April 4, 2008.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2007-0009 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building, Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket ID for 
this Notice. Note that DOT posts all comments received without change 
to http://www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue, SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the 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 19477-78; Apr. 11, 2000). 
This information is also available at http://Docketinfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical 
Programs, (202) 366-4001, [email protected], 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 56 
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

Ryan N. Adams

    Mr. Adams, age 27, has had ITDM since 1994. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Adams meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that

[[Page 11983]]

he does not have diabetic retinopathy. He holds a Class C operator's 
license from California.

Clay B. Anderson

    Mr. Anderson, 33, has had ITDM since 2004. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Anderson meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that he does not have 
diabetic retinopathy. He holds a Class A Commercial Driver's License 
(CDL) from Illinois.

Michael B. Bessinger

    Mr. Bessinger, 45, has had ITDM since 2006. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Bessinger 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 Utah.

Douglas D. Brown

    Mr. Brown, 48, has had ITDM since 1996. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Brown meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2007 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class D operator's 
license from Wisconsin.

Kenneth T. Clark

    Mr. Clark, 46, has had ITDM since 1988. 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. Clark meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that he does not have 
diabetic retinopathy. He holds a Class C operator's license from 
California.

Joseph F. Colbert

    Mr. Colbert, 54, 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. Colbert meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2007 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Daniel E. Coufal

    Mr. Coufal, 52, 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. Coufal 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.

Stuart A. Dietz

    Mr. Dietz, 58, has had ITDM since 2004. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Dietz meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2007 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Kansas.

John J. Durrence

    Mr. Durrence, 56, 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. Durrence meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Georgia.

Michael B. Elzey

    Mr. Elzey, 49, 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. Elzey meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that he does not have 
diabetic retinopathy. He holds a Class C operator's license from 
Wyoming.

Candy C. Eubank

    Ms. Eubank, 40, has had ITDM since 1992. Her endocrinologist 
examined her in 2007 and certified that she has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of her diabetes using 
insulin, and is able to drive a CMV safely. Ms. Eubank meets the

[[Page 11984]]

requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
optometrist examined her in 2007 and certified that she does not have 
diabetic retinopathy. She holds an operator's license from Virginia.

Thomas S. Faucette, Jr.

    Mr. Faucette, 48, 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. Faucette 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 North Carolina.

Earl S. Fibish

    Mr. Fibish, 52, has had ITDM since 1977. 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. Fibish meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2007 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class B CDL from 
Colorado.

Stanley R. Folkerts

    Mr. Folkerts, 51, has had ITDM since 2004. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Folkerts meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2007 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from Minnesota.

Timothy L. Gahring

    Mr. Gahring, 42, has had ITDM since 2004. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Gahring meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2007 and certified that he does not 
have diabetic retinopathy. He holds a Class C operator's license from 
Georgia.

Donald W. Giesbrecht

    Mr. Giesbrecht, 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. Giesbrecht meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Oregon.

Todd W. Gillespie

    Mr. Gillespie, 39, 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. Gillespie meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from New York.

Stephen W. Golden

    Mr. Golden, 41, has had ITDM since 2005. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Golden meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2007 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class 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.

Richard E. Grunden

    Mr. Grunden, 44, 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. Grunden meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Indiana.

Jack L. Guffey

    Mr. Guffey, 68, has had ITDM since 2005. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Guffey meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2007 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
South Dakota.

Mark Hall

    Mr. Hall, 49, 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

[[Page 11985]]

resulting in impaired cognitive function that occurred without warning 
in the past 5 years; understands diabetes management and monitoring; 
and has stable control of his diabetes using insulin, and is able to 
drive a CMV safely. Mr. Hall meets the requirements of the vision 
standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2007 
and certified that he does not have diabetic retinopathy. He holds a 
Class B CDL from New Jersey.

Teresa M. Hansen

    Ms. Hansen, 41, has had ITDM since 2004. Her endocrinologist 
examined her in 2007 and certified that she has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of her diabetes using 
insulin, and is able to drive a CMV safely. Ms. Hansen meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
optometrist examined her in 2007 and certified that she does not have 
diabetic retinopathy. She holds a Class 2 operator's license from 
Connecticut, which qualifies her 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.

Jason A. Henry

    Mr. Henry, 35, 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. Henry meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2007 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from Ohio.

Michael B. Heuett

    Mr. Heuett, 40, has had ITDM since 2003. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Heuett meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Idaho.

John M. Hickey

    Mr. Hickey, 68, has had ITDM since 2006. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Hickey meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Minnesota.

Joe Ibarra

    Mr. Ibarra, 47, has had ITDM since 1999. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Ibarra meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2007 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class C operator's 
license from California.

Anthony L. Lambert

    Mr. Lambert, 58, has had ITDM since 2002. 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. Lambert meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that he does not have 
diabetic retinopathy. He holds a Class D operator's license from 
Alabama.

Paul F. Lanich

    Mr. Lanich, 60, 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. Lanich meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Ronald M. Lavallee

    Mr. Lavallee, 42, has had ITDM since 1970. 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. Lavallee 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 D operator's license from 
Massachusetts.

Eric R. Ledvina

    Mr. Ledvina, 24, has had ITDM since 2005. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Ledvina meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that he does not have 
diabetic retinopathy. He holds a Class D operator's license from 
Wisconsin.

[[Page 11986]]

Kenneth L. Lefeld

    Mr. Lefeld, 47, has had ITDM since 1990. 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. Lefeld meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Ohio.

Steven J. Leite

    Mr. Leite, 61, has had ITDM since 1974. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Leite meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2007 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Minnesota.

Daryl G. Lewis

    Mr. Lewis, 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. Lewis meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Texas.

George A. Lucietto

    Mr. Lucietto, 59, has had ITDM since 1989. 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. Lucietto meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2007 and certified that he has stable 
proliferative diabetic retinopathy. He holds a Class B CDL from 
Florida.

Robert A. Manning

    Mr. Manning, 41, has had ITDM since 1987. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Manning 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 Illinois.

Ottis N. McCoy

    Mr. McCoy, 27, has had ITDM since 2006. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. McCoy meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that he does not have 
diabetic retinopathy. He holds a Class D operator's license from 
Florida.

Joseph G. McDonald

    Mr. McDonald, 47, has had ITDM since 2005. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. McDonald meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2007 and certified that he does not 
have diabetic retinopathy. He holds a Class B CDL from Maryland.

Richard L. McDonald

    Mr. McDonald, 37, has had ITDM since 2004. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. McDonald meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Alabama.

David D. Millard, Jr.

    Mr. Millard, 43, has had ITDM since 2006. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Millard meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2007 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Virginia.

Raymond E. Miller

    Mr. Miller, 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. Miller 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 South Dakota.

[[Page 11987]]

Victor E. Millwood

    Mr. Millwood, 41, has had ITDM since 1982. 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. Millwood meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that he does not have 
diabetic retinopathy. He holds a Class C CDL from Alabama.

Walter G. Minshall, II

    Mr. Minshall, 46, has had ITDM since 1996. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Minshall meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2007 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Colorado.

Alan J. Mitchell

    Mr. Mitchell, 48, has had ITDM since 2001. 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. Mitchell 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 Delaware.

Raymond P. Mora, Sr.

    Mr. Mora, 51, has had ITDM since 2005. His endocrinologist examined 
him in 2007 and certified that he has had no hypoglycemic reactions 
resulting in loss of consciousness, requiring the assistance of another 
person, or resulting in impaired cognitive function that occurred 
without warning in the past 5 years; understands diabetes management 
and monitoring; and has stable control of his diabetes using insulin, 
and is able to drive a CMV safely. Mr. Mora 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 D operator's license from Arizona.

John M. Murray

    Mr. Murray, 35, has had ITDM since 1974. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Murray meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that he does not have 
diabetic retinopathy. He holds a Class C CDL from New Jersey.

John R. Pile

    Mr. Pile, 51, has had ITDM since 1958. 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. Pile meets the requirements of 
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist 
examined him in 2007 and certified that he has stable nonproliferative 
diabetic retinopathy. He holds a Class B CDL from Indiana.

Forest T. Porter

    Mr. Porter, 46, has had ITDM since 2001. 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. Porter meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Massachusetts.

John Rubillo

    Mr. Rubillo, 58, has had ITDM since 1995. 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. Rubillo meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that he does not have 
diabetic retinopathy. He holds a Class B CDL from Pennsylvania.

Jason E. Sanders

    Mr. Sanders, 35, has had ITDM since 2006. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Sanders 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 D operator's license from 
Ohio.

Christopher D. Singleton

    Mr. Singleton, 48, 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. Singleton 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

[[Page 11988]]

diabetic retinopathy. He holds a Class A CDL from Missouri.

Brian Slover

    Mr. Slover, 31, has had ITDM since 1991. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Slover 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 D operator's license from 
Ohio.

Steven T. Slowey

    Mr. Slowey, 48, has had ITDM since 1992. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Slowey 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 D operator's license from 
Massachusetts.

Jacob A. Small

    Mr. Small, 51, 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. Small meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from New Jersey.

Richard S. Synakowski

    Mr. Synakowski, 46, 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. Synakowski meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2007 and certified that he does not 
have diabetic retinopathy. He holds a Class A CDL from New York.

Sabrina F. Thomas

    Ms. Thomas, 36, has had ITDM since 2007. Her endocrinologist 
examined her in 2007 and certified that she has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of her diabetes using 
insulin, and is able to drive a CMV safely. Ms. Thomas meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
optometrist examined her in 2007 and certified that she does not have 
diabetic retinopathy. She holds a Class C operator's license from 
Pennsylvania.

Scott D. Wimer

    Mr. Wimer, 43, has had ITDM since 1973. 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. Wimer meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2007 and certified that he does not have 
diabetic retinopathy. He holds a Class D operator's license from 
Oklahoma.

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.
    On October 19, 2007, FMCSA published in a notice of final 
disposition that the Agency was unable to make a final determination 
regarding Mr. Ronald C. Vertucci, Jr.'s application for a Federal 
diabetes exemption until additional medical information was submitted. 
The Agency has received and reviewed this information and has made a 
decision to grant Mr. Vertucci the exemption.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible 
and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-
LU) requires the Secretary to revise its diabetes exemption program 
established on September 3, 2003 (68 FR 52441).\1\ The revision must 
provide for individual assessment of drivers with diabetes mellitus, 
and be consistent with the criteria described in section 4018 of the 
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
---------------------------------------------------------------------------

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

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


[[Page 11989]]


    Dated: February 26, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E8-4191 Filed 3-4-08; 8:45 am]
BILLING CODE 4910-EX-P