[Federal Register: December 13, 2006 (Volume 71, Number 239)]
[Notices]
[Page 74986-74993]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13de06-97]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2006-26321]
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 66 individuals
for exemptions from the prohibition against persons with insulin-
treated diabetes mellitus (ITDM) operating commercial motor vehicles
(CMVs) in interstate commerce. If granted, the exemptions would enable
these individuals with ITDM to operate commercial motor vehicles in
interstate commerce.
DATES: Comments must be received on or before January 12, 2007.
ADDRESSES: You may submit comments identified by Department of
Transportation (DOT) Docket Management System (DMS) Docket Number
FMCSA-2006-26321 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.
To read background documents or comments received, go to http://dms.dot.gov
or to 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.
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, maggi.gunnels@dot.gov, 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 66
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
Louis T. Aceto
Mr. Aceto, age 59, 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. Aceto 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 Pennsylvania.
James D. Barton
Mr. Barton, 64, 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. Barton 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 North Carolina.
Lawrence H. Behrens
Mr. Behrens, 53, 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. Behrens 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 Illinois.
[[Page 74987]]
Joel L. Bogenrief
Mr. Bogenrief, 28, 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. Bogenrief 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 B CDL from
Iowa.
Timothy W. Brogan
Mr. Brogan, 22, 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. Brogan 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
California.
Eddy B. Brown
Mr. Brown, 48, has had ITDM since 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. Brown 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 North Carolina.
Kenneth E. Buck
Mr. Buck, 58, 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. Buck 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 Vermont.
Carolynda Cain
Ms. Cain, 53, has had ITDM since 2004. 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. Cain 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 B CDL from Indiana.
Roy B. Carter
Mr. Carter, 41, 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. Carter 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.
Bradley D. Case
Mr. Case, 51, 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. Case 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 Indiana.
Jonathan M. Cleek
Mr. Cleek, 24, 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. Cleek 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
West Virginia.
David D. Collart
Mr. Collart, 42, has had ITDM since 1990. 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. Collart 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 an operator's license
from Washington.
Donald L. Cowan
Mr. Cowan, 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. Cowan 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.
[[Page 74988]]
He holds a Class D operator's license from Ohio.
Michael J. Drake
Mr. Drake, 51, 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. Drake meets the
requirements of the vision standard at 49 CFR 91.41(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.
Thomas D. Dyke
Mr. Dyke, 62, 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. Dyke 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 Kansas.
Glenn D. Folkers
Mr. Folkers, 40, 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. Folkers 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 Nevada.
Anthony L. Gentry
Mr. Gentry, 35, 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. Gentry 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.
Howard L. Gocke
Mr. Gocke, 58, 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. Gocke 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.
James S. Goldman
Mr. Goldman, 57, 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. Goldman 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 Pennsylvania.
Carol D. Hardin
Ms. Hardin, 57, has had ITDM since 2000. 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. Hardin meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2005 and certified that she does not have
diabetic retinopathy. She holds a Class B CDL from Mississippi.
Jerry Hardy
Mr. Hardy, 54, has had ITDM since 1992. 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. Hardy 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
Illinois.
Michael T. Hartley
Mr. Hartley, 50, 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. Hartley 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 Kentucky.
David A. Heider
Mr. Heider, 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. Heider 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.
[[Page 74989]]
He holds a Class A CDL from Wisconsin.
John A. Helm
Mr. Helm, 48, 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. Helm 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 operator's license from Illinois.
John A. Herbert
Mr. Herbert, 51, 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. Herbert 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 does not
have diabetic retinopathy. He holds a Class A CDL from New Jersey.
Lester H. Hughes
Mr. Hughes, 46, has had ITDM since 1996. 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. Hughes 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 Virginia.
Gayle E. Jones
Mr. Jones, 29, 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. Jones 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.
Gerald P. Kargus
Mr. Kargus, 53, 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. Kargus 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 D operator's license from
Wisconsin.
Christopher A. Knott
Mr. Knott, 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. Knott 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 Minnesota.
Norman L. Krietemeyer
Mr. Krietemeyer, 60, 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. Krietemeyer 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 B CDL from
Indiana.
Jerome A. Krupka
Mr. Krupka, 62, has had ITDM since 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. Krupka 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 B CDL from
Wisconsin.
James A. Kunkel
Mr. Kunkel, 31, 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. Kunkel 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 Minnesota.
Mark W. Lavorini
Mr. Lavorini, 35, has had ITDM since 1978. 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. Lavorini meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006
[[Page 74990]]
and certified that he has stable nonproliferative diabetic retinopathy.
He holds a Class C operator's license from Pennsylvania.
Jeffrey C. Link
Mr. Link, 23, 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. Link 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 D operator's license from South Carolina.
Londell W. Luther
Mr. Luther, 27, has had ITDM since 1990. 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. Luther 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.
Harry E. Marsh
Mr. Marsh, 59, has had ITDM since 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. Marsh 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
Ohio.
Mr. McMasters, 49, has had ITDM since 1974. 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. McMasters 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 Indiana.
George R. McMullen
Mr. McMullen, 65, has had ITDM since 1996. 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. McMullen 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 Minnesota.
James B. Morris
Mr. Morris, 62, 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. Morris 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.
Bradley S. Mowdy
Mr. Mowdy, 48, 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. Mowdy 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
California.
James R. Murphy
Mr. Murphy, 61, 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; 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 B CDL from Colorado.
Ronald W. Nelson
Mr. Nelson, 52, 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. Nelson 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 Minnesota.
Vincent A. Palumbo
Mr. Palumbo, 52, 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. Palumbo meets the
[[Page 74991]]
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 operator's
license from New York.
Kent E. Pelkey
Mr. Pelkey, 42, has had ITDM since 1979. 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. Pelkey 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 Maine.
Keith E. Peterson
Mr. Peterson, 36, has had ITDM since 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. Peterson 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 North Dakota.
Victor C. Port
Mr. Port, 45, has had ITDM since 1974. 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. Port 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 North Dakota.
Lee F. Powell
Mr. Powell, 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. Powell 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 Massachusetts.
Allen W. Quon
Mr. Quon, 44, has had ITDM since 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. Quon 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 Maryland.
Armand O. Rondeau
Mr. Rondeau, 65, 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. Rondeau 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 B CDL from
Massachusetts.
Carl J. Satariano
Mr. Satariano, 59, 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. Satariano 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 California.
Randall W. Skaggs
Mr. Skaggs, 47, 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. Skaggs 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 Kentucky.
Louis L. Sorenson
Mr. Sorenson, 48, has had ITDM since 1996. 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. Sorenson 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
Minnesota.
James L. Spencer
Mr. Spencer, 53, has had ITDM since 1973. 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. Spencer meets the
[[Page 74992]]
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 Delaware.
Ronald D. Stewart
Mr. Stewart, 51, 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. Stewart 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 Tennessee.
Andy L. Strommenger
Mr. Strommenger, 29, has had ITDM since 1987. 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. Strommenger 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 Colorado.
Richard J. Symonies, Sr.
Mr. Symonies, 59, 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. Symonies 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 Pennsylvania.
Douglas K. Thompson
Mr. Thompson, 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. 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 has does not
have diabetic retinopathy. He holds a class O operator's license from
Michigan.
Richard L. Thompson
Mr. Thompson, 54, has had ITDM since 1984. 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. 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 B CDL from North Dakota.
James L. Tjon
Mr. Tjon, 52, has had ITDM since 1968. 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. Tjon 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 Minnesota.
Lowell T. Tucker
Mr. Tucker, 69, 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. Tucker 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 Kansas.
Shawn P. Wathley
Mr. Wathley, 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. Wathley 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 Connecticut.
John P. Westbay
Mr. Westbay, 48, has had ITDM since 1987. 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. Westbay meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmogist examined him in 2006 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from New York.
John M. White
Mr. White, 50, has had ITDM since 1981. 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 74993]]
safely. Mr. White 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 O operator's license from Nebraska, which allows him
drive any non-commercial vehicle except a motorcycle.
Jeffrey M. Wood
Mr. Wood, 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. Wood 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 Illinois.
Christopher T. Worsley
Mr. Worsley, 29, 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. Worsley 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 Massachusetts.
Fredrick J. Young
Mr. Young, 37, 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. Young 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 Virginia.
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.
Issued on: December 5, 2006.
Rose A. McMurry,
Associate Administrator, Policy and Program Development.
[FR Doc. E6-21136 Filed 12-12-06; 8:45 am]
BILLING CODE 4910-EX-P