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[Federal Register: May 16, 2007 (Volume 72, Number 94)]
[Notices]
[Page 27625-27632]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16my07-131]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2007-27387]
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 57 individuals
for exemptions from the prohibition against persons with insulin-
treated diabetes mellitus (ITDM) operating commercial motor vehicles
(CMVs) in interstate commerce. If granted, the exemptions would enable
these individuals with ITDM to operate CMVs in interstate commerce.
DATES: Comments must be received on or before June 15, 2007.
ADDRESSES: You may submit comments identified by Department of
Transportation (DOT) Docket Management System (DMS) Docket Number
FMCSA-2007-27387 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, fmcsamedical@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 57
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
Darrell L. Allen
Mr. Allen, age 37, 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. Allen 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 Commercial Driver's License
(CDL) from Missouri.
Jeffery C. Badberg
Mr. Badberg, 31, has had ITDM since 1980. 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. Badberg 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 operate any non-commercial
vehicle except motorcycles.
Kevin W. Bender
Mr. Bender, 23, 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. Bender 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
New York.
Karry J. Benfiet
Mr. Benfiet, 54, 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. Benfiet 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 North Dakota.
Ronnie T. Bledsoe
Mr. Bledsoe, 37, has had ITDM since 1986. 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. Bledsoe 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 North
Carolina.
Ricky N. Blankenship
Mr. Blankenship, 48, 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. Blankenship 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
Utah.
Kevin E. Blythe
Mr. Blythe, 46, has had ITDM since 1989. 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. Blythe 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
Arkansas.
Clayton J. Bragg
Mr. Bragg, 30, has had ITDM since 1989. 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. Bragg 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 Indiana, which allows him to drive any vehicle with a gross
vehicle weight rating of 16,000 pounds or less, except motorcycles.
James A. Broderick
Mr. Broderick, 69, has had ITDM since 1970. 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. Broderick 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 Montana.
Clifford O. Bull
Mr. Bull, 36, has had ITDM since 1995. His endocrinologist examined
him in 2006 and certified that he has had no hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning in the past 5 years; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Bull 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.
Richard M. Carey
Mr. Carey, 46, 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. Carey 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 C operator's license from
North Carolina.
Cary W. Chase
Mr. Chase, 38, 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. Chase 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.
Robert L. Chestnut
Mr. Chestnut, 68, 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. Chestnut 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
Pennsylvania.
Dino J. Coli, Jr.
Mr. Coli, 53, 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. Coli 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
Oregon.
Larry E. Colson
Mr. Colson, 45, 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. Colson 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 Colorado.
Elijah N. Craft
Mr. Craft, 66, 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. Craft 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.
Leonard Cunningham
Mr. Cunningham, 56, has had ITDM since 2005. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Cunningham 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 operator's license from
Maryland, which allows him to drive non-commercial vehicles and
combinations weighing 26,001 or more pounds gross vehicle weight,
except tractors, trailers, etc.
LaVerne A. DeChausse
Mr. DeChausse, 49, 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. DeChausse meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2006 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Illinois.
Jason E. Earlywine
Mr. Earlywine, 32, has had ITDM since 1976. 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. Earlywine 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
Kentucky.
Eddie L. Edwards
Mr. Edwards, 51, 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. Edwards meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2006 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Illinois.
Leroy Finn
Mr. Finn, 66, 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. Finn 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 Illinois.
John E. Fitch
Mr. Fitch, 52, has had ITDM since 1993. 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. Fitch 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 Michigan.
Steven L. Garland
Mr. Garland, 57, has had ITDM since childhood. 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. Garland 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 E operator's
license from Missouri, which allows him to drive any non-commercial
combination of motor vehicles with a gross vehicle weight less than
26,001 pounds.
William J. Gerlach
Mr. Gerlach, 66, 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. Gerlach 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.
Anthony Giulitto
Mr. Giulitto, 38, 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. Giulitto 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 Arizona.
Francis J. Godwin
Mr. Godwin, 43, 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 [[Page 27629]] resulting in impaired cognitive function that occurred without warning
in the past 5 years; understands diabetes management and monitoring;
and has stable control of his diabetes using insulin, and is able to
drive a CMV safely. Mr. Godwin meets the requirements of the vision
standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in
2006 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from New York.
Ricky A. Goss
Mr. Goss, 51, 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. Goss 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 Ohio.
Robert J. Guilford
Mr. Guilford, 25, 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. Guilford 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 New York.
Lucas C. Hansen
Mr. Hansen, 29, 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. Hansen 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.
Ryan R. Harris
Mr. Harris, 30, 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. Harris 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.
Dale R. Hass
Mr. Hass, 56, 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. Hass 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 Wisconsin.
Robert P. Haught
Mr. Haught, 38, 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 safely. Mr. Haught 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
proliferative diabetic retinopathy. He holds a Class O operator's
license from Michigan, which allows him to operate any motor vehicle
except motorcycles and CMVs.
Troy O. Heathcock
Mr. Heathcock, 64, 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. Heathcock 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
Michigan.
Mark E. Hogmire
Mr. Hogmire, 42, has had ITDM since 1993. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hogmire 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 M operator's license from
Virginia.
Matthew P. Horner
Mr. Horner, 31, 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. Horner 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.
Scott D. Leland
Mr. Leland, 45, has had ITDM since 1972. His endocrinologist
examined him [[Page 27630]] 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. Leland 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 Arizona.
Dennis R. Mace
Mr. Mace, 61 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. Mace 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.
Elizabeth A. Marsh
Ms. Marsh, 55, has had ITDM since 2006. 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. Marsh meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2006 and certified that she does not have
diabetic retinopathy. She holds a Class A CDL from Alabama.
Peggy A. Myers
Ms. Myers, 39, has had ITDM since 1988. Her endocrinologist
examined her in 2006 and certified that she has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Myers meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2006 and certified that she does not have
diabetic retinopathy. She holds an operator's license from Indiana,
which allows her to drive any vehicle with a gross vehicle weight
rating of 16,000 pounds or less, except motorcycles.
Frank C. Perrin
Mr. Perrin, 37, 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. Perrin meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2006 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Iowa.
Herbert A. Pierce
Mr. Pierce, 40, has had ITDM since 2000. 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. Pierce 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 Ohio.
Douglas F. Reinke
Mr. Reinke, 55, 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. Reinke 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
Wisconsin.
Carlos Rosa
Mr. Rosa, 43, has had ITDM since 2003. His endocrinologist examined
him in 2006 and certified that he has had no hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning in the past 5 years; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Rosa 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 Connecticut.
Nicholas F. Santacroce
Mr. Santacroce, 46, 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. Santacroce 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 Massachusetts.
Timothy S. Seitz
Mr. Seitz, 51, 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. Seitz 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 [[Page 27631]]
not have diabetic retinopathy. He holds a Class A CDL from Indiana.
Steven J. Shaw
Mr. Shaw, 24, 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. Shaw 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 Idaho.
Donna B. Shehan
Ms. Shehan, 39, has had ITDM since 2006. 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. Shehan meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
ophthalmologist examined her in 2006 and certified that she does not
have diabetic retinopathy. She holds a Class D CDL from South Carolina.
Kenneth J. Shifton
Mr. Shifton, 56, has had ITDM since February, 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. Shifton
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 Oregon.
Rick G. Skonberg
Mr. Skonberg, 52, has had ITDM since 1995. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Skonberg 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
Alaska.
Stephanie B. Smith
Ms. Smith, 39, has had ITDM since 2006. Her endocrinologist
examined her in 2006 and certified that she has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Smith meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
ophthalmologist examined her in 2006 and certified that she does not
have diabetic retinopathy. She holds a Class B CDL from Washington.
Earl C. Smouse
Mr. Smouse, 49, 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. Smouse 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 Texas.
Randall J. Stoller
Mr. Stoller, 50, 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. Stoller meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2006 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Illinois.
Peter A. Storm
Mr. Storm, 30, 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. Storm 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 chauffeur's license from
Louisiana.
Robert H. Thompson, Jr.
Mr. Thompson, 38, 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. Thompson 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 E operator's license from
Louisiana, which allows him to operate any single motor vehicle under
10,000 pounds gross vehicle weight, any personal use recreational
vehicle, and farm vehicles controlled and operated by a farmer.
Robert D. Toland
Mr. Toland, 50, has had ITDM since 1995. His endocrinologist
examined him in 2006 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV [[Page 27632]] safely. Mr. Toland 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 Illinois.
Mark A. Webber
Mr. Webber, 46, 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. Webber 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
Minnesota.
Jeffrey A. Withers
Mr. Withers, 39, 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. Withers meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2006 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Michigan.
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: May 9, 2007.
Pamela M. Pelcovits,
Acting Associate Administrator, Policy and Program Development.
[FR Doc. E7-9339 Filed 5-15-07; 8:45 am]
BILLING CODE 4910-EX-P
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