
[Federal Register: March 31, 2008 (Volume 73, Number 62)]
[Notices]
[Page 16946-16950]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr08-131]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID. FMCSA-2008-0071]


Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

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

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SUMMARY: FMCSA announces receipt of applications from 29 individuals
for exemptions from the prohibition against persons with insulin-
treated diabetes mellitus (ITDM) operating commercial motor vehicles
(CMVs) in interstate commerce. If granted, the exemptions would enable
these individuals with ITDM to operate commercial motor vehicles in
interstate commerce.

DATES: Comments must be received on or before April 30, 2008.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2008-0071 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket ID for
this Notice. Note that DOT posts all comments received without change
to http://www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the 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 19477-78; Apr. 11, 2000).
This information is also available at http://Docketinfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption.'' The statutes also allow the
Agency to renew exemptions at the end of the 2-year period. The 29
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

[[Page 16947]]

exemption will achieve the required level of safety mandated by the
statutes.

Qualifications of Applicants

Gary D. Coonfield

    Mr. Coonfield, age 45, 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. Coonfield meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2007 and certified that he does not have
diabetic retinopathy. He holds a Class A Commercial Driver's License
(CDL) from Wisconsin.

Edward F. Connole

    Mr. Connole, 53, has had ITDM since 2007. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Connole meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Massachusetts.

Jason C. Daily

    Mr. Daily, 37, has had ITDM since 1990. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Daily 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 New
Hampshire.

Mark B. Demmer

    Mr. Demmer, 44, 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. Demmer 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 Washington.

Francis W. Devine

    Mr. Devine, 66, has had ITDM since 2007. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Devine meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2007 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from New Jersey.

Paul W. Dietz

    Mr. Dietz, 45, has had ITDM since 2007. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Dietz meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2007 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Harold W. Goodwill

    Mr. Goodwill, 50, 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. Goodwill 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 Pennsylvania.

Shannon D. Hanson

    Mr. Hanson, 37, has had ITDM since 1975. 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. Hanson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
South Dakota.

Craig A. Hendrickson

    Mr. Hendrickson, 39, has had ITDM since 2007. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hendrickson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2007 and certified that he does not have
diabetic retinopathy. He holds a Class D operator's license from
Illinois.

Michael T. Johnson

    Mr. Johnson, 34, has had ITDM since 1992. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using

[[Page 16948]]

insulin, and is able to drive a CMV safely. Mr. Johnson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he does not
have diabetic retinopathy. He holds a Class D operator's license from
Minnesota.

Michael K. Limberg

    Mr. Limberg, 54, has had ITDM since 1973. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Limberg meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he has stable
proliferative and nonproliferative diabetic retinopathy. He holds a
Class O operator's license from Nebraska, which allows him to drive any
non-commercial vehicle except motorcycles.

Maurice R. McGill, Jr.

    Mr. McGill, 53, has had ITDM since 2001. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. McGill 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
Pennsylvania.

Aundra Menefield

    Mr. Menefield, 50, has had ITDM since 2001. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Menefield meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he does not
have diabetic retinopathy. He holds a Class D operator's license from
Mississippi.

Charles E. Murphy

    Mr. Murphy, 46, has had ITDM since 2001. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Murphy meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2007 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Ohio.

Eric B. Pies

    Mr. Pies, 44, has had ITDM since 1985. 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. Pies meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2007 and certified that he has stable nonproliferative
diabetic retinopathy. He holds a Class C operator's license from
Oregon.

Douglas G. Puckett

    Mr. Puckett, 65, 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. Puckett 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 Virginia.

Eric A. Quisling

    Mr. Quisling, 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. Quisling 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 Iowa.

James T. Rothwell

    Mr. Rothwell, 38, has had ITDM since 1984. 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. Rothwell 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 Tennessee.

Bob L. Rumble

    Mr. Rumble, 61, 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. Rumble meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2007 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Idaho.

Larry D. Schweisberger

    Mr. Schweisberger, 55, has had ITDM since 2001. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another

[[Page 16949]]

person, or 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. Schweisberger meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Missouri.

Randy A. Shannon

    Mr. Shannon, 44, 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. Shannon meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Montana.

Dalton T. Smith, Jr.

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

Kim M. Stickelmeyer

    Ms. Stickelmeyer, 53, has had ITDM since 2007. Her endocrinologist
examined her 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 her diabetes using
insulin, and is able to drive a CMV safely. Ms. Stickelmeyer meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2007 and certified that she does not have
diabetic retinopathy. She holds a Class A CDL from Washington.

Marvin D. Webster

    Mr. Webster, 44, 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. Webster 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 Kentucky.

Harold A. Wendt

    Mr. Wendt, 72, 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. Wendt 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 operator's license from
Minnesota.

Donald D. Willard

    Mr. Willard, 62, has had ITDM since 1982. His endocrinologist
examined him in 2007 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Willard 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 Iowa.

Anthony O. Wilson

    Mr. Wilson, 45, has had ITDM since 1985. 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. Wilson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2007 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Georgia.

Travis S. Wolfe

    Mr. Wolfe, 26, 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. Wolfe meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from West Virginia.

Jason J. Wolff

    Mr. Wolff, 34, has had ITDM since 1983. 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. Wolff meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2007 and certified that he does not
have diabetic retinopathy. He holds a Class D operator's license from
Minnesota.

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

[[Page 16950]]

business on the closing date indicated in the dates section of 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).
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    \1\ Section 4129(a) refers to the 2003 Notice as a ``final
rule.'' However, the 2003 Notice did not issue a ``final rule'' but
did establish the procedures and standards for issuing exemptions
for drivers with ITDM.
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    Section 4129 requires: (1) The elimination of the requirement for
three years of experience operating CMVs while being treated with
insulin; and (2) the establishment of a specified minimum period of
insulin use to demonstrate stable control of diabetes before being
allowed to operate a CMV.
    In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 Notice.
FMCSA discontinued use of the 3-year driving experience and fulfilled
the requirements of section 4129 while continuing to ensure that
operation of CMVs by drivers with ITDM will achieve the requisite level
of safety required of all exemptions granted under 49 USC. 31136 (e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs
with ITDM are not held to a higher standard than other drivers, with
the exception of limited operating, monitoring and medical requirements
that are deemed medically necessary. FMCSA concluded that all of the
operating, monitoring and medical requirements set out in the September
3, 2003 Notice, except as modified, were in compliance with section
4129(d). Therefore, all of the requirements set out in the September 3,
2003 Notice, except as modified by the Notice in the Federal Register
on November 8, 2005 (70 FR 67777), remain in effect.
    The Agency announces a correction regarding Jonathan B. Estridge, a
Federal diabetes exemption applicant who was first published in a
notice for comments on February 1, 2008 (73 FR 6251). There were no
comments to the docket regarding granting him an exemption but he was
omitted from the notice of final disposition that was published on
March 12, 2008. Therefore, he will be granted an exemption with an
effective date of March 12, 2008.

    Dated: March 21, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-6478 Filed 3-28-08; 8:45 am]

BILLING CODE 4910-EX-P
