
[Federal Register: September 9, 2008 (Volume 73, Number 175)]
[Notices]               
[Page 52451-52456]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se08-163]                         

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID. FMCSA-2008-0267]

 
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.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces receipt of applications from 39 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 October 9, 2008.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2008-0267 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-

[[Page 52452]]

addressed, stamped envelope or postcard or print the acknowledgment 
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19476). 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 39 
individuals listed in this notice have recently requested an exemption 
from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to 
drivers of CMVs in interstate commerce. Accordingly, the Agency will 
evaluate the qualifications of each applicant to determine whether 
granting the exemption will achieve the required level of safety 
mandated by the statutes.

Qualifications of Applicants

Joseph L. Bartolomei

    Mr. Bartolomei, 56, has had ITDM since 2008. His endocrinologist 
examined him in 2008 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. Bartolomei 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.

Michael B. Bennington, Sr.

    Mr. Bennington, 32, has had ITDM since 2007. His endocrinologist 
examined him in 2008 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. Bennington 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 Pennsylvania.

Keith A. Callahan

    Mr. Callahan, age 29, has had ITDM since 1995. His endocrinologist 
examined him in 2008 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. Callahan 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 Ohio.

John E. Coppedge

    Mr. Coppedge, 54, has had ITDM since 2005. His endocrinologist 
examined him in 2008 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. Coppedge 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 Colorado.

Roland D. Demers

    Mr. Demers, 55, has had ITDM since 1984. His endocrinologist 
examined him in 2008 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. Demers 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 New York.

Gary J. Drackert

    Mr. Drackert, 53, has had ITDM since 2008. His endocrinologist 
examined him in 2008 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. Drackert 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 Missouri.

Larry J. Eischens

    Mr. Eischens, 60, has had ITDM since 2008. His endocrinologist 
examined him in 2008 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. Eischens 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 South Dakota.

James L. Erviti

    Mr. Erviti, 59, has had ITDM since 2006. His endocrinologist 
examined him in 2008 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 52453]]

safely. Mr. Erviti 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 Massachusetts.

Richard C. Frost

    Mr. Frost, 56, has had ITDM since 2007. His endocrinologist 
examined him in 2008 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. Frost meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2008 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class B CDL from 
California.

Charles W. Garrison

    Mr. Garrison, 51, has had ITDM since 2007. His endocrinologist 
examined him in 2008 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. Garrison 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 C operator's license from 
Maryland.

Timothy W. Goforth

    Mr. Goforth, 52, has had ITDM since 2008. His endocrinologist 
examined him in 2008 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. Goforth meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2008 and certified that he as stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from 
Oregon.

Chad C. Gittings

    Mr. Gittings, 32, has had ITDM since 1995. His endocrinologist 
examined him in 2008 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. Gittings 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 C operator's license from 
Pennsylvania.

David J. Hanzl

    Mr. Hanzl, 38, has had ITDM since 1987. His endocrinologist 
examined him in 2008 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. Hanzl 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 D operator's license from 
New York.

John A. Hayes

    Mr. Hayes, 47, has had ITDM since 2003. His endocrinologist 
examined him in 2008 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. Hayes meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
ophthalmologist examined him in 2008 and certified that he has stable 
nonproliferative diabetic retinopathy. He holds a Class A CDL from New 
York.

Thomas R. Jones

    Mr. Jones, 39, has had ITDM since 2006. His endocrinologist 
examined him in 2008 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 2008 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Ohio.

David H. Keawe

    Mr. Keawe, 61, has had ITDM since 2007. His endocrinologist 
examined him in 2008 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. Keawe 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 Hawaii.

James G. Keesling

    Mr. Keesling, 60, has had ITDM since 2007. His endocrinologist 
examined him in 2008 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. Keesling 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 Indiana.

Chadwick A. Lang

    Mr. Lang, 34, has had ITDM since 1989. His endocrinologist examined 
him in 2008 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

[[Page 52454]]

stable control of his diabetes using insulin, and is able to drive a 
CMV safely. Mr. Lang meets the requirements of the vision standard at 
49 CFR 391.41(b)(10). His ophthalmologist examined him in 2008 and 
certified that he has stable proliferative diabetic retinopathy. He 
holds a Class A CDL from North Dakota.

Barry D. Langley

    Mr. Langley, 56, has had ITDM since 2006. His endocrinologist 
examined him in 2008 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. Langley 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 Virginia.

John M. Lyon

    Mr. Lyon, 60, has had ITDM since 2006. His endocrinologist examined 
him in 2008 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. Lyon meets the requirements of 
the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist 
examined him in 2008 and certified that he has stable nonproliferative 
diabetic retinopathy. He holds a Class A CDL from North Dakota.

Douglas S. Morical

    Mr. Morical, 36, has had ITDM since 2008. His endocrinologist 
examined him in 2008 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. Morical 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 C operator's license from 
Oregon.

Robert L. O'Neill

    Mr. O'Neill, 57, has had ITDM since 2007. His endocrinologist 
examined him in 2007 and certified that he has had no hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 5 years; understands diabetes 
management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. O'Neill 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 Nebraska.

Barry S. Neukum

    Mr. Neukum, 36, has had ITDM since 2003. His endocrinologist 
examined him in 2008 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. Neukum 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 C operator's license from 
Maryland.

Mark E. Peters

    Mr. Peters, 32, has had ITDM since 1989. His endocrinologist 
examined him in 2008 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. Peters 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 Massachusetts.

Brian M. Rossiter

    Mr. Rossiter, 25, has had ITDM since 1997. His endocrinologist 
examined him in 2008 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. Rossiter 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 C operator's license from 
Pennsylvania.

Roger M. Russell

    Mr. Russell, 54, has had ITDM since 2008. His endocrinologist 
examined him in 2008 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. Russell 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 D operator's license from 
Minnesota.

John G. Schaible, Jr.

    Mr. Schaible, 47, has had ITDM since 2007. His endocrinologist 
examined him in 2008 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. Schaible 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 New York.

Rory J. Seleman

    Mr. Seleman, 37, has had ITDM since 2005. His endocrinologist 
examined him in 2008 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

[[Page 52455]]

management and monitoring; and has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Seleman 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 D operator's license from 
Illinois.

Thomas P. Shergold

    Mr. Shergold, 52, has had ITDM since 2006. His endocrinologist 
examined him in 2008 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. Shergold 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 C operator's license from 
Georgia.

Kristopher R. Soto

    Mr. Soto, 25, has had ITDM since 2007. His endocrinologist examined 
him in 2008 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. Soto 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 Missouri.

Frank L. Tomlinson

    Mr. Tomlinson, 57, has had ITDM since 2005. His endocrinologist 
examined him in 2008 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. Tomlinson 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 Utah.

Eric D. Travland

    Mr. Travland, 37, has had ITDM since 1995. His endocrinologist 
examined him in 2008 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. Travland 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 C operator's license from 
North Carolina.

Ralph E. Vindittie

    Mr. Vindittie, 53, has had ITDM since 2007. His endocrinologist 
examined him in 2008 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. Vindittie 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 B CDL from New York.

James E. Waller, III

    Mr. Waller, 38, has had ITDM since 2005. His endocrinologist 
examined him in 2008 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. Waller 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 Georgia.

Chase M. Wells

    Mr. Wells, 37, has had ITDM since 1989. His endocrinologist 
examined him in 2008 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. Wells 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 B CDL from New York.

Laurie E. White

    Ms. White, 45, has had ITDM since 2007. Her endocrinologist 
examined her in 2008 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. White meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
ophthalmologist examined her in 2008 and certified that she does not 
have diabetic retinopathy. She holds a Class A CDL from New York.

Robert E. Williams

    Mr. Williams, 59, has had ITDM since 2003. His endocrinologist 
examined him in 2008 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. Williams 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 New York.

Craig E. Wolf

    Mr. Wolf, 52, has had ITDM since 2001. His endocrinologist examined 
him in 2008 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

[[Page 52456]]

stable control of his diabetes using insulin, and is able to drive a 
CMV safely. Mr. Wolf 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 Illinois.

Stephanie D. Wright

    Ms. Wright, 39, has had ITDM since 2008. Her endocrinologist 
examined her in 2008 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. Wright meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). Her 
optometrist examined her in 2008 and certified that she does not have 
diabetic retinopathy. She holds a Class B operator's license from North 
Carolina.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments received before 
the close of business on the closing date indicated in the dates 
section of the Notice.
    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 by the Notice in the Federal Register on November 8, 2005 (70 
FR 67777), remain in effect.

    Dated: September 3, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-20893 Filed 9-8-08; 8:45 am]

BILLING CODE 4910-EX-P
