
[Federal Register: August 27, 2010 (Volume 75, Number 166)]
[Notices]               
[Page 52813-52818]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au10-115]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0247]

 
Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

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

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SUMMARY: FMCSA announces receipt of applications from 35 individuals 
for exemption 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 September 27, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2010-0247 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the on-line instructions for submitting 
comments.

[[Page 52814]]

     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.
    Instructions: Each submission must include the Agency name and the 
docket number for this notice. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    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 Federal Docket Management System (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 DOT's Privacy Act Statement for the FDMS published in 
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit 
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

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 
from the Federal Motor Carrier Safety Regulations 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 35 individuals 
listed in this notice have recently requested such 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

Eric A. Anderson

    Mr. Anderson, age 43, has had ITDM since 2008. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Anderson meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His optometrist examined him in 2010 and certified that 
he does not have diabetic retinopathy. He holds a Class A Commercial 
Driver's License (CDL) from North Dakota.

Leslie R. Auger

    Mr. Auger, 52, has had ITDM since 2009. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Auger meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His optometrist examined him in 2010 and certified that 
he does not have diabetic retinopathy. He holds a Class A CDL from 
Missouri.

Charlie L. Beach

    Mr. Beach, 57, has had ITDM since 2009. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Beach meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His optometrist examined him in 2010 and certified that 
he does not have diabetic retinopathy. He holds a Class B CDL from 
Georgia.

James R. Beals

    Mr. Beals, 52, has had ITDM since 2006. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Beals meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His optometrist examined him in 2010 and certified that 
he does not have diabetic retinopathy. He holds a Class B CDL from 
Pennsylvania.

Craig G. Benson

    Mr. Benson, 47, has had ITDM since 1981. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Benson meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His optometrist examined him in 2010 and certified that 
he does not have diabetic retinopathy. He holds a Class A CDL from 
Minnesota.

Gary B. Bland

    Mr. Bland, 41, has had ITDM since 1990. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the

[[Page 52815]]

assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Bland meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His optometrist examined him in 2010 and certified that 
he does not have diabetic retinopathy. He holds a Class C operator's 
license from Georgia.

Juan E. Boyd

    Mr. Boyd, 39, has had ITDM since 2007. His endocrinologist examined 
him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or 
more) severe hypoglycemic episodes in the last 5 years; understands 
diabetes management and monitoring; has stable control of his diabetes 
using insulin; and is able to drive a CMV safely. Mr. Boyd meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2010 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from North Carolina.

Stanley A. Brown

    Mr. Brown, 24, has had ITDM since 2006. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Brown meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His optometrist examined him in 2010 and certified that 
he does not have diabetic retinopathy. He holds a Class C operator's 
license from Maine.

Bradley R. Burns

    Mr. Burns, 27, has had ITDM since 1991. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Burns meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His optometrist examined him in 2010 and certified that 
he does not have diabetic retinopathy. He holds a Class D operator's 
license from Ohio.

Leo G. Dinero

    Mr. Dinero, 24, has had ITDM since 2005. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Dinero meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His ophthalmologist examined him in 2010 and certified 
that he does not have diabetic retinopathy. He holds a Class C CDL from 
Georgia.

Matthew A. Donaldson

    Mr. Donaldson, 28, has had ITDM since 1990. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Donaldson meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His ophthalmologist examined him in 2010 and certified 
that he has stable nonproliferative diabetic retinopathy. He holds a 
chauffeur's license from Michigan.

Francisco Espinoza

    Mr. Espinoza, 61, has had ITDM since 1990. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Espinoza meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His optometrist examined him in 2010 and certified that 
he does not have diabetic retinopathy. He holds a Class A CDL from 
Florida.

Terry W. Ferguson

    Mr. Ferguson, 50, has had ITDM since 2004. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Ferguson meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His ophthalmologist examined him in 2010 and certified 
that he does not have diabetic retinopathy. He holds a Class A CDL from 
Georgia.

Thomas G. Flanagan

    Mr. Flanagan, 77, has had ITDM since 2000. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Flanagan meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His optometrist examined him in 2010 and certified that 
he does not have diabetic retinopathy. He holds a Class B CDL from 
Indiana.

Stacey W. Fortner

    Mr. Fortner, 31, has had ITDM since 2008. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable

[[Page 52816]]

control of his diabetes using insulin; and is able to drive a CMV 
safely. Mr. Fortner meets the requirements of the vision standard at 49 
CFR 391.41(b)(10). His optometrist examined him in 2010 and certified 
that he does not have diabetic retinopathy. He holds a Class A CDL from 
Wyoming.

Donald K. Fraase

    Mr. Fraase, 46, has had ITDM since 2009. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Fraase meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His optometrist examined him in 2010 and certified that 
he does not have diabetic retinopathy. He holds a Class B CDL from 
North Dakota.

David W. Fraunberger

    Mr. Fraunberger, 46, has had ITDM since 2009. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Fraunberger meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His ophthalmologist examined him in 2010 and certified 
that he has stable nonproliferative diabetic retinopathy. He holds a 
Class B CDL from Florida.

Jason W. Geier

    Mr. Geier, 36, has had ITDM since 2009. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Geier meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His ophthalmologist examined him in 2010 and certified 
that he does not have diabetic retinopathy. He holds a Class A CDL from 
Montana.

Howard W. Girvin

    Mr. Girvin, 63, has had ITDM since 2004. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Girvin meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His ophthalmologist examined him in 2010 and certified 
that he has stable nonproliferative diabetic retinopathy. He holds a 
Class A CDL from Oregon.

Scott R. Grange

    Mr. Grange, 27, has had ITDM since 1985. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Grange meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His optometrist examined him in 2010 and certified that 
he does not have diabetic retinopathy. He holds a Class C operator's 
license from California.

John A. Hayes

    Mr. Hayes, 49, has had ITDM since 2006. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; 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 2010 and certified 
that he does not have diabetic retinopathy. He holds a Class A CDL from 
New York.

Bradley D. Heagel

    Mr. Heagel, 41 has had ITDM since 2005. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Heagel meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His ophthalmologist examined him in 2010 and certified 
that he does not have diabetic retinopathy. He holds a Class A CDL from 
Iowa.

Richard P. Holmen

    Mr. Holmen, 55, has had ITDM since 2001. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Holmen meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His ophthalmologist examined him in 2010 and certified 
that he does not have diabetic retinopathy. He holds a Class A CDL from 
Minnesota.

Richard A. Homstad

    Mr. Homstad, 63, has had ITDM since 2009. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Homstad meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His optometrist examined him in 2010 and certified that 
he does not have

[[Page 52817]]

diabetic retinopathy. He holds a Class A CDL from North Dakota.

John R. Johnson

    Mr. Johnson, 58, has had ITDM since 2007. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using 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 optometrist examined him in 2010 and certified that 
he does not have diabetic retinopathy. He holds a Class A CDL from New 
Mexico.

Johnny O. Laws, Sr.

    Mr. Laws, 56, has had ITDM since 2009. His endocrinologist examined 
him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or 
more) severe hypoglycemic episodes in the last 5 years; understands 
diabetes management and monitoring; has stable control of his diabetes 
using insulin; and is able to drive a CMV safely. Mr. Laws meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2010 and certified that he does not have 
diabetic retinopathy. He holds a Class C operator's license from 
Maryland.

Harold A. Meeker, Jr.

    Mr. Meeker, 56, has had ITDM since 2008. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Meeker meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His optometrist examined him in 2010 and certified that 
he does not have diabetic retinopathy. He holds a Class B CDL from 
Massachusetts.

Ronald D. Olson

    Mr. Olson, 47, has had ITDM since 1993. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Olson meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His optometrist examined him in 2010 and certified that 
he does not have diabetic retinopathy. He holds a Class A CDL from 
Wisconsin.

Maria C. Paraschivescu

    Ms. Paraschivescu, 31, has had ITDM since 2007. Her endocrinologist 
examined her in 2010 and certified that she has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
her diabetes using insulin; and is able to drive a CMV safely. Ms. 
Paraschivescu meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). Her ophthalmologist examined her in 2010 and certified 
that she does not have diabetic retinopathy. She holds an operator's 
license from Michigan.

Paul S. Perry

    Mr. Perry, 56, has had ITDM since 2006. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Perry meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His ophthalmologist examined him in 2010 and certified 
that he has stable nonproliferative diabetic retinopathy. He holds a 
Class D operator's license from Massachusetts.

Michael Pittman

    Mr. Pittman, 52, has had ITDM since 2009. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Pittman meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His optometrist examined him in 2010 and certified that 
he does not have diabetic retinopathy. He holds a Class C CDL from 
Virginia.

Israel Ramos

    Mr. Ramos, 44, has had ITDM since 2010. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Ramos meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His optometrist examined him in 2010 and certified that 
he does not have diabetic retinopathy. He holds a Class A CDL from New 
York.

Todd E. Rowley

    Mr. Rowley, 45, has had ITDM since 2007. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Rowley meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His ophthalmologist examined him in 2010 and certified 
that he does not have diabetic retinopathy. He holds a Class C 
operator's license from North Carolina.

Daniel E. Velasco

    Mr. Velasco, 57, has had ITDM since 2009. His endocrinologist 
examined him

[[Page 52818]]

in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) 
severe hypoglycemic episodes in the last 5 years; understands diabetes 
management and monitoring; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Velasco meets the 
requirements of the vision standard at 49 CFR 391.41(b)(10). His 
optometrist examined him in 2010 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL license from Maryland.

Joshua R. Wiery

    Mr. Wiery, 39, has had ITDM since 1978. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Wiery meets the requirements of the vision standard at 49 CFR 
391.41(b)(10). His ophthalmologist examined him in 2010 and certified 
that he has stable proliferative diabetic retinopathy. He holds a Class 
D operator's license from Ohio.

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 date section 
of the notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible 
and Efficient Transportation Equity Act: A Legacy for Users 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) Elimination of the requirement for 3 
years of experience operating CMVs while being treated with insulin; 
and (2) 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. The 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.

    Issued on: August 20, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-21428 Filed 8-26-10; 8:45 am]
BILLING CODE 4915-01-P

