You are on page 1of 8

74986 Federal Register / Vol. 71, No.

239 / Wednesday, December 13, 2006 / Notices

Federal programs and activities apply to this see the Privacy Act heading under exemption will achieve the required
program.) Regulatory Notices. To read background level of safety mandated by the statute.
Authority: 23 U.S.C. 139(l)(1). documents or comments received, go to
Qualifications of Applicants
Issued on: November 30, 2006.
http://dms.dot.gov or to Room PL–401
on the plaza level of the Nassif Building, Louis T. Aceto
Salvador Deocampo,
400 Seventh Street, SW., Washington,
District Engineer. Austin, Texas. DC between 9 a.m. and 5 p.m. Monday Mr. Aceto, age 59, has had ITDM
[FR Doc. 06–9654 Filed 12–12–06; 8:45 am] through Friday, except Federal holidays. since 2003. His endocrinologist
BILLING CODE 4910–R4–M
Docket: For access to the docket to examined him in 2006 and certified that
read background documents or he has had no hypoglycemic reactions
comments received, go to http:// resulting in loss of consciousness,
DEPARTMENT OF TRANSPORTATION requiring the assistance of another
dms.dot.gov at any time or Room PL–
401 on the plaza level of the Nassif person, or resulting in impaired
Federal Motor Carrier Safety cognitive function that occurred without
Administration Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5 warning in the past 5 years; understands
[Docket No. FMCSA–2006–26321] p.m., Monday through Friday, except diabetes management and monitoring;
Federal holidays. The DMS is available and has stable control of his diabetes
Qualification of Drivers; Exemption using insulin, and is able to drive a
24 hours each day, 365 days each year.
Applications; Diabetes CMV safely. Mr. Aceto meets the
If you want acknowledgment that we
received your comments, please include requirements of the vision standard at
AGENCY: Federal Motor Carrier Safety
a self-addressed, stamped envelope or 49 CFR 391.41(b)(10). His
Administration (FMCSA).
postcard or print the acknowledgement ophthalmologist examined him in 2006
ACTION: Notice of applications for and certified that he has stable
exemption from the diabetes standard; page that appears after submitting
comments on-line. nonproliferative diabetic retinopathy.
request for comments. He holds a Class C operator’s license
Privacy Act: Anyone may search the
SUMMARY: FMCSA announces receipt of from Pennsylvania.
electronic form of all comments
applications from 66 individuals for received into any of our dockets by the James D. Barton
exemptions from the prohibition against name of the individual submitting the
persons with insulin-treated diabetes comment (or of the person signing the Mr. Barton, 64, has had ITDM since
mellitus (ITDM) operating commercial comment, if submitted on behalf of an 2004. His endocrinologist examined him
motor vehicles (CMVs) in interstate association, business, labor union, etc.). in 2006 and certified that he has had no
commerce. If granted, the exemptions You may review the DOT’s complete hypoglycemic reactions resulting in loss
would enable these individuals with Privacy Act Statement in the Federal of consciousness, requiring the
ITDM to operate commercial motor Register published on April 11, 2000 assistance of another person, or
vehicles in interstate commerce. (65 FR 19477; Apr. 11, 2000). This resulting in impaired cognitive function
DATES: Comments must be received on information is also available at http:// that occurred without warning in the
or before January 12, 2007. dms.dot.gov. past 5 years; understands diabetes
ADDRESSES: You may submit comments
management and monitoring; and has
FOR FURTHER INFORMATION CONTACT: Dr. stable control of his diabetes using
identified by Department of Mary D. Gunnels, Chief, Physical
Transportation (DOT) Docket insulin, and is able to drive a CMV
Qualifications Division, (202) 366–4001, safely. Mr. Barton meets the
Management System (DMS) Docket maggi.gunnels@dot.gov, FMCSA,
Number FMCSA–2006–26321 using any requirements of the vision standard at
Department of Transportation, 400 49 CFR 391.41(b)(10). His optometrist
of the following methods: Seventh Street, SW., Room 8301,
• Web site: http://dmses.dot.gov. examined him in 2006 and certified that
Washington, DC 20590–0001. Office he does not have diabetic retinopathy.
Follow the instructions for submitting
hours are from 8:30 a.m. to 5 p.m., He holds a Class B CDL from North
comments on the DOT electronic docket
Monday through Friday, except Federal Carolina.
site.
holidays.
• Fax: 1–202–493–2251. Lawrence H. Behrens
• Mail: Docket Management Facility; SUPPLEMENTARY INFORMATION:
U.S. Department of Transportation, 400 Mr. Behrens, 53, has had ITDM since
Background
Seventh Street, SW., Nassif Building, 2005. His endocrinologist examined him
Room PL–401, Washington, DC 20590– Under 49 U.S.C. 31136(e) and 31315, in 2006 and certified that he has had no
0001. FMCSA may grant an exemption for a 2- hypoglycemic reactions resulting in loss
• Hand Delivery: Room PL–401 on year period if it finds ‘‘such exemption of consciousness, requiring the
the plaza level of the Nassif Building, would likely achieve a level of safety assistance of another person, or
400 Seventh Street, SW., Washington, that is equivalent to, or greater than, the resulting in impaired cognitive function
DC, between 9 a.m. and 5 p.m., Monday level that would be achieved absent that occurred without warning in the
through Friday, except Federal holidays. such exemption.’’ The statute also past 5 years; understands diabetes
• Federal eRulemaking Portal: Go to allows the Agency to renew exemptions management and monitoring; and has
http://www.regulations.gov. Follow the at the end of the 2-year period. The 66 stable control of his diabetes using
on-line instructions for submitting individuals listed in this Notice have insulin, and is able to drive a CMV
comments. recently requested an exemption from safely. Mr. Behrens meets the
hsrobinson on PROD1PC76 with NOTICES

All submissions must include the the diabetes prohibition in 49 CFR requirements of the vision standard at
Agency name and docket number for 391.41(b)(3), which applies to drivers of 49 CFR 391.41(b)(10). His
this Notice. Note that all comments CMVs in interstate commerce. ophthalmologist examined him in 2005
received will be posted without change Accordingly, the Agency will evaluate and certified that he does not have
to http://dms.dot.gov, including any the qualifications of each applicant to diabetic retinopathy. He holds a Class A
personal information provided. Please determine whether granting the CDL from Illinois.

VerDate Aug<31>2005 21:31 Dec 12, 2006 Jkt 211001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\13DEN1.SGM 13DEN1
Federal Register / Vol. 71, No. 239 / Wednesday, December 13, 2006 / Notices 74987

Joel L. Bogenrief assistance of another person, or safely. Mr. Case meets the requirements
Mr. Bogenrief, 28, has had ITDM since resulting in impaired cognitive function of the vision standard at 49 CFR
1993. His endocrinologist examined him that occurred without warning in the 391.41(b)(10). His optometrist examined
in 2006 and certified that he has had no past 5 years; understands diabetes him in 2006 and certified that he does
hypoglycemic reactions resulting in loss management and monitoring; and has not have diabetic retinopathy. He holds
of consciousness, requiring the stable control of his diabetes using a Class B CDL from Indiana.
assistance of another person, or insulin, and is able to drive a CMV
safely. Mr. Buck meets the requirements Jonathan M. Cleek
resulting in impaired cognitive function
that occurred without warning in the of the vision standard at 49 CFR Mr. Cleek, 24, has had ITDM since
past 5 years; understands diabetes 391.41(b)(10). His ophthalmologist 2001. His endocrinologist examined him
management and monitoring; and has examined him in 2006 and certified that in 2006 and certified that he has had no
stable control of his diabetes using he does not have diabetic retinopathy. hypoglycemic reactions resulting in loss
insulin, and is able to drive a CMV He holds a Class A CDL from Vermont. of consciousness, requiring the
safely. Mr. Bogenrief meets the Carolynda Cain assistance of another person, or
requirements of the vision standard at resulting in impaired cognitive function
Ms. Cain, 53, has had ITDM since that occurred without warning in the
49 CFR 391.41(b)(10). His
2004. Her endocrinologist examined her past 5 years; understands diabetes
ophthalmologist examined him in 2006
in 2006 and certified that she has had management and monitoring; and has
and certified that he has stable
no hypoglycemic reactions resulting in stable control of his diabetes using
nonproliferative diabetic retinopathy.
loss of consciousness, requiring the insulin, and is able to drive a CMV
He holds a Class B CDL from Iowa.
assistance of another person, or safely. Mr. Cleek meets the requirements
Timothy W. Brogan resulting in impaired cognitive function of the vision standard at 49 CFR
Mr. Brogan, 22, has had ITDM since that occurred without warning in the
391.41(b)(10). His ophthalmologist
1991. His endocrinologist examined him past 5 years; understands diabetes
examined him in 2006 and certified that
in 2006 and certified that he has had no management and monitoring; and has
he does not have diabetic retinopathy.
hypoglycemic reactions resulting in loss stable control of her diabetes using
He holds a Class D operator’s license
of consciousness, requiring the insulin, and is able to drive a CMV
from West Virginia.
assistance of another person, or safely. Ms. Cain meets the requirements
resulting in impaired cognitive function of the vision standard at 49 CFR David D. Collart
that occurred without warning in the 391.41(b)(10). Her ophthalmologist
Mr. Collart, 42, has had ITDM since
past 5 years; understands diabetes examined her in 2006 and certified that
1990. His endocrinologist examined him
management and monitoring; and has she does not have diabetic retinopathy.
in 2006 and certified that he has had no
stable control of his diabetes using She holds a Class B CDL from Indiana.
hypoglycemic reactions resulting in loss
insulin, and is able to drive a CMV Roy B. Carter of consciousness, requiring the
safely. Mr. Brogan meets the assistance of another person, or
requirements of the vision standard at Mr. Carter, 41, has had ITDM since
1983. His endocrinologist examined him resulting in impaired cognitive function
49 CFR 391.41(b)(10). His optometrist that occurred without warning in the
examined him in 2006 and certified that in 2006 and certified that he has had no
hypoglycemic reactions resulting in loss past 5 years; understands diabetes
he does not have diabetic retinopathy. management and monitoring; and has
He holds a Class C operator’s license of consciousness, requiring the
assistance of another person, or stable control of his diabetes using
from California. insulin, and is able to drive a CMV
resulting in impaired cognitive function
Eddy B. Brown that occurred without warning in the safely. Mr. Collart meets the
Mr. Brown, 48, has had ITDM since past 5 years; understands diabetes requirements of the vision standard at
2006. His endocrinologist examined him management and monitoring; and has 49 CFR 391.41(b)(10). His
in 2006 and certified that he has had no stable control of his diabetes using ophthalmologist examined him in 2006
hypoglycemic reactions resulting in loss insulin, and is able to drive a CMV and certified that he has stable
of consciousness, requiring the safely. Mr. Carter meets the nonproliferative diabetic retinopathy.
assistance of another person, or requirements of the vision standard at He holds an operator’s license from
resulting in impaired cognitive function 49 CFR 391.41(b)(10). His Washington.
that occurred without warning in the ophthalmologist examined him in 2006 Donald L. Cowan
past 5 years; understands diabetes and certified that he has stable
management and monitoring; and has nonproliferative diabetic retinopathy. Mr. Cowan, 38, has had ITDM since
stable control of his diabetes using He holds a Class C operator’s license 1999. His endocrinologist examined him
insulin, and is able to drive a CMV from Georgia. in 2006 and certified that he has had no
safely. Mr. Brown meets the hypoglycemic reactions resulting in loss
Bradley D. Case of consciousness, requiring the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist Mr. Case, 51, has had ITDM since assistance of another person, or
examined him in 2006 and certified that 2004. His endocrinologist examined him resulting in impaired cognitive function
he does not have diabetic retinopathy. in 2006 and certified that he has had no that occurred without warning in the
He holds a Class A CDL from North hypoglycemic reactions resulting in loss past 5 years; understands diabetes
Carolina. of consciousness, requiring the management and monitoring; and has
assistance of another person, or stable control of his diabetes using
hsrobinson on PROD1PC76 with NOTICES

Kenneth E. Buck resulting in impaired cognitive function insulin, and is able to drive a CMV
Mr. Buck, 58, has had ITDM since that occurred without warning in the safely. Mr. Cowan meets the
2004. His endocrinologist examined him past 5 years; understands diabetes requirements of the vision standard at
in 2006 and certified that he has had no management and monitoring; and has 49 CFR 391.41(b)(10). His optometrist
hypoglycemic reactions resulting in loss stable control of his diabetes using examined him in 2006 and certified that
of consciousness, requiring the insulin, and is able to drive a CMV he does not have diabetic retinopathy.

VerDate Aug<31>2005 21:31 Dec 12, 2006 Jkt 211001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\13DEN1.SGM 13DEN1
74988 Federal Register / Vol. 71, No. 239 / Wednesday, December 13, 2006 / Notices

He holds a Class D operator’s license assistance of another person, or safely. Ms. Hardin meets the
from Ohio. resulting in impaired cognitive function requirements of the vision standard at
that occurred without warning in the 49 CFR 391.41(b)(10). Her optometrist
Michael J. Drake
past 5 years; understands diabetes examined her in 2005 and certified that
Mr. Drake, 51, has had ITDM since management and monitoring; and has she does not have diabetic retinopathy.
2004. His endocrinologist examined him stable control of his diabetes using She holds a Class B CDL from
in 2006 and certified that he has had no insulin, and is able to drive a CMV Mississippi.
hypoglycemic reactions resulting in loss safely. Mr. Gentry meets the
of consciousness, requiring the requirements of the vision standard at Jerry Hardy
assistance of another person, or 49 CFR 391.41(b)(10). His optometrist Mr. Hardy, 54, has had ITDM since
resulting in impaired cognitive function examined him in 2006 and certified that 1992. His endocrinologist examined him
that occurred without warning in the he does not have diabetic retinopathy. in 2006 and certified that he has had no
past 5 years; understands diabetes He holds a Class A CDL from Nebraska. hypoglycemic reactions resulting in loss
management and monitoring; and has of consciousness, requiring the
stable control of his diabetes using Howard L. Gocke
assistance of another person, or
insulin, and is able to drive a CMV Mr. Gocke, 58, has had ITDM since resulting in impaired cognitive function
safely. Mr. Drake meets the 2002. His endocrinologist examined him that occurred without warning in the
requirements of the vision standard at in 2006 and certified that he has had no past 5 years; understands diabetes
49 CFR 91.41(b)(10). His optometrist hypoglycemic reactions resulting in loss management and monitoring; and has
examined him in 2006 and certified that of consciousness, requiring the stable control of his diabetes using
he does not have diabetic retinopathy. assistance of another person, or insulin, and is able to drive a CMV
He holds a Class A CDL from Ohio. resulting in impaired cognitive function safely. Mr. Hardy meets the
that occurred without warning in the
Thomas D. Dyke requirements of the vision standard at
past 5 years; understands diabetes
49 CFR 391.41(b)(10). His
Mr. Dyke, 62, has had ITDM since management and monitoring; and has
ophthalmologist examined him in 2006
2005. His endocrinologist examined him stable control of his diabetes using
and certified that he does not have
in 2006 and certified that he has had no insulin, and is able to drive a CMV
diabetic retinopathy. He holds a Class D
hypoglycemic reactions resulting in loss safely. Mr. Gocke meets the
operator’s license from Illinois.
of consciousness, requiring the requirements of the vision standard at
assistance of another person, or 49 CFR 391.41(b)(10). His optometrist Michael T. Hartley
resulting in impaired cognitive function examined him in 2006 and certified that
Mr. Hartley, 50, has had ITDM since
that occurred without warning in the he does not have diabetic retinopathy.
2005. His endocrinologist examined him
past 5 years; understands diabetes He holds a Class A CDL from
in 2006 and certified that he has had no
management and monitoring; and has Washington.
hypoglycemic reactions resulting in loss
stable control of his diabetes using
James S. Goldman of consciousness, requiring the
insulin, and is able to drive a CMV
Mr. Goldman, 57, has had ITDM since assistance of another person, or
safely. Mr. Dyke meets the requirements
2000. His endocrinologist examined him resulting in impaired cognitive function
of the vision standard at 49 CFR
in 2006 and certified that he has had no that occurred without warning in the
391.41(b)(10). His ophthalmologist
hypoglycemic reactions resulting in loss past 5 years; understands diabetes
examined him in 2006 and certified that
of consciousness, requiring the management and monitoring; and has
he does not have diabetic retinopathy.
assistance of another person, or stable control of his diabetes using
He holds a Class A CDL from Kansas.
resulting in impaired cognitive function insulin, and is able to drive a CMV
Glenn D. Folkers that occurred without warning in the safely. Mr. Hartley meets the
Mr. Folkers, 40, has had ITDM since past 5 years; understands diabetes requirements of the vision standard at
2000. His endocrinologist examined him management and monitoring; and has 49 CFR 391.41(b)(10). His
in 2006 and certified that he has had no stable control of his diabetes using ophthalmologist examined him in 2006
hypoglycemic reactions resulting in loss insulin, and is able to drive a CMV and certified that he does not have
of consciousness, requiring the safely. Mr. Goldman meets the diabetic retinopathy. He holds a Class B
assistance of another person, or requirements of the vision standard at CDL from Kentucky.
resulting in impaired cognitive function 49 CFR 391.41(b)(10). His optometrist David A. Heider
that occurred without warning in the examined him in 2006 and certified that
past 5 years; understands diabetes he does not have diabetic retinopathy. Mr. Heider, 44, has had ITDM since
management and monitoring; and has He holds a Class B CDL from 2005. His endocrinologist examined him
stable control of his diabetes using Pennsylvania. in 2006 and certified that he has had no
insulin, and is able to drive a CMV hypoglycemic reactions resulting in loss
Carol D. Hardin of consciousness, requiring the
safely. Mr. Folkers meets the
requirements of the vision standard at Ms. Hardin, 57, has had ITDM since assistance of another person, or
49 CFR 391.41(b)(10). His optometrist 2000. Her endocrinologist examined her resulting in impaired cognitive function
examined him in 2006 and certified that in 2006 and certified that she has had that occurred without warning in the
he does not have diabetic retinopathy. no hypoglycemic reactions resulting in past 5 years; understands diabetes
He holds a Class B CDL from Nevada. loss of consciousness, requiring the management and monitoring; and has
assistance of another person, or stable control of his diabetes using
hsrobinson on PROD1PC76 with NOTICES

Anthony L. Gentry resulting in impaired cognitive function insulin, and is able to drive a CMV
Mr. Gentry, 35, has had ITDM since that occurred without warning in the safely. Mr. Heider meets the
2005. His endocrinologist examined him past 5 years; understands diabetes requirements of the vision standard at
in 2006 and certified that he has had no management and monitoring; and has 49 CFR 391.41(b)(10). His optometrist
hypoglycemic reactions resulting in loss stable control of her diabetes using examined him in 2006 and certified that
of consciousness, requiring the insulin, and is able to drive a CMV he does not have diabetic retinopathy.

VerDate Aug<31>2005 21:31 Dec 12, 2006 Jkt 211001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\13DEN1.SGM 13DEN1
Federal Register / Vol. 71, No. 239 / Wednesday, December 13, 2006 / Notices 74989

He holds a Class A CDL from in 2006 and certified that he has had no and has stable control of his diabetes
Wisconsin. hypoglycemic reactions resulting in loss using insulin, and is able to drive a
of consciousness, requiring the CMV safely. Mr. Krietemeyer meets the
John A. Helm
assistance of another person, or requirements of the vision standard at
Mr. Helm, 48, has had ITDM since resulting in impaired cognitive function 49 CFR 391.41(b)(10). His
1991. His endocrinologist examined him that occurred without warning in the ophthalmologist examined him in 2006
in 2006 and certified that he has had no past 5 years; understands diabetes and certified that he has stable
hypoglycemic reactions resulting in loss management and monitoring; and has nonproliferative diabetic retinopathy.
of consciousness, requiring the stable control of his diabetes using He holds a Class B CDL from Indiana.
assistance of another person, or insulin, and is able to drive a CMV
resulting in impaired cognitive function Jerome A. Krupka
safely. Mr. Jones meets the requirements
that occurred without warning in the of the vision standard at 49 CFR Mr. Krupka, 62, has had ITDM since
past 5 years; understands diabetes 391.41(b)(10). His optometrist examined 2006. His endocrinologist examined him
management and monitoring; and has him in 2006 and certified that he does in 2006 and certified that he has had no
stable control of his diabetes using not have diabetic retinopathy. He holds hypoglycemic reactions resulting in loss
insulin, and is able to drive a CMV a Class A CDL from Iowa. of consciousness, requiring the
safely. Mr. Helm meets the requirements assistance of another person, or
Gerald P. Kargus resulting in impaired cognitive function
of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined Mr. Kargus, 53, has had ITDM since that occurred without warning in the
him in 2006 and certified that he does 1983. His endocrinologist examined him past 5 years; understands diabetes
not have diabetic retinopathy. He holds in 2006 and certified that he has had no management and monitoring; and has
a Class B operator’s license from hypoglycemic reactions resulting in loss stable control of his diabetes using
Illinois. of consciousness, requiring the insulin, and is able to drive a CMV
assistance of another person, or safely. Mr. Krupka meets the
John A. Herbert resulting in impaired cognitive function requirements of the vision standard at
Mr. Herbert, 51, has had ITDM since that occurred without warning in the 49 CFR 391.41(b)(10). His
2004. His endocrinologist examined him past 5 years; understands diabetes ophthalmologist examined him in 2006
in 2006 and certified that he has had no management and monitoring; and has and certified that he has stable
hypoglycemic reactions resulting in loss stable control of his diabetes using nonproliferative diabetic retinopathy.
of consciousness, requiring the insulin, and is able to drive a CMV He holds a Class B CDL from Wisconsin.
assistance of another person, or safely. Mr. Kargus meets the
James A. Kunkel
resulting in impaired cognitive function requirements of the vision standard at
that occurred without warning in the 49 CFR 391.41(b)(10). His optometrist Mr. Kunkel, 31, has had ITDM since
past 5 years; understands diabetes examined him in 2006 and certified that 2003. His endocrinologist examined him
management and monitoring; and has he does not have diabetic retinopathy. in 2006 and certified that he has had no
stable control of his diabetes using He holds a Class D operator’s license hypoglycemic reactions resulting in loss
insulin, and is able to drive a CMV from Wisconsin. of consciousness, requiring the
safely. Mr. Herbert meets the assistance of another person, or
Christopher A. Knott resulting in impaired cognitive function
requirements of the vision standard at
49 CFR 391.41(b)(10). His Mr. Knott, 45, has had ITDM since that occurred without warning in the
ophthalmologist examined him in 2006 2004. His endocrinologist examined him past 5 years; understands diabetes
and certified that he has does not have in 2006 and certified that he has had no management and monitoring; and has
diabetic retinopathy. He holds a Class A hypoglycemic reactions resulting in loss stable control of his diabetes using
CDL from New Jersey. of consciousness, requiring the insulin, and is able to drive a CMV
assistance of another person, or safely. Mr. Kunkel meets the
Lester H. Hughes resulting in impaired cognitive function requirements of the vision standard at
Mr. Hughes, 46, has had ITDM since that occurred without warning in the 49 CFR 391.41(b)(10). His optometrist
1996. His endocrinologist examined him past 5 years; understands diabetes examined him in 2006 and certified that
in 2006 and certified that he has had no management and monitoring; and has he does not have diabetic retinopathy.
hypoglycemic reactions resulting in loss stable control of his diabetes using He holds a Class A CDL from
of consciousness, requiring the insulin, and is able to drive a CMV Minnesota.
assistance of another person, or safely. Mr. Knott meets the requirements
Mark W. Lavorini
resulting in impaired cognitive function of the vision standard at 49 CFR
that occurred without warning in the 391.41(b)(10). His optometrist examined Mr. Lavorini, 35, has had ITDM since
past 5 years; understands diabetes him in 2006 and certified that he does 1978. His endocrinologist examined him
management and monitoring; and has not have diabetic retinopathy. He holds in 2006 and certified that he has had no
stable control of his diabetes using a Class A CDL from Minnesota. hypoglycemic reactions resulting in loss
insulin, and is able to drive a CMV of consciousness, requiring the
Norman L. Krietemeyer assistance of another person, or
safely. Mr. Hughes meets the
requirements of the vision standard at Mr. Krietemeyer, 60, has had ITDM resulting in impaired cognitive function
49 CFR 391.41(b)(10). His since 1995. His endocrinologist that occurred without warning in the
ophthalmologist examined him in 2006 examined him in 2005 and certified that past 5 years; understands diabetes
and certified that he does not have he has had no hypoglycemic reactions management and monitoring; and has
hsrobinson on PROD1PC76 with NOTICES

diabetic retinopathy. He holds a Class A resulting in loss of consciousness, stable control of his diabetes using
CDL from Virginia. requiring the assistance of another insulin, and is able to drive a CMV
person, or resulting in impaired safely. Mr. Lavorini meets the
Gayle E. Jones cognitive function that occurred without requirements of the vision standard at
Mr. Jones, 29, has had ITDM since warning in the past 5 years; understands 49 CFR 391.41(b)(10). His
2003. His endocrinologist examined him diabetes management and monitoring; ophthalmologist examined him in 2006

VerDate Aug<31>2005 21:31 Dec 12, 2006 Jkt 211001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\13DEN1.SGM 13DEN1
74990 Federal Register / Vol. 71, No. 239 / Wednesday, December 13, 2006 / Notices

and certified that he has stable Mr. McMasters, 49, has had ITDM resulting in impaired cognitive function
nonproliferative diabetic retinopathy. since 1974. His endocrinologist that occurred without warning in the
He holds a Class C operator’s license examined him in 2006 and certified that past 5 years; understands diabetes
from Pennsylvania. he has had no hypoglycemic reactions management and monitoring; and has
resulting in loss of consciousness, stable control of his diabetes using
Jeffrey C. Link requiring the assistance of another insulin, and is able to drive a CMV
Mr. Link, 23, has had ITDM since person, or resulting in impaired safely. Mr. Mowdy meets the
2002. His endocrinologist examined him cognitive function that occurred without requirements of the vision standard at
in 2006 and certified that he has had no warning in the past 5 years; understands 49 CFR 391.41(b)(10). His optometrist
hypoglycemic reactions resulting in loss diabetes management and monitoring; examined him in 2006 and certified that
of consciousness, requiring the and has stable control of his diabetes he does not have diabetic retinopathy.
assistance of another person, or using insulin, and is able to drive a He holds a Class C operator’s license
resulting in impaired cognitive function CMV safely. Mr. McMasters meets the from California.
that occurred without warning in the requirements of the vision standard at
James R. Murphy
past 5 years; understands diabetes 49 CFR 391.41(b)(10). His
management and monitoring; and has ophthalmologist examined him in 2006 Mr. Murphy, 61, has had ITDM since
stable control of his diabetes using and certified that he does not have 2004. His endocrinologist examined him
insulin, and is able to drive a CMV diabetic retinopathy. He holds a Class A in 2006 and certified that he has had no
safely. Mr. Link meets the requirements CDL from Indiana. hypoglycemic reactions resulting in loss
of the vision standard at 49 CFR of consciousness, requiring the
George R. McMullen assistance of another person, or
391.41(b)(10). His optometrist examined
Mr. McMullen, 65, has had ITDM resulting in impaired cognitive function
him in 2006 and certified that he does
since 1996. His endocrinologist that occurred without warning in the
not have diabetic retinopathy. He holds
examined him in 2006 and certified that past 5 years; understands diabetes
a Class D operator’s license from South
he has had no hypoglycemic reactions management and monitoring; has stable
Carolina.
resulting in loss of consciousness, control of his diabetes using insulin,
Londell W. Luther requiring the assistance of another and is able to drive a CMV safely. Mr.
person, or resulting in impaired Murphy meets the requirements of the
Mr. Luther, 27, has had ITDM since
cognitive function that occurred without vision standard at 49 CFR 391.41(b)(10).
1990. His endocrinologist examined him
warning in the past 5 years; understands His optometrist examined him in 2006
in 2006 and certified that he has had no
diabetes management and monitoring; and certified that he does not have
hypoglycemic reactions resulting in loss
and has stable control of his diabetes diabetic retinopathy. He holds a Class B
of consciousness, requiring the
using insulin, and is able to drive a CDL from Colorado.
assistance of another person, or
CMV safely. Mr. McMullen meets the
resulting in impaired cognitive function Ronald W. Nelson
requirements of the vision standard at
that occurred without warning in the Mr. Nelson, 52, has had ITDM since
49 CFR 391.41(b)(10). His
past 5 years; understands diabetes 1997. His endocrinologist examined him
ophthalmologist examined him in 2006
management and monitoring; and has in 2006 and certified that he has had no
and certified that he does not have
stable control of his diabetes using hypoglycemic reactions resulting in loss
diabetic retinopathy. He holds a Class A
insulin, and is able to drive a CMV of consciousness, requiring the
CDL from Minnesota.
safely. Mr. Luther meets the assistance of another person, or
requirements of the vision standard at James B. Morris resulting in impaired cognitive function
49 CFR 391.41(b)(10). His Mr. Morris, 62, has had ITDM since that occurred without warning in the
ophthalmologist examined him in 2006 1993. His endocrinologist examined him past 5 years; understands diabetes
and certified that he has stable in 2006 and certified that he has had no management and monitoring; and has
nonproliferative diabetic retinopathy. hypoglycemic reactions resulting in loss stable control of his diabetes using
He holds a Class C operator’s license of consciousness, requiring the insulin, and is able to drive a CMV
from Maryland. assistance of another person, or safely. Mr. Nelson meets the
Harry E. Marsh resulting in impaired cognitive function requirements of the vision standard at
that occurred without warning in the 49 CFR 391.41(b)(10). His
Mr. Marsh, 59, has had ITDM since past 5 years; understands diabetes ophthalmologist examined him in 2006
2006. His endocrinologist examined him management and monitoring; and has and certified that he does not have
in 2006 and certified that he has had no stable control of his diabetes using diabetic retinopathy. He holds a Class A
hypoglycemic reactions resulting in loss insulin, and is able to drive a CMV CDL from Minnesota.
of consciousness, requiring the safely. Mr. Morris meets the
assistance of another person, or Vincent A. Palumbo
requirements of the vision standard at
resulting in impaired cognitive function 49 CFR 391.41(b)(10). His optometrist Mr. Palumbo, 52, has had ITDM since
that occurred without warning in the examined him in 2006 and certified that 1994. His endocrinologist examined him
past 5 years; understands diabetes he does not have diabetic retinopathy. in 2006 and certified that he has had no
management and monitoring; and has He holds a Class C operator’s license hypoglycemic reactions resulting in loss
stable control of his diabetes using from Georgia. of consciousness, requiring the
insulin, and is able to drive a CMV assistance of another person, or
safely. Mr. Marsh meets the Bradley S. Mowdy resulting in impaired cognitive function
hsrobinson on PROD1PC76 with NOTICES

requirements of the vision standard at Mr. Mowdy, 48, has had ITDM since that occurred without warning in the
49 CFR 391.41(b)(10). His 2004. His endocrinologist examined him past 5 years; understands diabetes
ophthalmologist examined him in 2006 in 2006 and certified that he has had no management and monitoring; and has
and certified that he has stable hypoglycemic reactions resulting in loss stable control of his diabetes using
nonproliferative diabetic retinopathy. of consciousness, requiring the insulin, and is able to drive a CMV
He holds a Class A CDL from Ohio. assistance of another person, or safely. Mr. Palumbo meets the

VerDate Aug<31>2005 21:31 Dec 12, 2006 Jkt 211001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\13DEN1.SGM 13DEN1
Federal Register / Vol. 71, No. 239 / Wednesday, December 13, 2006 / Notices 74991

requirements of the vision standard at Lee F. Powell assistance of another person, or


49 CFR 391.41(b)(10). His Mr. Powell, 60, has had ITDM since resulting in impaired cognitive function
ophthalmologist examined him in 2005 2005. His endocrinologist examined him that occurred without warning in the
and certified that he has stable in 2006 and certified that he has had no past 5 years; understands diabetes
nonproliferative diabetic retinopathy. hypoglycemic reactions resulting in loss management and monitoring; and has
He holds a Class D operator’s license of consciousness, requiring the stable control of his diabetes using
from New York. assistance of another person, or insulin, and is able to drive a CMV
resulting in impaired cognitive function safely. Mr. Satariano meets the
Kent E. Pelkey
that occurred without warning in the requirements of the vision standard at
Mr. Pelkey, 42, has had ITDM since 49 CFR 391.41(b)(10). His optometrist
past 5 years; understands diabetes
1979. His endocrinologist examined him examined him in 2006 and certified that
management and monitoring; and has
in 2005 and certified that he has had no he does not have diabetic retinopathy.
stable control of his diabetes using
hypoglycemic reactions resulting in loss He holds a Class B CDL from California.
insulin, and is able to drive a CMV
of consciousness, requiring the
safely. Mr. Powell meets the Randall W. Skaggs
assistance of another person, or
requirements of the vision standard at
resulting in impaired cognitive function Mr. Skaggs, 47, has had ITDM since
49 CFR 391.41(b)(10). His
that occurred without warning in the 2004. His endocrinologist examined him
ophthalmologist examined him in 2006
past 5 years; understands diabetes in 2006 and certified that he has had no
and certified that he does not have
management and monitoring; has stable hypoglycemic reactions resulting in loss
diabetic retinopathy. He holds a Class A
control of his diabetes using insulin, of consciousness, requiring the
CDL from Massachusetts.
and is able to drive a CMV safely. Mr. assistance of another person, or
Pelkey meets the requirements of the Allen W. Quon resulting in impaired cognitive function
vision standard at 49 CFR 391.41(b)(10). Mr. Quon, 44, has had ITDM since that occurred without warning in the
His ophthalmologist examined him in 2006. His endocrinologist examined him past 5 years; understands diabetes
2005 and certified that he has stable in 2006 and certified that he has had no management and monitoring; and has
proliferative diabetic retinopathy. He hypoglycemic reactions resulting in loss stable control of his diabetes using
holds a Class A CDL from Maine. of consciousness, requiring the insulin, and is able to drive a CMV
assistance of another person, or safely. Mr. Skaggs meets the
Keith E. Peterson
resulting in impaired cognitive function requirements of the vision standard at
Mr. Peterson, 36, has had ITDM since 49 CFR 391.41(b)(10). His optometrist
that occurred without warning in the
2006. His endocrinologist examined him examined him in 2006 and certified that
past 5 years; understands diabetes
in 2006 and certified that he has had no management and monitoring; and has he does not have diabetic retinopathy.
hypoglycemic reactions resulting in loss stable control of his diabetes using He holds a Class A CDL from Kentucky.
of consciousness, requiring the insulin, and is able to drive a CMV
assistance of another person, or Louis L. Sorenson
safely. Mr. Quon meets the requirements
resulting in impaired cognitive function of the vision standard at 49 CFR Mr. Sorenson, 48, has had ITDM since
that occurred without warning in the 391.41(b)(10). His optometrist examined 1996. His endocrinologist examined him
past 5 years; understands diabetes him in 2006 and certified that he does in 2006 and certified that he has had no
management and monitoring; and has not have diabetic retinopathy. He holds hypoglycemic reactions resulting in loss
stable control of his diabetes using a Class A CDL from Maryland. of consciousness, requiring the
insulin, and is able to drive a CMV assistance of another person, or
safely. Mr. Peterson meets the Armand O. Rondeau resulting in impaired cognitive function
requirements of the vision standard at Mr. Rondeau, 65, has had ITDM since that occurred without warning in the
49 CFR 391.41(b)(10). His optometrist 2004. His endocrinologist examined him past 5 years; understands diabetes
examined him in 2006 and certified that in 2005 and certified that he has had no management and monitoring; and has
he does not have diabetic retinopathy. hypoglycemic reactions resulting in loss stable control of his diabetes using
He holds a Class A CDL from North of consciousness, requiring the insulin, and is able to drive a CMV
Dakota. assistance of another person, or safely. Mr. Sorenson meets the
resulting in impaired cognitive function requirements of the vision standard at
Victor C. Port
that occurred without warning in the 49 CFR 391.41(b)(10). His
Mr. Port, 45, has had ITDM since past 5 years; understands diabetes ophthalmologist examined him in 2006
1974. His endocrinologist examined him management and monitoring; and has and certified that he does not have
in 2006 and certified that he has had no stable control of his diabetes using diabetic retinopathy. He holds a Class D
hypoglycemic reactions resulting in loss insulin, and is able to drive a CMV operator’s license from Minnesota.
of consciousness, requiring the safely. Mr. Rondeau meets the
assistance of another person, or James L. Spencer
requirements of the vision standard at
resulting in impaired cognitive function 49 CFR 391.41(b)(10). His Mr. Spencer, 53, has had ITDM since
that occurred without warning in the ophthalmologist examined him in 2005 1973. His endocrinologist examined him
past 5 years; understands diabetes and certified that he has stable in 2006 and certified that he has had no
management and monitoring; and has nonproliferative diabetic retinopathy. hypoglycemic reactions resulting in loss
stable control of his diabetes using He holds a Class B CDL from of consciousness, requiring the
insulin, and is able to drive a CMV Massachusetts. assistance of another person, or
safely. Mr. Port meets the requirements resulting in impaired cognitive function
hsrobinson on PROD1PC76 with NOTICES

of the vision standard at 49 CFR Carl J. Satariano that occurred without warning in the
391.41(b)(10). His ophthalmologist Mr. Satariano, 59, has had ITDM since past 5 years; understands diabetes
examined him in 2006 and certified that 2005. His endocrinologist examined him management and monitoring; and has
he has stable nonproliferative diabetic in 2006 and certified that he has had no stable control of his diabetes using
retinopathy. He holds a Class A CDL hypoglycemic reactions resulting in loss insulin, and is able to drive a CMV
from North Dakota. of consciousness, requiring the safely. Mr. Spencer meets the

VerDate Aug<31>2005 21:31 Dec 12, 2006 Jkt 211001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\13DEN1.SGM 13DEN1
74992 Federal Register / Vol. 71, No. 239 / Wednesday, December 13, 2006 / Notices

requirements of the vision standard at Douglas K. Thompson assistance of another person, or


49 CFR 391.41(b)(10). His Mr. Thompson, 38, has had ITDM resulting in impaired cognitive function
ophthalmologist examined him in 2006 since 1999. His endocrinologist that occurred without warning in the
and certified that he has stable examined him in 2006 and certified that past 5 years; understands diabetes
nonproliferative diabetic retinopathy. he has had no hypoglycemic reactions management and monitoring; and has
He holds a Class D operator’s license resulting in loss of consciousness, stable control of his diabetes using
from Delaware. requiring the assistance of another insulin, and is able to drive a CMV
person, or resulting in impaired safely. Mr. Tucker meets the
Ronald D. Stewart
cognitive function that occurred without requirements of the vision standard at
Mr. Stewart, 51, has had ITDM since 49 CFR 391.41(b)(10). His
warning in the past 5 years; understands
1999. His endocrinologist examined him ophthalmologist examined him in 2006
diabetes management and monitoring;
in 2006 and certified that he has had no and certified that he does not have
and has stable control of his diabetes
hypoglycemic reactions resulting in loss diabetic retinopathy. He holds a Class A
using insulin, and is able to drive a
of consciousness, requiring the CDL from Kansas.
CMV safely. Mr. Thompson meets the
assistance of another person, or
requirements of the vision standard at Shawn P. Wathley
resulting in impaired cognitive function
49 CFR 391.41(b)(10). His
that occurred without warning in the Mr. Wathley, 40, has had ITDM since
ophthalmologist examined him in 2006
past 5 years; understands diabetes 2005. His endocrinologist examined him
and certified that he has does not have
management and monitoring; and has in 2006 and certified that he has had no
diabetic retinopathy. He holds a class O
stable control of his diabetes using hypoglycemic reactions resulting in loss
operator’s license from Michigan.
insulin, and is able to drive a CMV of consciousness, requiring the
safely. Mr. Stewart meets the Richard L. Thompson assistance of another person, or
requirements of the vision standard at Mr. Thompson, 54, has had ITDM resulting in impaired cognitive function
49 CFR 391.41(b)(10). His since 1984. His endocrinologist that occurred without warning in the
ophthalmologist examined him in 2006 examined him in 2006 and certified that past 5 years; understands diabetes
and certified that he does not have he has had no hypoglycemic reactions management and monitoring; and has
diabetic retinopathy. He holds a Class A resulting in loss of consciousness, stable control of his diabetes using
CDL from Tennessee. requiring the assistance of another insulin, and is able to drive a CMV
person, or resulting in impaired safely. Mr. Wathley meets the
Andy L. Strommenger
cognitive function that occurred without requirements of the vision standard at
Mr. Strommenger, 29, has had ITDM 49 CFR 391.41(b)(10). His optometrist
warning in the past 5 years; understands
since 1987. His endocrinologist diabetes management and monitoring; examined him in 2006 and certified that
examined him in 2006 and certified that and has stable control of his diabetes he does not have diabetic retinopathy.
he has had no hypoglycemic reactions using insulin, and is able to drive a He holds a Class A CDL from
resulting in loss of consciousness, CMV safely. Mr. Thompson meets the Connecticut.
requiring the assistance of another requirements of the vision standard at
person, or resulting in impaired John P. Westbay
49 CFR 391.41(b)(10). His
cognitive function that occurred without ophthalmologist examined him in 2006 Mr. Westbay, 48, has had ITDM since
warning in the past 5 years; understands and certified that he does not have 1987. His endocrinologist examined him
diabetes management and monitoring; diabetic retinopathy. He holds a Class B in 2006 and certified that he has had no
and has stable control of his diabetes CDL from North Dakota. hypoglycemic reactions resulting in loss
using insulin, and is able to drive a of consciousness, requiring the
CMV safely. Mr. Strommenger meets the James L. Tjon assistance of another person, or
requirements of the vision standard at Mr. Tjon, 52, has had ITDM since resulting in impaired cognitive function
49 CFR 391.41(b)(10). His optometrist 1968. His endocrinologist examined him that occurred without warning in the
examined him in 2006 and certified that in 2006 and certified that he has had no past 5 years; understands diabetes
he does not have diabetic retinopathy. hypoglycemic reactions resulting in loss management and monitoring; and has
He holds a Class A CDL from Colorado. of consciousness, requiring the stable control of his diabetes using
assistance of another person, or insulin, and is able to drive a CMV
Richard J. Symonies, Sr.
resulting in impaired cognitive function safely. Mr. Westbay meets the
Mr. Symonies, 59, has had ITDM that occurred without warning in the requirements of the vision standard at
since 1993. His endocrinologist past 5 years; understands diabetes 49 CFR 391.41(b)(10). His ophthalmogist
examined him in 2006 and certified that management and monitoring; and has examined him in 2006 and certified that
he has had no hypoglycemic reactions stable control of his diabetes using he does not have diabetic retinopathy.
resulting in loss of consciousness, insulin, and is able to drive a CMV He holds a Class B CDL from New York.
requiring the assistance of another safely. Mr. Tjon meets the requirements
person, or resulting in impaired John M. White
of the vision standard at 49 CFR
cognitive function that occurred without 391.41(b) (10). His optometrist Mr. White, 50, has had ITDM since
warning in the past 5 years; understands examined him in 2006 and certified that 1981. His endocrinologist examined him
diabetes management and monitoring; he does not have diabetic retinopathy. in 2006 and certified that he has had no
and has stable control of his diabetes He holds a Class A CDL from hypoglycemic reactions resulting in loss
using insulin, and is able to drive a Minnesota. of consciousness, requiring the
CMV safely. Mr. Symonies meets the assistance of another person, or
hsrobinson on PROD1PC76 with NOTICES

requirements of the vision standard at Lowell T. Tucker resulting in impaired cognitive function
49 CFR 391.41(b)(10). His optometrist Mr. Tucker, 69, has had ITDM since that occurred without warning in the
examined him in 2006 and certified that 2000. His endocrinologist examined him past 5 years; understands diabetes
he does not have diabetic retinopathy. in 2006 and certified that he has had no management and monitoring; and has
He holds a Class A CDL from hypoglycemic reactions resulting in loss stable control of his diabetes using
Pennsylvania. of consciousness, requiring the insulin, and is able to drive a CMV

VerDate Aug<31>2005 21:31 Dec 12, 2006 Jkt 211001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\13DEN1.SGM 13DEN1
Federal Register / Vol. 71, No. 239 / Wednesday, December 13, 2006 / Notices 74993

safely. Mr. White meets the examined him in 2006 and certified that Issued on: December 5, 2006.
requirements of the vision standard at he does not have diabetic retinopathy. Rose A. McMurry,
49 CFR 391.41(b)(10). His He holds a Class A CDL from Virginia. Associate Administrator, Policy and Program
ophthalmologist examined him in 2006 Development.
Request for Comments
and certified that he has stable [FR Doc. E6–21136 Filed 12–12–06; 8:45 am]
nonproliferative diabetic retinopathy. In accordance with 49 U.S.C. 31136(e) BILLING CODE 4910–EX–P
He holds a Class O operator’s license and 31315, FMCSA requests public
from Nebraska, which allows him drive comment from all interested persons on
any non-commercial vehicle except a the exemption petitions described in DEPARTMENT OF TRANSPORTATION
motorcycle. this Notice. We will consider all
comments received before the close of National Highway Traffic Safety
Jeffrey M. Wood Administration
business on the closing date indicated
Mr. Wood, 50, has had ITDM since earlier in the Notice. [Docket No. NHTSA–2006–26280; Notice 1]
2000. His endocrinologist examined him FMCSA notes that Section 4129 of the
in 2006 and certified that he has had no Safe, Accountable, Flexible and The Braun Corporation, Receipt of
hypoglycemic reactions resulting in loss Efficient Transportation Equity Act: A Petition for Decision of
of consciousness, requiring the Legacy for Users (SAFETEA–LU) Inconsequential Noncompliance
assistance of another person, or requires the Secretary to revise its
resulting in impaired cognitive function diabetes exemption program established The Braun Corporation (Braun) has
that occurred without warning in the on September 3, 2003 (68 FR 52441).1 determined that certain wheelchair lifts
past 5 years; understands diabetes The revision must provide for it produced in 2005 through 2006 do not
management and monitoring; and has individual assessment of drivers with comply with S6.4.9 of 49 CFR 571.403,
stable control of his diabetes using diabetes mellitus, and be consistent Federal Motor Vehicle Safety Standard
insulin, and is able to drive a CMV with the criteria described in section (FMVSS) No. 403, ‘‘Platform lift systems
safely. Mr. Wood meets the 4018 of the Transportation Equity Act for motor vehicles.’’ Braun has filed an
requirements of the vision standard at for the 21st Century (49 U.S.C. 31305). appropriate report pursuant to 49 CFR
49 CFR 391.41(b)(10). His Section 4129 requires: (1) The Part 573, ‘‘Defect and Noncompliance
ophthalmologist examined him in 2006 elimination of the requirement for three Reports.’’
and certified that he has stable years of experience operating CMVs Pursuant to 49 U.S.C. 30118(d) and
nonproliferative diabetic retinopathy. while being treated with insulin; and (2) 30120(h), Braun has petitioned for an
He holds a Class A CDL from Illinois. the establishment of a specified exemption from the notification and
minimum period of insulin use to remedy requirements of 49 U.S.C.
Christopher T. Worsley Chapter 301 on the basis that this
demonstrate stable control of diabetes
Mr. Worsley, 29, has had ITDM since noncompliance is inconsequential to
before being allowed to operate a CMV.
2002. His endocrinologist examined him motor vehicle safety.
In response to section 4129, FMCSA
in 2006 and certified that he has had no This notice of receipt of Braun’s
made immediate revisions to the
hypoglycemic reactions resulting in loss petition is published under 49 U.S.C.
diabetes exemption program established
of consciousness, requiring the 30118 and 30120 and does not represent
by the September 3, 2003 Notice.
assistance of another person, or any agency decision or other exercise of
FMCSA discontinued use of the 3-year
resulting in impaired cognitive function judgment concerning the merits of the
driving experience and fulfilled the
that occurred without warning in the petition.
requirements of section 4129 while
past 5 years; understands diabetes Affected are a total of approximately
continuing to ensure that operation of
management and monitoring; and has 15,992 model NL, NCL, and NVL
CMVs by drivers with ITDM will
stable control of his diabetes using wheelchair lifts produced between April
achieve the requisite level of safety
insulin, and is able to drive a CMV 1, 2005 and July 19, 2006. S6.4.9.7 of
required of all exemptions granted
safely. Mr. Worsley meets the FMVSS No. 403 requires:
under 49 U.S.C. 31136(e).
requirements of the vision standard at When tested in accordance with S7.12.1,
Section 4129(d) also directed FMCSA
49 CFR 391.41(b)(10). His each handrail must withstand 445 N (100
to ensure that drivers of CMVs with
ophthalmologist examined him in 2006 pounds force) applied at any point and in
ITDM are not held to a higher standard
and certified that he does not have any direction on the handrail without more
than other drivers, with the exception of than 22 mm (1 inch) of displacement relative
diabetic retinopathy. He holds a Class A
limited operating, monitoring and to the platform surface. After removal of the
CDL from Massachusetts.
medical requirements that are deemed load, the handrail must exhibit no permanent
Fredrick J. Young medically necessary. FMCSA concluded deformation.
Mr. Young, 37, has had ITDM since that all of the operating, monitoring and In addition, S6.4.9.9 of FMVSS No. 403
2005. His endocrinologist examined him medical requirements set out in the requires:
in 2005 and certified that he has had no September 3, 2003 Notice, except as
modified, were in compliance with When tested in accordance with S7.12.2,
hypoglycemic reactions resulting in loss each handrail must withstand 1,112 N (250
of consciousness, requiring the section 4129(d). Therefore, all of the
lbf) applied at any point and in any direction
assistance of another person, or requirements set out in the September 3, on the handrail without sustaining any
resulting in impaired cognitive function 2003 Notice, except as modified in the failure, such as cracking, separation, fracture,
that occurred without warning in the Notice in the Federal Register on or more than 100 mm (4 inches) of
past 5 years; understands diabetes November 8, 2005 (70 FR 67777), displacement of any point on the handrails
hsrobinson on PROD1PC76 with NOTICES

management and monitoring; and has remain in effect. relative to the platform surface.
stable control of his diabetes using The noncompliant lifts do not meet the
1 Section 4129(a) refers to the 2003 Notice as a
insulin, and is able to drive a CMV displacement requirements of S6.4.9.7
‘‘final rule.’’ However, the 2003 Notice did not issue
safely. Mr. Young meets the a ‘‘final rule,’’ but did establish the procedures and and S6.4.9.9.
requirements of the vision standard at standards for issuing exemptions for drivers with Braun believes that the
49 CFR 391.41(b)(10). His optometrist ITDM. noncompliance is inconsequential to

VerDate Aug<31>2005 21:31 Dec 12, 2006 Jkt 211001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\13DEN1.SGM 13DEN1

You might also like