Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Notices 25919 

presumed ocular histoplasmosis. The 

best corrected visual acuity in his right 

eye is 20/300 and in his left eye, 20/20. 

Following an examination in 2009, his 

optometrist noted, ‘‘It is my opinion that 

he has sufficient vision to safely operate 

a commercial vehicle across interstate 

borders.’’ Mr. Rankin reported that he 

has driven straight trucks for 4 years, 

accumulating 60,000 miles, and tractortrailer combinations for 3 years, 

accumulating 37,500 miles. He holds a 

Class A CDL from Ohio. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Jacob H. Riggle 

Mr. Riggle, 48, has had macular 

scarring in his right eye since 1999. The 

best corrected visual acuity in his right 

eye is 20/400 and in his left eye, 20/20. 

Following an examination in 2009, his 

optometrist noted, ‘‘In my opinion, Mr. 

Riggle shows to have sufficient vision to 

perform the driving tasks required for a 

commercial driver license.’’ Mr. Riggle 

reported that he has driven straight 

trucks for 28 years, accumulating 2.3 

million miles, and tractor-trailer 

combinations for 28 years, accumulating 

2.5 million miles. He holds a Class A 

CDL from Oklahoma. His driving record 

for the last 3 years shows no crashes and 

no convictions for moving violations in 

a CMV. 

Terry L. Rubendall 

Mr. Rubendall, 54, has had complete 

loss of vision in his left eye since 

childhood due to a congenital left 

orbital tumor. The best corrected visual 

acuity in his right eye is 20/15. 

Following an examination in 2009, his 

optometrist noted, ‘‘It is my professional 

opinion that Terry has sufficient vision 

to perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Rubendall reported that he has driven 

straight trucks for 29 years, 

accumulating 1.4 million miles, tractortrailer combinations for 15 years, 

accumulating 75,000 miles, and buses 

for 5 years, accumulating 5,000 miles. 

He holds a Class A CDL from 

Pennsylvania. His driving record for the 

last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Michael L. Skeens 

Mr. Skeens, 39, has had a prosthetic 

left eye since childhood. The best 

corrected visual acuity in his right eye 

is 20/20. Following an examination in 

2010, his ophthalmologist noted, ‘‘I, Dr. 

Jeffrey Bunning, certify in my medical 

opinion that Mr. Skeens has sufficient 

vision to perform all driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Skeens reported that he 

has driven straight trucks for 13 years, 

accumulating 416,000 miles, and 

tractor-trailer combinations for 31⁄2; 

years, accumulating 35,000 miles. He 

holds a Class A CDL from Virginia. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Lee F. Taylor 

Mr. Taylor, 54, has had amblyopia in 

his left eye since birth. The best 

corrected visual acuity in his right eye 

is 20/20 and in his left eye, 20/70. 

Following an examination in 2009, his 

ophthalmologist noted, ‘‘In my medical 

opinion, Lee Taylor has sufficient vision 

to perform the required tasks to operate 

a commercial vehicle.’’ Mr. Taylor 

reported that he has driven straight 

trucks for 19 years, accumulating 

855,000 miles, and tractor-trailer 

combinations for 19 years, accumulating 

1 million miles. He holds a Class A CDL 

from New Jersey. His driving record for 

the last 3 years shows no crashes and 

one conviction for a moving violation in 

a CMV. He failed to obey a traffic 

control device. 

Aaron E. Wright 

Mr. Wright, 42, has had amblyopia 

and optic nerve damage in his right eye 

since 1994. The best corrected visual 

acuity in his right eye is 20/400 and in 

his left eye, 20/20. Following an 

examination in 2010, his optometrist 

noted, ‘‘Mr. Wright has sufficient vision 

to perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Wright reported that he has driven 

straight trucks for 2 years, accumulating 

16,000 miles, and tractor-trailer 

combinations for 3 years, accumulating 

315,000 miles. He holds a Class A CDL 

from Michigan. His driving record for 

the last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Michael A. Zingarella, Sr. 

Mr. Zingarella, 39, has had amblyopia 

and strabismus in his left eye since 

childhood. The best corrected visual 

acuity in his right eye is 20/20 and in 

his left eye, count-finger vision. 

Following an examination in 2010, his 

optometrist noted, ‘‘It is my medical 

opinion that Mr. Zingarella has more 

than sufficient vision to perform the 

tasks required to operate a commercial 

vehicle.’’ Mr. Zingarella reported that he 

has driven straight trucks for 13 years, 

accumulating 650,000 miles. He holds a 

Class D operator’s license from 

Connecticut. His driving record for the 

last 3 years shows no crashes and one 

conviction for a moving violation in a 

CMV. He failed to use the proper signal 

while changing lanes. 

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. The Agency will consider all 

comments received before the close of 

business June 9, 2010. Comments will 

be available for examination in the 

docket at the location listed under the 

ADDRESSES section of this notice. The 

Agency will file comments received 

after the comment closing date in the 

public docket, and will consider them to 

the extent practicable. 

In addition to late comments, FMCSA 

will also continue to file, in the public 

docket, relevant information that 

becomes available after the comment 

closing date. Interested persons should 

monitor the public docket for new 

material. 

Issued on: April 23, 2010. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. 2010–10941 Filed 5–7–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket ID FMCSA–2010–0083] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA). 

ACTION: Notice of applications for 

exemptions from the diabetes mellitus 

standard; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 33 individuals for 

exemptions from the prohibition for 

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 June 9, 2010. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2010–0083 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 


jlentini on DSKJ8SOYB1PROD with NOTICES
25920 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Notices 

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 selfaddressed, 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://www.regulations.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 statute also 

allows the Agency to renew exemptions 

at the end of the 2-year period. The 33 

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 

CMV 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 

Spencer W. Alexander 

Mr. Alexander, age 28, has had ITDM 

since 1993. His endocrinologist 

examined him in 2009 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 

mellitus using insulin, and is able to 

drive a CMV safely. Mr. Alexander 

meets the requirements of the vision 

standard at 49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2009 

and certified that he does not have 

diabetic retinopathy. He holds a Class D 

operator’s license from Utah. 

Nelson Alvarez 

Mr. Alvarez, 44, has had ITDM since 

2009. His endocrinologist examined him 

in 2009 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Alvarez meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2009 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

Commercial Driver’s license (CDL) from 

Massachusetts. 

Cody R. Anderson 

Mr. Anderson, 26, has had ITDM 

since 1999. His endocrinologist 

examined him in 2009 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 

mellitus 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 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class D operator’s license 

from Montana. 

Ronnie L. Barker 

Mr. Barker, 53, has had ITDM since 

2009. His endocrinologist examined him 

in 2009 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Barker meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class C operator’s license 

from Georgia. 

Eric D. Benham 

Mr. Benham, 21, has had ITDM since 

2005. His endocrinologist examined him 

in 2009 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Benham meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a chauffeur’s license from 

Indiana. 

Brian C. Blevins 

Mr. Blevins, 23, has had ITDM since 

2005. His endocrinologist examined him 

in 2009 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Blevins meets the 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Notices 25921 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from Virginia. 

Charles E. Bonner, Sr. 

Mr. Bonner, 62, has had ITDM since 

1982. His endocrinologist examined him 

in 2009 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Bonner meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2009 

and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class A CDL from Maryland. 

Michael J. Brieske 

Mr. Brieske, 50, has had ITDM since 

1990. His endocrinologist examined him 

in 2009 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Brieske meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds an operator’s license from 

Washington. 

Frederick Brown 

Mr. Brown, 59, has had ITDM since 

1998. His endocrinologist examined him 

in 2010 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 mellitus 

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 

ophthalmologist examined him in 2010 

and certified that he does not have 

diabetic retinopathy. He holds a Class B 

CDL from New Mexico. 

William D. Elam, Jr. 

Mr. Elam, 37, has had ITDM since 

2006. His endocrinologist examined him 

in 2009 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Elam meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from Illinois. 

Devin S. Gibson 

Mr. Gibson, 49, has had ITDM since 

1996. His endocrinologist examined him 

in 2009 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Gibson 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 Utah. 

Lewis M. Hendershott 

Mr. Hendershott, 60, has had ITDM 

since 2004. His endocrinologist 

examined him in 2010 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 

mellitus using insulin, and is able to 

drive a CMV safely. Mr. Hendershott 

meets the requirements of the vision 

standard at 49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2009 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from New Jersey. 

Mark E. Henning 

Mr. Henning, 51, has had ITDM since 

1990. His endocrinologist examined him 

in 2010 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Henning 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. 

Duane C. Jackson 

Mr. Jackson, 63, has had ITDM since 

2000. His endocrinologist examined him 

in 2009 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Jackson 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. 

John J. Long 

Mr. Long, 49, has had ITDM since 

2007. His endocrinologist examined him 

in 2009 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Long meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from California. 

Jerry A. McMurdy 

Mr. McMurdy, 70, has had ITDM 

since 2009. His endocrinologist 

examined him in 2010 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 

mellitus using insulin, and is able to 

drive a CMV safely. Mr. McMurdy meets 


jlentini on DSKJ8SOYB1PROD with NOTICES
25922 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Notices 

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 

Pennsylvania. 

Steven L. Miller 

Mr. Miller, 52, has had ITDM since 

2009. His endocrinologist examined him 

in 2009 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Miller meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from North 

Dakota. 

Joe E. Montoya 

Mr. Montoya, 73, has had ITDM since 

2004. His endocrinologist examined him 

in 2009 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Montoya 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 New 

Mexico. 

Jonathan A. Morisoli 

Mr. Morisoli, 32, has had ITDM since 

2009. His endocrinologist examined him 

in 2010 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Morisoli 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 California. 

Timothy J. Nowak 

Mr. Nowak, 46, has had ITDM since 

1996. His endocrinologist examined him 

in 2010 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Nowak 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. 

Lawrence W. Patterson, Jr. 

Mr. Patterson, 57, has had ITDM since 

2005. His endocrinologist examined him 

in 2009 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Patterson meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2009 

and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class A CDL from Missouri. 

Peter J. Pendola 

Mr. Pendola, 36, has had ITDM since 

2008. His endocrinologist examined him 

in 2009 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Pendola meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2009 

and certified that he does not have 

diabetic retinopathy. He holds an 

operator’s license from Virginia. 

Frederick E. Robinson 

Mr. Robinson, 63, has had ITDM since 

2002. His endocrinologist examined him 

in 2009 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Robinson meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2009 

and certified that he does not have 

diabetic retinopathy. He holds a Class B 

CDL from New Jersey. 

Larry D. Schweisberger 

Mr. Schweisberger, 57, has had ITDM 

since 2002. His endocrinologist 

examined him in 2009 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 

mellitus using insulin, and is able to 

drive a CMV safely. Mr. Schweisberger 

meets the requirements of the vision 

standard at 49 CFR 391.41(b)(10). His 

optometrist examined him in 2009 and 

certified that he does not have diabetic 

retinopathy. He holds a Class B CDL 

from Missouri. 

Joseph C. Shaw 

Mr. Shaw, 61, has had ITDM since 

2010. His endocrinologist examined him 

in 2010 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Shaw meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2010 

and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class A CDL from Indiana. 

Michael Shuler 

Mr. Shuler, 39, has had ITDM since 

2005. His endocrinologist examined him 

in 2009 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 mellitus 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Notices 25923 

1Section 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. 

using insulin, and is able to drive a 

CMV safely. Mr. Shuler meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2009 

and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class D operator’s license 

from Washington, D.C. 

Kevin C. Simerick 

Mr. Simerick, 27, has had ITDM since 

1988. His endocrinologist examined him 

in 2009 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Simerick 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 an operator’s license from 

Michigan. 

Matthew E. Sipel 

Mr. Sipel, 37, has had ITDM since 

2002. His endocrinologist examined him 

in 2009 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Sipel 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 

Pennsylvania. 

Michael S. Tanko 

Mr. Tanko, 53, has had ITDM since 

2007. His endocrinologist examined him 

in 2010 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Tanko 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 R operator’s license 

from Colorado, which allows him to 

operate any motor vehicle with a gross 

weight of less than 26,001 pounds. 

James P. Tomasik 

Mr. Tomasik, 23, has had ITDM since 

2006. His endocrinologist examined him 

in 2010 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Tomasik 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 

Pennsylvania. 

Leonard D. Tournear 

Mr. Tournear, 53, has had ITDM since 

2009. His endocrinologist examined him 

in 2010 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Tournear meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from Illinois. 

Booker T. Ware 

Mr. Ware, 60, has had ITDM since 

2009. His endocrinologist examined him 

in 2010 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Ware 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 

Mississippi. 

Joseph H. Watkins 

Mr. Watkins, 57, has had ITDM since 

2009. His endocrinologist examined him 

in 2010 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 mellitus 

using insulin, and is able to drive a 

CMV safely. Mr. Watkins meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from Indiana. 

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 (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). 

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). 


jlentini on DSKJ8SOYB1PROD with NOTICES
25924 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Notices 

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. 

Issued on: April 26, 2010. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. 2010–10942 Filed 5–7–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2010 0050] 

Requested Administrative Waiver of 

the Coastwise Trade Laws 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Invitation for public comments 

on a requested administrative waiver of 

the Coastwise Trade Laws for the vessel 

CONTINGENCY. 

SUMMARY: As authorized by 46 U.S.C. 

12121, the Secretary of Transportation, 

as represented by the Maritime 

Administration (MARAD), is authorized 

to grant waivers of the U.S.-build 

requirement of the coastwise laws under 

certain circumstances. A request for 

such a waiver has been received by 

MARAD. The vessel, and a brief 

description of the proposed service, is 

listed below. The complete application 

is given in DOT docket MARAD–2010– 

0050 at http://www.regulations.gov. 

Interested parties may comment on the 

effect this action may have on U.S. 

vessel builders or businesses in the U.S. 

that use U.S.-flag vessels. If MARAD 

determines, in accordance with 46 

U.S.C. 12121 and MARAD’s regulations 

at 46 CFR part 388 (68 FR 23084; April 

30, 2003), that the issuance of the 

waiver will have an unduly adverse 

effect on a U.S.-vessel builder or a 

business that uses U.S.-flag vessels in 

that business, a waiver will not be 

granted. Comments should refer to the 

docket number of this notice and the 

vessel name in order for MARAD to 

properly consider the comments. 

Comments should also state the 

commenter’s interest in the waiver 

application, and address the waiver 

criteria given in § 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

DATES: Submit comments on or before 

June 9, 2010. 

ADDRESSES: Comments should refer to 

docket number MARAD–2010–0050. 

Written comments may be submitted by 

hand or by mail to the Docket Clerk, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. You may also 

send comments electronically via the 

Internet at http://www.regulations.gov 

http://smses.dot.gov/submit/. All 

comments will become part of this 

docket and will be available for 

inspection and copying at the above 

address between 10 a.m. and 5 p.m., 

E.T., Monday through Friday, except 

federal holidays. An electronic version 

of this document and all documents 

entered into this docket is available on 

the World Wide Web at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joann Spittle, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue, SE., Room W21–203, 

Washington, DC 20590. Telephone 202– 

366–5979. 

SUPPLEMENTARY INFORMATION: 

As described by the applicant the 

intended service of the vessel 

CONTINGENCY is: 

Intended Commercial Use of Vessel: 

‘‘Sailboat offered for limited number of 

charters.’’ 

Geographic Region: ‘‘Maine, New 

Hampshire, Massachusetts, Rhode 

Island, Connecticut, New York, New 

Jersey, Maryland, Florida, Louisiana, 

U.S. Virgin Islands.’’ 

Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

By Order of the Maritime Administrator. 

Christine Gurland, 

Secretary, Maritime Administration. 

[FR Doc. 2010–10904 Filed 5–7–10; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD 2010 0045] 

Requested Administrative Waiver of 

the Coastwise Trade Laws 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Invitation for public comments 

on a requested administrative waiver of 

the Coastwise Trade Laws for the vessel 

GENO IV. 

SUMMARY: As authorized by 46 U.S.C. 

12121, the Secretary of Transportation, 

as represented by the Maritime 

Administration (MARAD), is authorized 

to grant waivers of the U.S.-build 

requirement of the coastwise laws under 

certain circumstances. A request for 

such a waiver has been received by 

MARAD. The vessel, and a brief 

description of the proposed service, is 

listed below. The complete application 

is given in DOT docket MARAD–2010– 

0045 at http://www.regulations.gov. 

Interested parties may comment on the 

effect this action may have on U.S. 

vessel builders or businesses in the U.S. 

that use U.S.-flag vessels. If MARAD 

determines, in accordance with 46 

U.S.C. 12121 and MARAD’s regulations 

at 46 CFR part 388 (68 FR 23084; April 

30, 2003), that the issuance of the 

waiver will have an unduly adverse 

effect on a U.S.-vessel builder or a 

business that uses U.S.-flag vessels in 

that business, a waiver will not be 

granted. Comments should refer to the 

docket number of this notice and the 

vessel name in order for MARAD to 

properly consider the comments. 

Comments should also state the 

commenter’s interest in the waiver 

application, and address the waiver 

criteria given in § 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

DATES: Submit comments on or before 

June 9, 2010. 

ADDRESSES: Comments should refer to 

docket number MARAD–2010–0045. 

Written comments may be submitted by 

hand or by mail to the Docket Clerk, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. You may also 

send comments electronically via the 

Internet at http://www.regulations.gov 

http://smses.dot.gov/submit/. All 

comments will become part of this 

docket and will be available for 

inspection and copying at the above 

address between 10 a.m. and 5 p.m., 

E.T., Monday through Friday, except 


jlentini on DSKJ8SOYB1PROD with NOTICES