28684 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices 

driving in congested urban areas 

exposes the driver to more pedestrian 

and vehicular traffic than exists on 

interstate highways. Faster reaction to 

traffic and traffic signals is generally 

required because distances between 

them are more compact. These 

conditions tax visual capacity and 

driver response just as intensely as 

interstate driving conditions. The 

veteran drivers in this proceeding have 

operated CMVs safely under those 

conditions for at least 3 years, most for 

much longer. Their experience and 

driving records lead us to believe that 

each applicant is capable of operating in 

interstate commerce as safely as he/she 

has been performing in intrastate 

commerce. Consequently, FMCSA finds 

that exempting these applicants from 

the vision standard in 49 CFR 

391.41(b)(10) is likely to achieve a level 

of safety equal to that existing without 

the exemption. For this reason, the 

Agency is granting the exemptions for 

the 2-year period allowed by 49 U.S.C. 

31136(e) and 31315 to the 19 applicants 

listed in the notice of March 26, 2010 

(75 FR 14656). 

We recognize that the vision of an 

applicant may change and affect his/her 

ability to operate a CMV as safely as in 

the past. As a condition of the 

exemption, therefore, FMCSA will 

impose requirements on the 19 

individuals consistent with the 

grandfathering provisions applied to 

drivers who participated in the 

Agency’s vision waiver program. 

Those requirements are found at 49 

CFR 391.64(b) and include the 

following: (1) That each individual be 

physically examined every year (a) by 

an ophthalmologist or optometrist who 

attests that the vision in the better eye 

continues to meet the standard in 49 

CFR 391.41(b)(10), and (b) by a medical 

examiner who attests that the individual 

is otherwise physically qualified under 

49 CFR 391.41; (2) that each individual 

provide a copy of the ophthalmologist’s 

or optometrist’s report to the medical 

examiner at the time of the annual 

medical examination; and (3) that each 

individual provide a copy of the annual 

medical certification to the employer for 

retention in the driver’s qualification 

file, or keep a copy in his/her driver’s 

qualification file if he/she is selfemployed. The driver must also have a 

copy of the certification when driving, 

for presentation to a duly authorized 

Federal, State, or local enforcement 

official. 

Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

Conclusion 

Based upon its evaluation of the 19 

exemption applications, FMCSA 

exempts, Dean R. Allen, Donald C. 

Butler, Alan R. Fontaine, Malcolm R. 

Heins, Mark Hill, Herbert C. Hirsch, 

Michael D. Kilgore, Joseph J. Kushak, 

Louis C. Lee, Jason T. Montoya, Doug L. 

Norman, Richard W. Pierce, Christopher 

A. Reineck, Carroll R. Rogers, Kevin L. 

Routin, Lane L. Savoie, Richard G. 

Schumacher, Scott E. Tussey and Todd 

V. Welch from the vision requirement in 

49 CFR 391.41(b)(10), subject to the 

requirements cited above (49 CFR 

391.64(b)). 

In accordance with 49 U.S.C. 31136(e) 

and 31315, each exemption will be valid 

for 2 years unless revoked earlier by 

FMCSA. The exemption will be revoked 

if: (1) The person fails to comply with 

the terms and conditions of the 

exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained before it was granted; or 

(3) continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136 and 31315. 

If the exemption is still effective at the 

end of the 2-year period, the person may 

apply to FMCSA for a renewal under 

procedures in effect at that time. 

Issued on: May 12, 2010. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. 2010–12187 Filed 5–20–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2010–0051] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt twenty-seven 

individuals from its rule prohibiting 

persons with insulin-treated diabetes 

mellitus (ITDM) from operating 

commercial motor vehicles (CMVs) in 

interstate commerce. The exemptions 

will enable these individuals to operate 

CMVs in interstate commerce. 

DATES: The exemptions are effective 

May 21, 2010. The exemptions expire 

on May 21, 2012. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, Room 

W64–224, Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. Office hours are from 8:30 a.m. to 

5 p.m., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at: http:// 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.gov and/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. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of DOT’s 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, or 

other entity). You may review DOT’s 

complete Privacy Act Statement in the 

Federal Register (65 FR 19477, Apr. 11, 

2000). This statement is also available at 

http://www.regulations.gov. 

Background 

On March 26, 2010, FMCSA 

published a Notice of receipt of Federal 

diabetes exemption applications from 

twenty-seven individuals and requested 

comments from the public (75 FR 

14652). The public comment period 

closed on April 26, 2010 and no 

comments were received. 

FMCSA has evaluated the eligibility 

of the twenty-seven applicants and 

determined that granting the 

exemptions to these individuals would 

achieve a level of safety equivalent to, 

or greater than, the level that would be 

achieved by complying with the current 

regulation 49 CFR 391.41(b)(3). 

Diabetes Mellitus and Driving 

Experience of the Applicants 

The Agency established the current 

standard for diabetes in 1970 because 

several risk studies indicated that 

diabetic drivers had a higher rate of 

crash involvement than the general 

population. The diabetes rule provides 

that ‘‘A person is physically qualified to 

drive a commercial motor vehicle if that 

person has no established medical 

history or clinical diagnosis of diabetes 

mellitus currently requiring insulin for 

control’’ (49 CFR 391.41(b)(3)). 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices 28685 

FMCSA established its diabetes 

exemption program, based on the 

Agency’s July 2000 study entitled ‘‘A 

Report to Congress on the Feasibility of 

a Program to Qualify Individuals with 

Insulin-Treated Diabetes Mellitus to 

Operate in Interstate Commerce as 

Directed by the Transportation Act for 

the 21st Century.’’ The report concluded 

that a safe and practicable protocol to 

allow some drivers with ITDM to 

operate CMVs is feasible. The 

September 3, 2003 (68 FR 52441) 

Federal Register Notice in conjunction 

with the November 8, 2005 (70 FR 

67777) Federal Register Notice provides 

the current protocol for allowing such 

drivers to operate CMVs in interstate 

commerce. 

These twenty-seven applicants have 

had ITDM over a range of 1 to 33 years. 

These applicants report no 

hypoglycemic reaction that resulted in 

loss of consciousness or seizure, that 

required the assistance of another 

person, or resulted in impaired 

cognitive function without warning 

symptoms in the past 5 years (with one 

year of stability following any such 

episode). In each case, an 

endocrinologist verified that the driver 

has demonstrated a willingness to 

properly monitor and manage his/her 

diabetes mellitus, received education 

related to diabetes management, and is 

on a stable insulin regimen. These 

drivers report no other disqualifying 

conditions, including diabetes-related 

complications. Each meets the vision 

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

The qualifications and medical 

condition of each applicant were stated 

and discussed in detail in the March 26, 

2010, Federal Register Notice therefore, 

they will not be repeated in this Notice. 

Basis for Exemption Determination 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption from 

the diabetes standard in 49 CFR 

391.41(b)(3) if the exemption is likely to 

achieve an equivalent or greater level of 

safety than would be achieved without 

the exemption. The exemption allows 

the applicants to operate CMVs in 

interstate commerce. 

To evaluate the effect of these 

exemptions on safety, FMCSA 

considered medical reports about the 

applicants’ ITDM and vision, and 

reviewed the treating endocrinologists’ 

medical opinion related to the ability of 

the driver to safely operate a CMV while 

using insulin. 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the diabetes standard in 49 CFR 

391.41(b)(3) is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

Conditions and Requirements 

The terms and conditions of the 

exemption will be provided to the 

applicants in the exemption document 

and they include the following: (1) That 

each individual submit a quarterly 

monitoring checklist completed by the 

treating endocrinologist as well as an 

annual checklist with a comprehensive 

medical evaluation; (2) that each 

individual reports within 2 business 

days of occurrence, all episodes of 

severe hypoglycemia, significant 

complications, or inability to manage 

diabetes; also, any involvement in an 

accident or any other adverse event in 

a CMV or personal vehicle, whether or 

not it is related to an episode of 

hypoglycemia; (3) that each individual 

provide a copy of the ophthalmologist’s 

or optometrist’s report to the medical 

examiner at the time of the annual 

medical examination; and (4) that each 

individual provide a copy of the annual 

medical certification to the employer for 

retention in the driver’s qualification 

file, or keep a copy in his/her driver’s 

qualification file if he/she is selfemployed. The driver must also have a 

copy of the certification when driving, 

for presentation to a duly authorized 

Federal, State, or local enforcement 

official. 

Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

Conclusion 

Based upon its evaluation of the 

twenty-seven exemption applications, 

FMCSA exempts, Jason H. Altenberger, 

Shawn P. Amaro, Berry Anderson, 

James R. Atkinson, Alladin J. Butler, 

Carlos V. Candelaria, James R. Crawford, 

Alan Curtis, Benny DeVizio, Jimmy W. 

Dotson, Arden A. Endrek, David B. Flaa, 

James W. Gordon, Eldon L. Janssen, 

Frank Katzbeck, James K. Libke, Joseph 

R. Marcelewski, Daniel R. McBride, 

John A. Mohr, William O. Ruiz, Harold 

D. Russman, Hector Sanchez, Robert L. 

Staats, Christopher Stargill, Kevin L. 

Upmann, Bob E. Vacek and Mathew G. 

Williams, from the ITDM standard in 49 

CFR 391.41(b)(3), subject to the 

conditions listed under ‘‘Conditions and 

Requirements’’ above. 

In accordance with 49 U.S.C. 31136(e) 

and 31315 each exemption will be valid 

for two years unless revoked earlier by 

FMCSA. The exemption will be revoked 

if: (1) The person fails to comply with 

the terms and conditions of the 

exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained before it was granted; or 

(3) continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136(e) and 

31315. If the exemption is still effective 

at the end of the 2-year period, the 

person may apply to FMCSA for a 

renewal under procedures in effect at 

that time. 

Issued on: May 13, 2010. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. 2010–12188 Filed 5–20–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE TREASURY 

Office of Thrift Supervision 

[AC–39: OTS Nos. H–2944 and H–4701] 

Oritani Financial Corp., MHC, 

Township of Washington, NJ; Approval 

of Conversion Application 

Notice is hereby given that on May 10, 

2010, the Office of Thrift Supervision 

approved the application of Oritani 

Financial Corp., MHC, and Oritani 

Bank, Township of Washington, New 

Jersey, to convert to the stock form of 

organization. Copies of the application 

are available for inspection by 

appointment (phone number: 202–906– 

5922 or e-mail 

Public.Info@OTS.Treas.gov) at the 

Public Reading Room, 1700 G Street, 

NW., Washington, DC 20552, and the 

OTS Northeast Regional Office, 

Harborside Financial Center Plaza Five, 

Suite 1600, Jersey City, New Jersey 

07311. 

Dated: May 17, 2010. 

By the Office of Thrift Supervision. 

Sandra E. Evans, 

Federal Register Liaison. 

[FR Doc. 2010–12117 Filed 5–20–10; 8:45 am] 

BILLING CODE 6720–01–M 

DEPARTMENT OF THE TREASURY 

Office of Thrift Supervision 

[AC–41: OTS Nos. 04983, H–3879, and H– 

4714] 

Colonial Bankshares, MHC, Vineland, 

NJ; Approval of Conversion 

Application 

Notice is hereby given that on May 14, 

2010, the Office of Thrift Supervision 

approved the application of Colonial 

Bankshares, MHC, and Colonial Bank, 

Vineland, New Jersey, to convert to the 

stock form of organization. Copies of the 

application are available for inspection 


emcdonald on DSK2BSOYB1PROD with NOTICES