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 


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