Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices 28677 

for extension, received input from only 

one dealer. 

Also, MBUSA did not make it 

possible for NHTSA to evaluate its 

suggested claims of potential safety 

benefits of its flashing stop lamp system 

because its application for renewal and 

the data provided to NHTSA to date 

does not clearly identify how it will 

appropriately track applicable rear end 

collisions in the United States, and does 

not include an explanation of the 

comparisons cited in its application. 

Without definitions of the comparison 

groups, raw data, and a description of 

the calculations made, the MBUSA 

claim of potential safety benefits is not 

supported. 

Moreover, even if MBUSA were to 

develop a more robust evaluation 

program, it is not clear how the 

additional vehicles produced as a result 

of an extended exemption would 

provide significant additional data on 

safety benefits of flashing stop lamps. 

As indicated above, MBUSA stated in 

its recent comments that the data 

available in the United States cannot, 

due to the limited numbers of vehicles 

that can be sold under a temporary 

exemption, statistically support in just a 

few years an analysis showing the 

number of crashes avoided because 

drivers were alerted to an emergency 

situation through flashing stop lamps. 

The petitioner argued that the 

agency’s decision should not be based 

on whether the exemption would create 

a database that can conclusively 

demonstrate a statistical benefit, but 

NHTSA should instead base its decision 

on being able to contribute to the 

growing body of international data with 

experience from the United States. It 

stated that while the data set will be 

necessarily small because of the 

regulatory limitations, the experience is 

necessary to show that the limited 

exposure in the United States remains 

consistent with the more robust 

experience found in other markets. 

However, MBUSA has already sold 

approximately 4700 vehicles with 

flashing stop lamps in the United States 

during the pendency of the existing 

exemption, and it has not provided any 

specific explanation as to how a two 

year extension resulting in potentially 

up to 5000 additional vehicles in this 

country would result in significant 

additional meaningful data concerning 

safety benefits of flashing brake lamps. 

Also, it is unclear how extending the 

exemption in this country would 

facilitate the analysis of the German 

data, especially given the difference in 

the sizes of the relevant vehicle 

populations. 

MBUSA also mentioned the fact that 

the flashing stop lamp signaling system 

is permitted in Europe in support of an 

extension of its temporary exemption 

from S5.5.10 of FMVSS No. 108. While 

NHTSA is always interested in actions 

taken in other parts of the world, there 

is nothing presented in MBUSA’s 

request for renewal relating to safety 

benefits and crash reduction data 

provided to the European regulatory 

authorities. We note the data from 

Germany referenced in MBUSA’s 

renewal request is not any more 

effective in shedding light on the 

effectiveness of the flashing stop lamp 

signaling system in preventing rear end 

collisions. The request notes that the 

‘‘GIDAS database’’, which includes 

‘‘about 1,000 in depth crash 

investigations each year’’ thus far has 

not included investigations of vehicles 

equipped with the flashing stop lamp 

signaling system. No conclusion can be 

drawn from this fact. The request 

indicated that crash statistics have been 

received for 2005 and 2006 from the 

Federal Statistical Office. The crash data 

is ‘‘subject to a significant degree of 

statistical scatter,’’ MBUSA says, but 

maintains the data ‘‘shows a decrease of 

rear impacts compared to other 

Mercedes-Benz passenger cars, and an 

experience for 2006 that shows a slight 

increase in rear impacts but which is 

also comparable to the experience with 

the control group without the feature.’’ 

Again, this information is 

inconclusive. There is no indication of 

the sample size involved and the 

number of crashes on which MBUSA 

makes its assertions as to the impact of 

the flashing stop lamp signaling system. 

The agency does not know what 

MBUSA means when it says the crash 

data is subject to a ‘‘significant degree of 

statistical scatter’’ and the impact it has 

on the conclusion suggested by MBUSA 

or the likelihood that the larger sample 

will be enough for statistically 

significant conclusions. 

MBUSA also argued that flashing stop 

lamps can contribute to the reduction of 

crashes associated with distracted 

driving, and that continuing the 

exemption would contribute to this 

objective. However, while NHTSA is 

interested in potential safety benefits of 

enhanced rear signaling, MBUSA has 

not shown how extending the 

exemption would result in significant 

meaningful data concerning safety 

benefits of flashing stop lamps. 

After considering the available 

information, we have concluded that 

MBUSA has not provided adequate 

justification for renewal of the 

exemption. It has not shown that the 

additional field data that would be 

obtained as a result of a renewed 

exemption would enhance, in a 

meaningful way, NHTSA’s ability to 

make more informed decisions 

concerning anticipated benefits of 

flashing brake lamps. Moreover, as 

noted earlier, some of the benefits 

associated with signal lamps relate to 

standardization. We have therefore 

concluded that it would not be in public 

interest to renew this exemption, and 

we are denying the application. 

In order to allow MBUSA adequate 

time to make the necessary production 

changes, we are making this decision to 

deny the request effective 60 days after 

publication of this notice. 

Issued: May 17, 2010. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. 2010–12190 Filed 5–20–10; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket ID FMCSA–2010–0115] 

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 37 individuals for 

exemptions from the prohibition against 

persons with insulin-treated diabetes 

mellitus (ITDM) operating commercial 

motor vehicles (CMVs) in interstate 

commerce. If granted, the exemptions 

would enable these individuals with 

ITDM to operate CMVs in interstate 

commerce. 

DATES: Comments must be received on 

or before June 21, 2010. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2010–0115 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

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

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, 


emcdonald on DSK2BSOYB1PROD with NOTICES
28678 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices 

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 acknowledgement 

page that appears after submitting 

comments on-line. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or of the person signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review 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 37 

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 

Billy Banks 

Mr. Banks, age 45, has had ITDM 

since 1999. 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. Banks meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2010 

and certified that he has stable 

proliferative diabetic retinopathy. He 

holds a Class E operator’s license from 

New York which allows him to operate 

a vehicle with a gross vehicle weight 

rating (GVWR) of 26,000 lbs. 

Joseph P. Beagan 

Mr. Beagan, 45, has had ITDM since 

1979. 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. Beagan 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 

10 operator’s license from Rhode Island, 

which allows him to operate any motor 

vehicle except a motorcycle and a 

vehicle that weighs more than 26,000 

pounds. 

John M. Charlton 

Mr. Charlton, 34, 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. Charlton 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 Commercial Driver’s 

License (CDL) from Utah. 

Stuart A. Dietz 

Mr. Dietz, 60, 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. Dietz 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 Kansas. 

Marie C. Eddy 

Ms. Eddy, 50, has had ITDM since 

1991. Her endocrinologist examined her 

in 2009 and certified that she 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 her diabetes mellitus 

using insulin, and is able to drive a 

CMV safely. Ms. Eddy meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). Her 

ophthalmologist examined her in 2009 

and certified that she has stable 

nonproliferative diabetic retinopathy. 

She holds a Class D operator’s license 

from Vermont. 

Michael G. Eikenberry 

Mr. Eikenberry, 55, 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. Eikenberry 

meets the requirements of the vision 

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

optometrist examined him in 2009 and 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices 28679 

certified that he does not have diabetic 

retinopathy. He holds a Class A CDL 

from Indiana. 

Francisco K. Gallardo 

Mr. Gallardo, 50, has had ITDM since 

2005. 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. Gallardo 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 Arizona. 

John P. Gould 

Mr. Gould, 44, has had ITDM since 

1982. 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. Gould meets the 

requirements of the vision standard at 

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

examined him in 2010 and certified that 

he does not have diabetic retinopathy. 

He holds a Class D operator’s license 

from Alaska. 

David B. Graef 

Mr. Graef, 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. Graef 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 Indiana. 

Jason C. Green 

Mr. Green, 35, 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. Green 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 Mississippi, which allows him to 

drive any non-commercial vehicle 

except motorcycles. 

Kimmy D. Hall 

Mr. Hall, 51, has had ITDM since 

1983. 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. Hall 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 B CDL from Arkansas. 

Bruce G. Hammill, Jr. 

Mr. Hammill, 32, has had ITDM since 

2008. 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. Hammill 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 California. 

Edward G. Harbin 

Mr. Harbin, 29, 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. Harbin 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 Arkansas. 

Timothy R. Hefling 

Mr. Hefling, 48, 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. Hefling 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 

proliferative diabetic retinopathy. He 

holds a Class A CDL from Indiana. 

Christopher M. Hultman 

Mr. Hultman, 29, has had ITDM since 

1993. 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. Hultman 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 Wisconsin. 

Michael R. Jackson 

Mr. Jackson, 48, 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 


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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 2 

operator’s license from Connecticut. 

Gerald A. Johnson 

Mr. Johnson, 48, has had ITDM since 

2008. 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. Johnson meets the 

requirements of the vision standard at 

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

examined him in 2010 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from 

Wisconsin. 

Jay T. Kirschmann 

Mr. Kirschmann, 32, has had ITDM 

since 1985. 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. Kirschmann 

meets the requirements of the vision 

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

optometrist examined him in 2010 and 

certified that he does not have diabetic 

retinopathy. He holds a Class D 

operator’s license from North Dakota. 

Duane K. Kohls 

Mr. Kohls, 55, has had ITDM since 

1997. 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. Kohls 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 

Minnesota. 

John F. Lohmuller 

Mr. Lohmuller, 55, 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. Lohmuller 

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 Indiana. 

Rodney A. Markham 

Mr. Markham, 54, 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. Markham meets the 

requirements of the vision standard at 

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

examined him in 2010 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from 

Wisconsin. 

Christopher P. Martin 

Mr. Martin, 31, 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. Martin 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 OPR–MC operator’s 

license from New Hampshire, which 

allows him to drive any non-commercial 

vehicle. 

H. Alan Miller 

Mr. Miller, 54, 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 B CDL from Oregon. 

Andrew D. Monson 

Mr. Monson, 36, 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. Monson meets the 

requirements of the vision standard at 

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

examined him in 2010 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from 

Minnesota. 

Cheryl T. Murphy 

Ms. Murphy, 50, has had ITDM since 

2008. Her endocrinologist examined her 

in 2010 and certified that she 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 her diabetes mellitus 

using insulin, and is able to drive a 

CMV safely. Ms. Murphy meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). Her 

ophthalmologist examined her in 2009 

and certified that she does not have 

diabetic retinopathy. She holds a Class 

D operator’s license from Washington, 

DC. 

Kurt D. Oertelt 

Mr. Oertelt, 59, 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 


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Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices 28681 

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. Oertelt 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 York. 

Joseph M. Pirrello 

Mr. Pirrello, 56, 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. Pirrello 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 D 

operator’s license from New Jersey. 

Audrey R. Roddy 

Ms. Roddy, 44, has had ITDM since 

2001. Her endocrinologist examined her 

in 2009 and certified that she 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 her diabetes mellitus 

using insulin, and is able to drive a 

CMV safely. Ms. Roddy meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). Her 

ophthalmologist examined her in 2009 

and certified that she does not have 

diabetic retinopathy. She holds a Class 

B CDL from Michigan. 

Theodore J. Rolfe 

Mr. Rolfe, 42, 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. Rolfe 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 Maine. 

Ross R. Romano 

Mr. Romano, 23, has had ITDM since 

2000. 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. Romano 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 O operator’s license 

from Michigan, which allows him to 

drive any non-commercial vehicle 

except motorcycles 

Max S. Sklarski 

Mr. Sklarski, 61, 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. Sklarski 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 New 

Mexico. 

Gerald J. Solwey 

Mr. Solwey, 63, 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. Solwey 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 North Dakota. 

Darren G. Steil 

Mr. Steil, 41, has had ITDM since 

1986. 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. Steil 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 Iowa. 

Jason D. Sweet 

Mr. Sweet, 34, 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. Sweet meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2010 

and certified that he does not have 

diabetic retinopathy. He holds a Class C 

operator’s license from California. 

Robert M. Thomson 

Mr. Thomson, 37, has had ITDM since 

2002. 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. Thomson meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2010 

and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class B CDL from Illinois. 

Kevin R. Welch 

Mr. Welch, 50, has had ITDM since 

2009. His endocrinologist examined him 


emcdonald on DSK2BSOYB1PROD with NOTICES
28682 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices 

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. 

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. Welch meets the 

requirements of the vision standard at 

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

examined him in 2010 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from Florida. 

Scott A. Yon 

Mr. Yon, 44, 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. Yon 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 Pennsylvania. 

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 USC. 31136(e). 

Section 4129(d) also directed FMCSA 

to ensure that drivers of CMVs with 

ITDM are not held to a higher standard 

than other drivers, with the exception of 

limited operating, monitoring and 

medical requirements that are deemed 

medically necessary. 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: May 13, 2010. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. 2010–12186 Filed 5–20–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket ID. FMCSA–2010–0050] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt 19 individuals from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations 

(FMCSRs). The exemptions will enable 

these individuals to operate commercial 

motor vehicles (CMVs) in interstate 

commerce without meeting the 

prescribed vision standard. The Agency 

has concluded that granting these 

exemptions will provide a level of safety 

that is equivalent to, or greater than, the 

level of safety maintained without the 

exemptions for these CMV drivers. 

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, 

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: 

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 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 acknowledgement 

page that appears after submitting 

comments online. 

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. 

Background 

On March 26, 2010, FMCSA 

published a Notice of receipt of 

exemption applications from certain 

individuals, and requested comments 

from the public (75 FR 14656). That 

notice listed 19 applicants’ case 

histories. The 19 individuals applied for 

exemptions from the vision requirement 

in 49 CFR 391.41(b)(10), for drivers who 

operate CMVs in interstate commerce. 

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 


emcdonald on DSK2BSOYB1PROD with NOTICES