Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Notices 52809 

announcement of working group 

meetings. 

Issued in Washington, DC, on August 23, 

2010. 

Pamela Hamilton-Powell, 

Executive Director, Aviation Rulemaking 

Advisory Committee. 

[FR Doc. 2010–21333 Filed 8–26–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA-2010–0202] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA). 

ACTION: Notice of applications for 

exemption from the diabetes mellitus 

standard; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 39 individuals for 

exemption 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 September 27, 2010. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2010–0202 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, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal 

Holidays. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket numbers for this Notice. Note 

that all comments received will be 

posted without change to http://www.

regulations.gov, including any personal 

information provided. Please see the 

Privacy Act heading below for further 

information. 

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 

Federal Docket Management System is 

available 24 hours each day, 365 days 

each year. If you want acknowledgment 

that we received your comments, please 

include a self-addressed, 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 DOT’s Privacy Act 

Statement for the FDMS published in 

the Federal Register on January 17, 

2008 (73 FR 3316), or you may visit 

http://edocket.access.gpo.gov/2008/pdf/

E8–785.pdf. 

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. 

Background 

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

FMCSA may grant an exemption from 

the Federal Motor Carrier Safety 

Regulations 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 39 individuals listed in this 

notice have recently requested such 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 

Angel Bergendale 

Mr. Bergendale, age 30, 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; 

has stable control of his diabetes using 

insulin; and is able to drive a CMV 

safely. Mr. Bergendale 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 Massachusetts. 

Charles K. Bond 

Mr. Bond, 45, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Bond 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 Pennsylvania. 

Dennis J. Callanan 

Mr. Callanan, 56, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Callanan 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 Massachusetts. 

Philip F. Carpenter 

Mr. Carpenter, 50, 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; 

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52810 Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Notices 

has stable control of his diabetes using 

insulin; and is able to drive a CMV 

safely. Mr. Carpenter 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. 

Brandon M. Coleman 

Mr. Coleman, 31, has had ITDM since 

1991. 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Coleman 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 California. 

George B. Ferris 

Mr. Ferris, 42, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Ferris 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 New York. 

John B. Flood 

Mr. Flood, 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 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 5 years; understands diabetes 

management and monitoring; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Flood 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 Missouri. 

John F. Galione 

Mr. Galione, age 45, has had ITDM 

since 2009. His endocrinologist 

examined him in 2010 and certified that 

he has had no hypoglycemic reactions 

resulting in a 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; 

has stable control of his diabetes using 

insulin; and is able to drive a CMV 

safely. Mr. Galione 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 Commercial Driver’s 

License (CDL) from New Jersey. 

Jeffrey G. Giguere 

Mr. Giguere, 45, has had ITDM since 

1984. 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Giguere 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 Maine. 

Allen C. Hartshaw 

Mr. Hartshaw, 60, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Hartshaw 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 Pennsylvania. 

Michael Hawkins 

Mr. Hawkins, 49, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Hawkins 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 South Carolina. 

Timothy U. Herring 

Mr. Herring, 46, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Herring 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 North Carolina. 

Richard L. Hines 

Mr. Hines, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Hines 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 North Carolina. 

David M. Hughes 

Mr. Hughes, 54, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Hughes 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 

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diabetic retinopathy. He holds a Class A 

CDL from Utah. 

Eugene G. Hunter 

Mr. Hunter, 64, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Hunter 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 Washington. 

William F. Kanable 

Mr. Kanable, 54, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Kanable 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. 

William C. Kenney 

Mr. Kenney, 59, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Kenney 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 

CDL from California. 

Paul D. Kimmel 

Mr. Kimmel, 60, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Kimmel 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 Iowa. 

Gregory L. Kuharski 

Mr. Kuharski, 42, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Kuharski 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 Minnesota. 

Joe D. Lammey 

Mr. Lammey, 60, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Lammey 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 Missouri. 

Robert B. Langston, III 

Mr. Langston, 60, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Langston 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 R operator’s license 

from Mississippi. 

Mark W. Lavorini 

Mr. Lavorini, 39, has had ITDM since 

1977. 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Lavorini 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 C operator’s license 

from Pennsylvania. 

Justin T. Mattice 

Mr. Mattice, 21, has had ITDM since 

1994. 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Mattice 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 Arizona. 

Leldon W. McCutcheon 

Mr. McCutcheon, 59, 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; 

has stable control of his diabetes using 

insulin; and is able to drive a CMV 

safely. Mr. McCutcheon 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 Alabama. 

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Ray A. May 

Mr. May, 58, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

May 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. 

Richard E. Moore 

Mr. Moore, 63, has had ITDM since 

1988. 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Moore 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 New York. 

Robert F. Naples, Jr. 

Mr. Naples, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Naples 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. 

Robert C. Nemeth 

Mr. Nemeth, 45, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Nemeth 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 Ohio. 

Mark P. Norwood 

Mr. Norwood, 30, has had ITDM since 

1986. 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Norwood 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 

operator’s license from Nevada. 

Todd H. Pack 

Mr. Pack, 39, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Pack 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 California. 

Christopher M. Provance 

Mr. Provance, 26, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Provance 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 O operator’s license 

from Nebraska, which allows him to 

drive any non-commercial vehicle 

except motorcycles. 

Michael E. Reck 

Mr. Reck, 50, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Reck 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 Ohio. 

Warren A. Richter 

Mr. Richter, 51, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Richter 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. 

James E. Seymour 

Mr. Seymour, 52, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Seymour 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 

Pennsylvania. 

Karl G. Skweres 

Mr. Skweres, 26, has had ITDM since 

1992. His endocrinologist examined him 

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Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Notices 52813 

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 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Skweres 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 Minnesota. 

Kyle N. Stach 

Mr. Stach, 31, has had ITDM since 

1994. 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Stach 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 D operator’s license 

from Wisconsin. 

William R. Thome 

Mr. Thome, 74, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Thome 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 Iowa. 

Richard T. Whitney 

Mr. Whitney, 69, 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Whitney 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. 

Allan M. Younglas 

Mr. Younglas, 23, has had ITDM since 

1991. 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; has stable 

control of his diabetes using insulin; 

and is able to drive a CMV safely. Mr. 

Younglas 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 Ohio. 

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 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) Elimination 

of the requirement for 3 years of 

experience operating CMVs while being 

treated with insulin; and (2) 

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. 

The 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: August 13, 2010. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. 2010–21425 Filed 8–26–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2010–0247] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA). 

ACTION: Notice of applications for 

exemption from the diabetes mellitus 

standard; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 35 individuals for 

exemption 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 September 27, 2010. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2010–0247 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

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

on-line instructions for submitting 

comments. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES