28100 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / 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. 

He holds a Class B CDL from 

Pennsylvania. 

John E. Spano 

Mr. Spano, 52, 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 using 

insulin, and is able to drive a CMV 

safely. Mr. Spano 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 Massachusetts. 

Delton N. Stewart 

Mr. Stewart, 49, has had ITDM since 

2008. His endocrinologist examined him 

in 2008 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 using 

insulin, and is able to drive a CMV 

safely. Mr. Stewart meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2009 

and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class A CDL from North 

Carolina. 

Mark S. Sundberg 

Mr. Sundberg, 51, has had ITDM since 

1966. 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 using 

insulin, and is able to drive a CMV 

safely. Mr. Sundberg meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2009 

and certified that he does not have 

diabetic retinopathy. He holds an 

operator’s license from Michigan. 

Timothy G. Walls 

Mr. Walls, 45, has had ITDM since 

1998. 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 using 

insulin, and is able to drive a CMV 

safely. Mr. Walls meets the 

requirements of the vision standard at 

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

examined him in 2009 and certified that 

he does not have diabetic retinopathy. 

He holds a Class D operator’s license 

from West Virginia. 

Kelly R. Winslow 

Mr. Winslow, 49, has had ITDM since 

1995. 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 using 

insulin, and is able to drive a CMV 

safely. Mr. Winslow 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 Idaho. 

Request for Comments 

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

and 31315, FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. We will consider all 

comments received before the close of 

business on the closing date indicated 

in the date section of the Notice. 

FMCSA notes that Section 4129 of the 

Safe, Accountable, Flexible and 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA–LU) 

requires the Secretary to revise its 

diabetes exemption program established 

on September 3, 2003 (68 FR 52441).1

The revision must provide for 

individual assessment of drivers with 

diabetes mellitus, and be consistent 

with the criteria described in section 

4018 of the Transportation Equity Act 

for the 21st Century (49 U.S.C. 31305). 

Section 4129 requires: (1) The 

elimination of the requirement for three 

years of experience operating CMVs 

while being treated with insulin; and (2) 

the establishment of a specified 

minimum period of insulin use to 

demonstrate stable control of diabetes 

before being allowed to operate a CMV. 

In response to section 4129, FMCSA 

made immediate revisions to the 

diabetes exemption program established 

by the September 3, 2003 Notice. 

FMCSA discontinued use of the 3-year 

driving experience and fulfilled the 

requirements of section 4129 while 

continuing to ensure that operation of 

CMVs by drivers with ITDM will 

achieve the requisite level of safety 

required of all exemptions granted 

under 49 U.S.C. 31136(e). 

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: June 5, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–13833 Filed 6–11–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2000–7165; FMCSA– 

2000–7918; FMCSA–2000–8398; FMCSA– 

2002–12294; FMCSA–2002–13411; FMCSA– 

2004–17984; FMCSA–2004–19477; FMCSA– 

2005–20027; FMCSA–2005–20560; FMCSA– 

2007–27333] 

Qualification of Drivers; Exemption 

Renewals; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA previously 

announced its decision to renew the 

exemptions from the vision requirement 

in the Federal Motor Carrier Safety 

Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices 28101 

Regulations for 24 individuals. FMCSA 

has statutory authority to exempt 

individuals from the vision requirement 

if the exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemptions will provide a level of safety 

that will be equivalent to, or greater 

than, the level of safety maintained 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

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 

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 

comment period ended on May 28, 

2009. 

Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

Conclusion 

The Agency has not received any 

adverse evidence on any of these drivers 

that indicates that safety is being 

compromised. Based upon its 

evaluation of the 24 renewal 

applications, FMCSA renews the 

Federal vision exemptions for Carl W. 

Adams, Charles C. Chapman, Jeffrey W. 

Cotner, Everett A. Doty, John K. Fank, 

Bobby G. Fletcher, Heather M.B. 

Gordon, Randolph D. Hall, Raymond G. 

Hayden, Robert E. Hendrick, Gene A. 

Lesher, Jr., Wallace F. Mahan, Sr., 

Anthony R. Miles, Kenneth L. Nau, 

David W. Peterson, Randel G. Pierce, 

Steven A. Proctor, Frederick G. Robbins, 

Manuel H. Sanchez, Jose C. SanchezSanchez, David M. Stout, Kenneth E. 

Suter, Jr., Thaddeus E. Temoney, and 

Daniel R. Viscaya. 

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

and 31315, each renewal 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. 

Issued on: June 5, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–13786 Filed 6–11–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2009 0053] 

Requested Administrative Waiver of 

the Coastwise Trade Laws 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Invitation for public comments 

on a requested administrative waiver of 

the Coastwise Trade Laws for the vessel 

TRIBUTE II. 

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

12121, the Secretary of Transportation, 

as represented by the Maritime 

Administration (MARAD), is authorized 

to grant waivers of the U.S.-build 

requirement of the coastwise laws under 

certain circumstances. A request for 

such a waiver has been received by 

MARAD. The vessel, and a brief 

description of the proposed service, is 

listed below. The complete application 

is given in DOT docket MARAD–2009– 

0053 at http://www.regulations.gov. 

Interested parties may comment on the 

effect this action may have on U.S. 

vessel builders or businesses in the U.S. 

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

determines, in accordance with 46 

U.S.C. 12121 and MARAD’s regulations 

at 46 CFR Part 388 (68 FR 23084; April 

30, 2003), that the issuance of the 

waiver will have an unduly adverse 

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

business that uses U.S.-flag vessels in 

that business, a waiver will not be 

granted. Comments should refer to the 

docket number of this notice and the 

vessel name in order for MARAD to 

properly consider the comments. 

Comments should also state the 

commenter’s interest in the waiver 

application, and address the waiver 

criteria given in § 388.4 of MARAD’s 

regulations at 46 CFR Part 388. 

DATES: Submit comments on or before 

July 13, 2009. 

ADDRESSES: Comments should refer to 

docket number MARAD–2009–0053. 

Written comments may be submitted by 

hand or by mail to the Docket Clerk, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. You may also 

send comments electronically via the 

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

All comments will become part of this 

docket and will be available for 

inspection and copying at the above 

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

E.T., Monday through Friday, except 

federal holidays. An electronic version 

of this document and all documents 

entered into this docket is available on 

the World Wide Web at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joann Spittle, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue, SE., Room W21–203, 

Washington, DC 20590. Telephone 202– 

366–5979. 

SUPPLEMENTARY INFORMATION: As 

described by the applicant the intended 

service of the vessel TRIBUTE II is: 

Intended Use: ‘‘1 hour trips in Santa 

Monica Bay, off Los Angeles county, for 

family witnessed scatterings of 

cremains.’’ 

Geographic Region: ‘‘California.’’ 

Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

Dated: May 28, 2009. 

By Order of the Maritime Administrator. 

Christine Gurland, 

Acting Secretary, Maritime Administration. 

[FR Doc. E9–13824 Filed 6–11–09; 8:45 am] 

BILLING CODE 4910–81–P