Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 63536-63540 [2010-26056]

Download as PDF mstockstill on DSKH9S0YB1PROD with NOTICES 63536 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Notices UTA operates light rail vehicles that meet the equipment standards of the California Public Utilities Commission, General Order 143–B. The risk of collision between TRAX light rail vehicles will be minimized because movement of TRAX vehicles currently is controlled by UTA controllers in accordance with established operating rules. For this new extension, the same procedures will be in place. Specifically, UTA seeks a waiver from certain portions of 49 CFR, particularly §§ 219 Control of Alcohol and Drug Use; 221 Rear End Marking Devices; 222 Use of Locomotive Horns at Public HighwayRail Grade crossings; 223 Safety Glazing Standards; 225 Railroad Accidents/ Incidents; 228 Hours of Service of Railroad Employees; 229 Locomotive Safety Standards; 231 Railroad Safety Appliance Standards; 234 Grade Crossing Signal Systems Safety; 238 Passenger Equipment Safety Standards; 239 Passenger Rail Emergency Preparedness; and 240 Qualification and Certification of Locomotive Engineers. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number (e.g., Waiver Petition Docket Number FRA–1999– 6253) and may be submitted by any of the following methods: • Web site: http:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue, SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Communications received within 45 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.–5 p.m.) at the above facility. All documents in the public docket are also available for VerDate Mar<15>2010 16:01 Oct 14, 2010 Jkt 223001 inspection and copying on the Internet at the docket facility’s Web site at http://www.regulations.gov. Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, 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 (65 FR 19477) or at http://www.dot.gov/ privacy.html. Issued in Washington, DC, on October 8, 2010. Robert C. Lauby, Deputy Associate Administrator for Regulatory and Legislative Operations. [FR Doc. 2010–26012 Filed 10–14–10; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2010–0328] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA). ACTION: Notice of applications for exemption from the diabetes mellitus standard; request for comments. AGENCY: FMCSA announces receipt of applications from 27 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. SUMMARY: Comments must be received on or before November 15, 2010. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2010–0328 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 DATES: PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 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 (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 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. SUPPLEMENTARY INFORMATION: 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 E:\FR\FM\15OCN1.SGM 15OCN1 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Notices period. The 27 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 CMVs 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 Juan C. Araoz Cespedes Mr. Araoz Cespedes, age 50, has had ITDM since 2008. His endocrinologist examined him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Araoz Cespedes 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 an operator’s license from Virginia. mstockstill on DSKH9S0YB1PROD with NOTICES William V. Barbrie Mr. Barbrie, 52, has had ITDM since 2009. His endocrinologist examined him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Barbrie 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, carries 16 or more passengers or transports placarded amounts of hazardous materials. Kerry W. Blackwell Mr. Blackwell, 40, has had ITDM since 2003. His endocrinologist examined him in 2010 and certified that VerDate Mar<15>2010 16:01 Oct 14, 2010 Jkt 223001 he has had no severe 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 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Blackwell 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 Texas. Mark S. Braddom Mr. Braddom, 57, has had ITDM since 2009. His endocrinologist examined him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Braddom 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 CDL from Tennessee. Mike G. Brambila Mr. Brambila, 55, has had ITDM since 2010. His endocrinologist examined him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Brambila 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 Arizona. Matthew T. Brown Mr. Brown, 31, has had ITDM since age 1991. His endocrinologist examined him in 2010 and certified that he has had no severe hypoglycemic reactions PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 63537 resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Brown 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 Florida. Richard G. Bruehl Mr. Bruehl, 64, has had ITDM since 2008. His endocrinologist examined him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Bruehl 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 Pennsylvania. John P. Catalano Mr. Catalano, 44, has had ITDM since 1975. His endocrinologist examined him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Catalano currently has a federal exemption to the vision standard, 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 New Jersey. Travis A. Chandler Mr. Chandler, 23, has had ITDM since 1999. His endocrinologist examined him in 2010 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the E:\FR\FM\15OCN1.SGM 15OCN1 63538 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Notices assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Chandler 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 Georgia. Christopher G. Chegas Mr. Chegas, 28, has had ITDM since 1994. His endocrinologist examined him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Chegas 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. mstockstill on DSKH9S0YB1PROD with NOTICES Gary J. Dionne Mr. Dionne, 42, has had ITDM since 2003. His endocrinologist examined him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Dionne 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 Idaho. Thomas C. Donahue Mr. Donahue, 58, has had ITDM since 2009. His endocrinologist examined him in 2010 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function VerDate Mar<15>2010 16:01 Oct 14, 2010 Jkt 223001 that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Donahue 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 Massachusetts. Joseph G. Greatens Mr. Greatens, 63, has had ITDM since 2010. His endocrinologist examined him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Greatens 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 Wisconsin. the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Long 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 Mexico. Cary C. McAlister Mr. McAlister, 39, has had ITDM since 2010. His endocrinologist examined him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. McAlister 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 Tennessee. Marlin K. Johnson Mr. Johnson, 70, has had ITDM since 2007. His endocrinologist examined him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes 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 Minnesota. Dennis P. Miller Mr. Miller, 53, has had ITDM since 2010. His endocrinologist examined him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes 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 ophthalmologist examined him in 2010 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from Wisconsin. George Long, Jr. Mr. Long, 71, has had ITDM since 1995. His endocrinologist examined him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) severe hypoglycemic episodes in Robert F. Minacapelli Mr. Minacapelli, 39, has had ITDM since 2009. His endocrinologist examined him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.SGM 15OCN1 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Notices severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Minacapelli 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 New York. Joe E. L. Radabaugh Mr. Radabaugh, 51, has had ITDM since 2009. His endocrinologist examined him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Radabaugh 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 Ohio. mstockstill on DSKH9S0YB1PROD with NOTICES Raul F. Sanchez Mr. Sanchez, 56, has had ITDM since 2010. His endocrinologist examined him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Sanchez 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 Texas. Enrique E. Santiago Mr. Santiago, 51, has had ITDM since 2007. His endocrinologist examined him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) severe hypoglycemic episodes in VerDate Mar<15>2010 16:01 Oct 14, 2010 Jkt 223001 the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Santiago 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 Florida. Thomas A. Schmitt Mr. Schmitt, 57, has had ITDM since 2009. His endocrinologist examined him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Schmitt 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 Iowa. Leo A. Schmitz Mr. Schmitz, 67, has had ITDM since 2010. His endocrinologist examined him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Schmitz 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 Minnesota. Ben D. Shelton, Jr. Mr. Shelton, 41, has had ITDM since 2010. His endocrinologist examined him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 63539 and is able to drive a CMV safely. Mr. Shelton 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 Illinois. Marlon J. Vanderheiden Mr. Vanderheiden, 31, has had ITDM since 1989. His endocrinologist examined him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Vanderheiden 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. Nestor P. Vargas, Jr. Mr. Vargas, 43, has had ITDM since 1992. His endocrinologist examined him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Vargas 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 an operator’s license from Washington. Harold A. Wendt Mr. Wendt, 75, has had ITDM since 2005. His endocrinologist examined him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; understands diabetes management and monitoring; has stable control of his diabetes using insulin; and is able to drive a CMV safely. Mr. Wendt meets the requirements of the E:\FR\FM\15OCN1.SGM 15OCN1 63540 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES 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 Minnesota. Issued on: October 8, 2010. Larry W. Minor, Associate Administrator, Office of Policy and Program Development. 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 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. 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. BILLING CODE P 1 Section 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. VerDate Mar<15>2010 16:01 Oct 14, 2010 Jkt 223001 [FR Doc. 2010–26056 Filed 10–14–10; 8:45 am] DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Request for Public Comment, Morgantown Municipal Airport, Morgantown, WV Federal Aviation Administration (FAA), DOT. ACTION: Request for public comment. AGENCY: The Federal Aviation Administration is requesting public comment on the proposed release of 46.53 acres of land currently owned by the City of Morgantown, Sponsor for the Morgantown Municipal Airport, Morgantown, West Virginia. The parcel is located within the Sixth Ward District of the City of Morgantown, Morgantown, West Virginia. The site is a 47.00 acre portion of the larger Morgantown Municipal Airport property. The land is currently being used as a cross wind runway. It has been determined that this runway is no longer needed for safety or capacity. The property is not a vital part of, or necessary for the Sponsor’s operation and development of the Morgantown Airport. Once released, the land will change to a non-aeronautical use and will be transferred to the West Virginia Army National Guard (‘‘AR–WVARNG’’). Thereafter, AR–WVARNG will construct or cause the construction of and operate a West Virginia Army National Guard Readiness Center on the property. The development of this property will also bring the construction of a roadway and utilities that will be needed for subsequent development of aviation facilities on a part of the airport that is now remote and without utilities or access. The airport land being released is not needed for airport development as shown on the Airport Layout Plan. Fair Market Value has been determined based upon an appraisal of the Property. DATES: Comments must be received on or before November 15, 2010. ADDRESSES: Comments on this application may be mailed or delivered in triplicate to the FAA at the following address: Connie Boley-Lilly, Program Specialist, Federal Aviation Administration, Beckley Airports Field Office, 176 Airport Circle, Room 101, Beaver, West Virginia 25813. SUMMARY: PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 In addition, one copy of any comments submitted to the FAA must be mailed or delivered to Dan Boroff, City Manager of the City of Morgantown, Sponsor of Morgantown Municipal Airport at the following address: Dan Boroff, City Manager, City of Morgantown, Sponsor for Morgantown Municipal Airport, 389 Spruce Street, Morgantown, West Virginia 26505. FOR FURTHER INFORMATION CONTACT: Connie Boley-Lilly, Program Specialist, Beckley Airport Field Office, (304) 252– 6216 ext. 125, FAX (304) 253–8028. SUPPLEMENTARY INFORMATION: The FAA proposes to rule and invites public comment on the request to release property at the Morgantown Municipal Airport, Morgantown, WV. Under the provisions of AIR 21 (49 U.S.C. 47108 (h)(2)). The Morgantown Municipal Airport is proposing the release of approximately 46.53 acres of fee simple release to accommodate the construction of a West Virginia Army National Guard Readiness Center on the property. The crosswind runway, currently occupying the property, has been determined to be no longer need for safety and capacity at the airport. The release and sale of this property will allow the Sponsor to develop the roadway and utilities which will benefit this property, the hangar site, and the landside development site. This release will enhance the development of private aviation and commercial development of the east side of the airport. Issued in Beckley, West Virginia, on October 1, 2010. Matthew P. DiGiulian, Manager, Beckley Airport Field Office, Eastern Region. [FR Doc. 2010–25980 Filed 10–14–10; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35395] Norfolk Southern Railway Company— Trackage Rights Exemption—Illinois Central Railroad Company Pursuant to a written trackage rights agreement dated August 17, 2010, Illinois Central Railroad Company (IC) has agreed to grant overhead trackage rights to Norfolk Southern Railroad Company (NSR) over approximately 199.1 miles of rail line controlled by IC,1 between: (1) Milepost 6.2 at Church, 1 In a supplemental pleading filed October 6, 2010, NSR states that the portion of the involved E:\FR\FM\15OCN1.SGM 15OCN1

Agencies

[Federal Register Volume 75, Number 199 (Friday, October 15, 2010)]
[Notices]
[Pages 63536-63540]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26056]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0328]


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.

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SUMMARY: FMCSA announces receipt of applications from 27 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 November 15, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2010-0328 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 (FDMS) 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.

SUPPLEMENTARY INFORMATION:

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

[[Page 63537]]

period. The 27 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 CMVs 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

Juan C. Araoz Cespedes

    Mr. Araoz Cespedes, age 50, has had ITDM since 2008. His 
endocrinologist examined him in 2010 and certified that he has had no 
severe 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 12 months 
and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 
years; understands diabetes management and monitoring; has stable 
control of his diabetes using insulin; and is able to drive a CMV 
safely. Mr. Araoz Cespedes 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 an operator's license from Virginia.

William V. Barbrie

    Mr. Barbrie, 52, has had ITDM since 2009. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Barbrie 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, carries 16 or more passengers or transports placarded 
amounts of hazardous materials.

Kerry W. Blackwell

    Mr. Blackwell, 40, has had ITDM since 2003. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Blackwell 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 Texas.

Mark S. Braddom

    Mr. Braddom, 57, has had ITDM since 2009. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Braddom 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 CDL from 
Tennessee.

Mike G. Brambila

    Mr. Brambila, 55, has had ITDM since 2010. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Brambila 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 
Arizona.

Matthew T. Brown

    Mr. Brown, 31, has had ITDM since age 1991. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Brown 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 
Florida.

Richard G. Bruehl

    Mr. Bruehl, 64, has had ITDM since 2008. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Bruehl 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 Pennsylvania.

John P. Catalano

    Mr. Catalano, 44, has had ITDM since 1975. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Catalano currently has a federal exemption to the vision standard, 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 New Jersey.

Travis A. Chandler

    Mr. Chandler, 23, has had ITDM since 1999. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the

[[Page 63538]]

assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Chandler 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 Georgia.

Christopher G. Chegas

    Mr. Chegas, 28, has had ITDM since 1994. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Chegas 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.

Gary J. Dionne

    Mr. Dionne, 42, has had ITDM since 2003. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Dionne 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 Idaho.

Thomas C. Donahue

    Mr. Donahue, 58, has had ITDM since 2009. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Donahue 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 
Massachusetts.

Joseph G. Greatens

    Mr. Greatens, 63, has had ITDM since 2010. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Greatens 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 Wisconsin.

Marlin K. Johnson

    Mr. Johnson, 70, has had ITDM since 2007. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes 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 
Minnesota.

George Long, Jr.

    Mr. Long, 71, has had ITDM since 1995. His endocrinologist examined 
him in 2010 and certified that he has had no severe 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 12 months and no recurrent (2 or 
more) severe hypoglycemic episodes in the last 5 years; understands 
diabetes management and monitoring; has stable control of his diabetes 
using insulin; and is able to drive a CMV safely. Mr. Long 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 
Mexico.

Cary C. McAlister

    Mr. McAlister, 39, has had ITDM since 2010. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
McAlister 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 
Tennessee.

Dennis P. Miller

    Mr. Miller, 53, has had ITDM since 2010. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes 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 ophthalmologist examined him in 2010 and certified 
that he has stable nonproliferative diabetic retinopathy. He holds a 
Class A CDL from Wisconsin.

Robert F. Minacapelli

    Mr. Minacapelli, 39, has had ITDM since 2009. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more)

[[Page 63539]]

severe hypoglycemic episodes in the last 5 years; understands diabetes 
management and monitoring; has stable control of his diabetes using 
insulin; and is able to drive a CMV safely. Mr. Minacapelli 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 New York.

Joe E. L. Radabaugh

    Mr. Radabaugh, 51, has had ITDM since 2009. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely.
    Mr. Radabaugh 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 Ohio.

Raul F. Sanchez

    Mr. Sanchez, 56, has had ITDM since 2010. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Sanchez 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 Texas.

Enrique E. Santiago

    Mr. Santiago, 51, has had ITDM since 2007. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Santiago 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 
Florida.

Thomas A. Schmitt

    Mr. Schmitt, 57, has had ITDM since 2009. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Schmitt 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 Iowa.

Leo A. Schmitz

    Mr. Schmitz, 67, has had ITDM since 2010. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Schmitz 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 
Minnesota.

Ben D. Shelton, Jr.

    Mr. Shelton, 41, has had ITDM since 2010. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Shelton 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 Illinois.

Marlon J. Vanderheiden

    Mr. Vanderheiden, 31, has had ITDM since 1989. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Vanderheiden 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.

Nestor P. Vargas, Jr.

    Mr. Vargas, 43, has had ITDM since 1992. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Vargas 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 an operator's license 
from Washington.

Harold A. Wendt

    Mr. Wendt, 75, has had ITDM since 2005. His endocrinologist 
examined him in 2010 and certified that he has had no severe 
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 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years; 
understands diabetes management and monitoring; has stable control of 
his diabetes using insulin; and is able to drive a CMV safely. Mr. 
Wendt meets the requirements of the

[[Page 63540]]

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 Minnesota.

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).
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    \1\ Section 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.
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    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 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. 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: October 8, 2010.
Larry W. Minor,
Associate Administrator, Office of Policy and Program Development.
[FR Doc. 2010-26056 Filed 10-14-10; 8:45 am]
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