Federal Register, Volume 75, Number 98, May 21, 2010, Pages 28463-28750 Page: 28,678

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

DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
* Fax: 1-202-493-2251.
Each submission must include the
Agency name and the docket ID for this
Notice. Note that DOT posts all
comments received without change to
http://www.regulations.gov, including
any personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to http://
www.regulations.gov at any time or
Room W12-140 on the ground level of
the West Building, 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The
FDMS is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a 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 the DOT's complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19476). This information is also
available at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Mary D. Gunnels, Director, Medical
Programs, (202) 366-4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue, SE., Room W64-
224, Washington, DC 20590-0001.
Office hours are from 8:30 a.m. to 5
p.m., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for a 2-
year period if it finds "such exemption
would likely achieve a level of safety
that is equivalent to, or greater than, the
level that would be achieved absent
such exemption." The statute also
allows the Agency to renew exemptions
at the end of the 2-year period. The 37
individuals listed in this notice have
recently requested an exemption from
the diabetes prohibition in 49 CFR
391.41(b)(3), which applies to drivers of
CMV in interstate commerce.

Accordingly, the Agency will evaluate

the qualifications of each applicant to
determine whether granting the
exemption will achieve the required
level of safety mandated by the statutes.
Qualifications of Applicants
Billy Banks
Mr. Banks, age 45, has had ITDM
since 1999. His endocrinologist
examined him in 2010 and certified that
he has had no hypoglycemic reactions
resulting in loss of consciousness,
requiring the assistance of another
person, or resulting in impaired
cognitive function that occurred without
warning in the past 5 years; understands
diabetes management and monitoring;
and has stable control of his diabetes
mellitus using insulin, and is able to
drive a CMV safely. Mr. Banks meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2010
and certified that he has stable
proliferative diabetic retinopathy. He
holds a Class E operator's license from
New York which allows him to operate
a vehicle with a gross vehicle weight
rating (GVWR) of 26,000 lbs.
Joseph P. Beagan
Mr. Beagan, 45, has had ITDM since
1979. His endocrinologist examined him
in 2010 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes mellitus
using insulin, and is able to drive a
CMV safely. Mr. Beagan meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2010
and certified that he does not have
diabetic retinopathy. He holds a Class
10 operator's license from Rhode Island,
which allows him to operate any motor
vehicle except a motorcycle and a
vehicle that weighs more than 26,000
pounds.
John M. Charlton
Mr. Charlton, 34, has had ITDM since
1990. His endocrinologist examined him
in 2010 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes mellitus

using insulin, and is able to drive a

CMV safely. Mr. Charlton meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2010
and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class A Commercial Driver's
License (CDL) from Utah.
Stuart A. Dietz
Mr. Dietz, 60, has had ITDM since
2005. His endocrinologist examined him
in 2009 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes mellitus
using insulin, and is able to drive a
CMV safely. Mr. Dietz meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Kansas.
Marie C. Eddy
Ms. Eddy, 50, has had ITDM since
1991. Her endocrinologist examined her
in 2009 and certified that she has had
no hypoglycemic reactions resulting in
loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of her diabetes mellitus
using insulin, and is able to drive a
CMV safely. Ms. Eddy meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). Her
ophthalmologist examined her in 2009
and certified that she has stable
nonproliferative diabetic retinopathy.
She holds a Class D operator's license
from Vermont.
Michael G. Eikenberry
Mr. Eikenberry, 55, has had ITDM
since 2008. His endocrinologist
examined him in 2009 and certified that
he has had no hypoglycemic reactions
resulting in loss of consciousness,
requiring the assistance of another
person, or resulting in impaired
cognitive function that occurred without
warning in the past 5 years; understands
diabetes management and monitoring;
and has stable control of his diabetes
mellitus using insulin, and is able to
drive a CMV safely. Mr. Eikenberry
meets the requirements of the vision
standard at 49 CFR 391.41(b)(10). His

optometrist examined him in 2009 and

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