[Federal Register: August 27, 2010 (Volume 75, Number 166)]
[Notices]
[Page 52809-52813]
[DOCID:fr27au10-114]

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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.

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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,<PHONE_NUMBER><EMAIL_ADDRESS>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;

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

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.

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

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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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


[Federal Register Volume 84, Number 250 (Tuesday, December 31, 2019)]
[Notices]
[Pages 72433-72434]
[FR Doc No: 2019-28187]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Announcement of Requirements; RAISE (Recognizing Aviation and
Aerospace Innovation in Science and Engineering) Awards

AGENCY: Office of the Secretary of Transportation, U.S. Department of
Transportation.

ACTION: Notice of the announcement of requirements for the RAISE
(Recognizing Aviation and Aerospace Innovation in Science and
Engineering) Awards.

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    Authority: 15 U.S.C. 3719 (America COMPETES Act).
    Award Approving Official: Elaine L. Chao, Secretary of
Transportation.
SUMMARY: Pursuant to a recommendation by the Future of Aviation
Advisory Committee, the Secretary of Transportation, through the
Federal Aviation Administration (FAA), is announcing the sixth annual
competition to recognize students with the ability to demonstrate
unique and innovative thinking in aerospace science and engineering.
This competition includes a high school division and both a graduate
and undergraduate university division. The Department of Transportation
(DOT) intends to use this competition to incentivize students at high
schools and universities to think creatively in developing innovative
solutions to aviation and aerospace challenges, and to share their
innovations with the broader community.

DATES: Submissions accepted through noon eastern time (ET) on
Wednesday, April 8, 2020. Expression of interest in participating in
the competition should be submitted to the FAA by noon ET on Friday,
February 14.

FOR FURTHER INFORMATION CONTACT:
 Patricia Watts, Ph.D., Federal Aviation Administration,
<EMAIL_ADDRESS>     James Brough, Federal Aviation Administration,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Subject of Competition: The Secretary's
RAISE Award competition will recognize innovative scientific and
engineering achievements that will have a significant impact on the
future of aerospace or aviation. On behalf of the Secretary, the
Federal Aviation Administration (FAA) will accept student submissions
and will invite subject-matter-experts to conduct an evaluation of all
qualifying entries.
    Eligibility: To be eligible to participate in the Secretary's RAISE
Award competition, students must be citizens of the United States or
permanent residents. For the high school division, the students must
have been enrolled in at least one semester (or quarterly equivalent)
at a U.S. high school (or equivalent approved home school program) in
2019. For the university division, the student must have been enrolled
in a U.S.-based college or university for at least one semester (or
quarterly equivalent) during 2019. Students may participate and be
recognized as individuals or in teams. Each member of a team must meet
the eligibility criteria. An individual may join more than one team.
There is no charge to enter the competition.
    The following additional rules apply:
    1. Candidates shall submit a project in the competition under the
rules promulgated by the Department of Transportation (DOT);
    2. Candidates shall agree to execute indemnifications and waivers
of claims against the Federal government as provided in this Notice;
    3. Candidates may not be a Federal entity or Federal employee
acting within the scope of employment;
    4. Candidates may not be an employee of the DOT, including but not
limited to the FAA;
    5. Candidates shall not be deemed ineligible because an individual
used Federal facilities or consulted with Federal employees during a
competition, if the facilities and employees are made available to all
individuals participating in the competition on an equitable basis;
    6. The competition is subject to all applicable Federal laws and
regulations. Participation constitutes the Candidates' full and
unconditional agreement to these rules and to the Secretary's
decisions, which are final and binding in all matters related to this
competition;
    7. Submissions which in the Secretary's sole discretion are
determined to be substantially similar to a prior submitted entry may
be disqualified;
    8. Submissions must be original, must be the work of the
Candidates, and must not violate the rights of other parties. All
submissions remain the property of the applicants. Each Candidate
represents and warrants that s/he, or the team, is the sole author and
owner of the submission, that the submission is wholly original, that
it does not infringe any copyright or any other rights of any third
party of which the Candidate is aware, and, if submitted in electronic
form, is free of malware;
    9. By submitting an entry, contestants and entrants agree to assume
any and all risks and waive any claims against the Federal Government
and its related entities (except in the case of willful misconduct) for
any injury, death, damage, or loss of property, revenue or profits,
whether direct, indirect, or consequential, arising from their
participation in this contest, whether the injury, death, damage, or
loss arises through negligence of otherwise;
    10. The Secretary and the Secretary's designees have the right to
request access to supporting materials from the Candidates;
    11. The submissions cannot have been submitted in the same or
substantially similar form in any previous Federally-sponsored
promotion or Federally-sponsored contest, of any kind;
    12. Each Candidate grants to the FAA, the DOT, as well as other
Federal agencies with which it partners, the right to use names,
likeness, application materials, photographs, voices, opinions, and/or
hometown and state for the Department's promotional purposes in any
media, in perpetuity, worldwide, without further payment or
consideration; and
    13. The FAA Administrator collects personal information from
Candidates when they enter this competition. The information collected
is subject to the Challenge Post privacy policy located at http://www.challengepost.com/privacy.
    Expression of Interest: Due by Friday, February 14, 2020.
    Students are strongly encouraged to send brief expressions of
interest to the FAA prior to submitting entries. The expressions of
interest should be received by noon ET on Friday,

February 14. Send the following information to [email protected]:
    (1) Names of sponsoring faculty and candidates;
    (2) name of educational institutions with which candidates are
affiliated;
    (3) telephone and email addresses for nominating official and each
candidate;
    (4) a title and synopsis of the concept, limited to no more than
two pages, providing a high-level overview of the proposed project and
impact of the related research.
    (5) a completed entry form and photo of students entering the
competition will be required of finalists.

SUBMISSION REQUIREMENTS:

    Complete submission packages are due by noon ET on Wednesday, April
8 and shall consist of the following elements:
    1. Letter(s)
    a. Cover Letter--Attach a formal nomination from a teacher,
advisor, faculty member, or other as appropriate. Provide evidence of
technical merit and the following selection criteria based upon teacher
(parent or legal guardian in the case of home schooled applicants).
    Include assessment of the submitted proposal describing the
conducted research, written paper(s), results, and/or reports as well
as professionalism and leadership qualities of the student(s)
participating.
    b. Additional Supporting Letters--no limit.
    i. Technical Merit of the Concept--and additional selection
criteria
    ii. Professionalism and Leadership
    Evidence of the professionalism and leadership should be in the
form of, but not limited to:

(a) Membership and offices held in various groups
(b) Presentations made to various groups, meetings, and at symposia
(c) Leadership in student professional activities
(d) Community outreach activities

    2. Summary Statement--An overall summary of the innovation, not to
exceed one page. Include the title of the project, a one paragraph
synopsis, and a statement of the potential innovative impact the
concept will have on the field of aviation or aerospace;
    3. Project Description--A full description of the project, not to
exceed 10 pages.
    4. Transcript--A copy of each student's academic transcript or
certified grade report (as applicable);
    5. Additional Materials--No limit. Photographs and a copy of the
paper(s) and related materials describing the innovative concept
written by the student(s) being nominated may be included.
    The FAA may request additional information, including supporting
documentation, more detailed contact information, releases of
liability, and statements of authenticity to guarantee the originality
of the work. Failure to respond in a timely manner will result in
disqualification.
    Electronic entries may be transmitted by email to
[email protected] The subject line should indicate Secretary's
RAISE Entry--Title of Research Project. Hard copies should be forwarded
to: Patricia Watts, Ph.D., ANG E2, Secretary's RAISE Entry, FAA William
J. Hughes Technical Center, L-28, Atlantic City International Airport,
NJ 08405.
    The timeliness of submissions will be determined by the postmark
(if sent in hard copy) or time stamp if emailed. Competition
administrators assume no responsibility for lost or untimely
submissions for any reason.
    Award:
    The selectee is expected to be announced in 2020. A trophy with the
student's name and date of award will be displayed at the Department of
Transportation and a display copy of the trophy will be sent to the
student's school/college/university. Each selected student will receive
a plaque. At the option of the FAA Administrator, the FAA will pay for
invitational travel expenses to Washington, DC for up to four
representatives of the winning team(s) to attend an awards ceremony and
for students who may also be invited to present their project(s) to FAA
and DOT officials.

Selections Will Be Based Upon the Following

    The FAA will initially review entries to determine eligibility and
will convene a panel of experts who may represent academia, government
(officials including those within the FAA and the DOT), and
representatives of the private sector. The panel members will judge the
entries and rank order eligible submissions. The FAA Administrator will
review the most highly qualified entries and will make recommendations
to the Secretary of Transportation. The Secretary will make the final
selection(s). The Department reserves the right to not award the prize
in either or both the high school category or the university category
if the selecting officials believe that no submission demonstrates
sufficient innovative scientific and engineering potential and/or
achievements in its category. Panel members will judge entries against
other submissions from the same division or category based on the
following selection criteria.
    Technical Merit:
     Has the submission presented a clear understanding of the
associated problems?
     Has the submission developed a logical and workable
solution and approach to solving the problem/s?
     What are the most significant aspects of this concept?
     Has the submission clearly described the breadth of impact
of the innovation?
    Additional Criteria:
 Originality
    [cir] Is this concept new or a variation of an existing idea, and
in what way(s)?
    [cir] How is this work unique?
    [cir] Was the concept developed independently or in cooperation
with others?
 Impact and Applicability
    [cir] Can this effort be scaled?
    [cir] Is this work specific to one region, various regions, or to
the entire nation?
    [cir] To what extent does this project have the potential to make a
significant impact and/or contribution to the future of the aviation
and aerospace environment?
 Practicality and Measurability
    [cir] Who directly benefits from this work?
    [cir] Can this program or activity be implemented in a practical
fashion?
    [cir] What are the costs anticipated to be incurred and saved by
executing this concept?
    [cir] How has this individual/group measured the impact and
improvements on the aviation environment?

    All factors are important and will be given consideration; however,
the advisory panel will give the ``technical merit'' factor the most
weight in the screening process. The Secretary of Transportation
retains sole discretion to select the winning entrant.
    Additional Information:
     Federal grantees may not use Federal funds to develop
COMPETES Act challenge applications.
     Federal contractors may not use Federal funds from a
contract to develop COMPETES Act challenge applications or to fund
efforts in support of a COMPETES Act challenge submission.

    Issued on: December 19, 2019.
Shelley Yak,
Director, William J. Hughes Technical Center.
[FR Doc. 2019-28187 Filed 12-30-19; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register: July 10, 2008 (Volume 73, Number 133)]
[Notices]
[Page 39746-39747]
[DOCID:fr10jy08-109]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58082; File No. SRVBSE-2008-35]

Self-Regulatory Organizations; Boston Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Extending the Current Pilot Program for Linkage Fees on the Boston
Options Exchange Facility

July 2, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 23, 2008, the Boston Stock Exchange, Inc. (``BSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been substantially prepared by the
self-regulatory organization. The Commission is publishing this notice
to solicit comments on the proposed rule from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is proposing to amend the Fee Schedule of the Boston
Options Exchange (``BOX''), the options trading facility of the BSE, to
extend until July 31, 2009, the current pilot program applicable to the
options intermarket linkage (``Linkage'') fees. The text of the
proposed rule change is available at the Exchange, the Commission's
Public Reference Room, and http://www.bse.com.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in Sections A, B, and C below, of the
most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange's fees for Principal (``P'') and Principal Acting as
Agent (``P/A'') Orders \3\ executed on BOX currently operate under a
pilot program scheduled to expire on July 31, 2008.\4\ The Exchange
proposes to extend the current pilot program for such Linkage fees
through July 31, 2009. The Exchange is not proposing any changes other
than changing the date. Because all Linkage orders received by BOX are
for the account of a market maker on another exchange, Linkage fees
that are applicable to P and P/A orders are the same as fees applicable
to market makers on other exchanges that submit orders to BOX outside
of Linkage. The side of a BOX trade opposite an inbound P or P/A order
would be billed normally as any other BOX trade. Consistent with the
Linkage Plan, no fees will be charged to a party sending a Satisfaction
Order to BOX. Rather, a fee will be charged to the BOX Participant that
was responsible for the trade-through that caused the Satisfaction
Order to be sent.
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    \3\ Under Section 1(j) of Chapter XII of the BOX Rules, a
``Linkage Order'' means an Immediate or Cancel order routed through
Linkage. There are three types of Linkage Orders:
    (i) ``P/A Order,'' which is an order for the principal account
of a Market Maker (or equivalent entity on another Participant
Exchange that is authorized to represent Public Customer orders),
reflecting the terms of a related unexecuted Public Customer order
for which the Market Maker is acting as agent;
    (ii) ``P Order,'' which is an order for the principal account of
a market maker (or equivalent entity on another Participant
exchange) and is not a P/A Order; and
    (iii) ``Satisfaction Order,'' which is an order sent through the
Linkage to notify a Participant Exchange of a Trade-Through and to
seek satisfaction of the liability arising from that Trade Through.
    \4\ See Securities Exchange Act Release No. 56167 (July 30,
2007), 72 FR 43302 (August 3, 2007) (SR-BSE-2007-33). See also
Securities Exchange Act Release No. 54225 (July 27, 2006), 71 FR
44056 (August 3, 2006) (SR-BSE 2006-26); Securities Exchange Act
Release No. 52147 (July 28, 2005) 70 FR 44706 (August 3, 2005) (SR-
BSE 2005-28).
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    The Exchange believes that extending the Linkage fee pilot program
until July 31, 2009 will give the Exchange and the Commission
additional time and opportunity to evaluate the appropriateness of
Linkage fees.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\5\ in general, and Section
6(b)(4) of the

Act,\6\ in particular, in that it is designed to provide for the
equitable allocation of reasonable dues, fees, and other charges among
its members and issuers and other persons using its facilities. The
proposed rule change will preserve the status quo of the pilot program
without interruption as the Commission further reviews the area of
Linkage fees.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    The Exchange has neither solicited nor received comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    This proposed rule change is filed pursuant to paragraph (A) of
section 19(b)(3) of the Exchange Act \7\ and Rule 19b-4(f)(6)
thereunder.\8\ This proposed rule change does not significantly affect
the protection of investors or the public interest, does not impose any
significant burden on competition, and, by its terms, does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest, provided that the self-regulatory
organization has given the Commission written notice of its intent to
file the proposed rule change, along with a brief description and text
of the proposed rule change, at least five business days prior to the
date of filing of the proposed rule change, or such shorter time as
designated by the Commission.\9\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ The Exchange has satisfied this pre-filing requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the rule change if it
appears to the Commission that the action is necessary or appropriate
in the public interest, for the protection of investors, or would
otherwise further the purposes of the Exchange Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-BSE-2008-35 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, Station Place, 100 F Street, NE., Washington,
DC 20549-1090.
    All submissions should refer to File Number SR-BSE-2008-35. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal office of BSE. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-BSE-2008-35 and should be submitted on or before July 31, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-15625 Filed 7-9-08; 8:45 am]

BILLING CODE 8010-01-P