9854 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Notices 

application for exemption on Parts and 

Accessories Necessary for Safe 

Operation; Brakes; Application for 

Exemption From Innovative Electronics 

published in the Federal Register of 

February 10, 2011. 

DATES: Comments must be received on 

or before March 14, 2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Luke W. Loy, Vehicle and Roadside 

Operations Division, Office of Bus and 

Truck Standards and Operations, MC– 

PSV, (202) 366–0676; Federal Motor 

Carrier Safety Administration, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001. 

Correction 

The following correction is made to 

the Parts and Accessories Necessary for 

Safe Operation; Brakes; Application for 

Exemption From Innovative Electronics; 

Notice of application for exemption; 

request for comments (76 FR 7623, 

February 10, 2011), in FR Doc 2011– 

2985 on page 7623, third column, 

correct Docket No. FMCSA–2010–0022 

to Docket No. FMCSA–2011–0022. 

Issued On: February 11, 2011. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2011–3896 Filed 2–18–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2011–0011] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA). 

ACTION: Notice of applications for 

exemption from the diabetes mellitus 

standard; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 16 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 March 24, 2011. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2011–0011 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 selfaddressed, stamped envelope or 

postcard or print the acknowledgment 

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 

period. The 16 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 

Paul C. Anderson 

Mr. Anderson, age 59, has had ITDM 

since 2006. 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. 

Anderson 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 he has 

stable nonproliferative retinopathy in 

the right eye, and stable proliferative 

diabetic retinopathy in the left eye. He 

holds a Class B Commercial Drivers 

License (CDL) from Washington. 

Brenda A. Barnhill 

Ms. Barnhill, 54, has had ITDM since 

1996. Her endocrinologist examined her 

in 2010 and certified that she 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 her diabetes using insulin; 

and is able to drive a CMV safely. Ms. 

Barnhill meets the requirements of the 

vision standard at 49 CFR 391.41(b)(10). 

Her optometrist examined her in 2010 

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Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Notices 9855 

and certified that she does not have 

diabetic retinopathy. She holds a 

Chauffeur license from Indiana. 

Warren S. Brown 

Mr. Brown, 48, 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. 

Brown 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 Georgia. 

Gregory M. Cox 

Mr. Cox, 47, has had ITDM since 

2001. 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. 

Cox 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 New York. 

Bruce R. Davis 

Mr. Davis, 50, 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. 

Davis 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 

Jersey. 

Neal J. Gifford 

Mr. Gifford, 46, has had ITDM since 

1997. 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. 

Gifford 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. 

William Hepp 

Mr. Hepp, 70, has had ITDM since 

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. 

Hepp 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. 

Ryan B. Holmes 

Mr. Holmes, 25, 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. 

Holmes 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 Oregon. 

Todd A. Kozemchak 

Mr. Kozemchak, 46, 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. 

Kozemchak 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 

Pennsylvania. 

James L. Mynars 

Mr. Mynars, 55, 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. 

Mynars 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. 

Dale A. Roberts 

Mr. Roberts, 58, has had ITDM since 

1960. 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. 

Roberts 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. 

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9856 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Notices 

1Section 4129(a) refers to the 2003 notice as a 

‘‘final rule.’’ However, the 2003 notice did not issue 

a ‘‘final rule’’ but did establish the procedures and 

standards for issuing exemptions for drivers with 

ITDM. 

Clarence C. Schutz 

Mr. Schutz, 73, 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. 

Schutz 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 North Dakota. 

Aaron J. Shown 

Mr. Shown, 32, has had ITDM since 

1985. 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. 

Shown 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 Illinois. 

Daniel H. Starrett 

Mr. Starrett, 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. 

Starrett 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 

Minnesota. 

Bruce K. Thomas 

Mr. Thomas, 60, 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. 

Thomas 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 New York. 

Kory M. Tobias 

Mr. Tobias, 32, has had ITDM since 

1988. 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. 

Tobias 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. 

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. 

Issued on: February 15, 2011. 

Larry W. Minor, 

Associate Administrator, Office of Policy. 

[FR Doc. 2011–3906 Filed 2–18–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2011–0010] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemptions; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 23 individuals for 

exemption from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations. If granted, the exemptions 

would enable these individuals to 

qualify as drivers of commercial motor 

vehicles (CMVs) in interstate commerce 

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