Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Notices 9865 

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. 

Her optometrist examined her in 2010 

and certified that she does not have 

diabetic retinopathy. She holds a Class 

C operator’s license from Iowa. 

Kevin J. Van Horn 

Mr. Van Horn, 54, 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. 

Van Horn 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 Michigan. 

Jimmy M. Welch 

Mr. Welch, 56, 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. 

Welch 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 Montana. 

Michael L. Wintrow 

Mr. Wintrow, 53, has had ITDM since 

2002. 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. 

Wintrow 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). 

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: February 14, 2011. 

Larry W. Minor, 

Associate Administrator, Office of Policy. 

[FR Doc. 2011–3897 Filed 2–18–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2000–7006; FMCSA– 

2006–25246; FMCSA–2006–26066] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew the exemptions from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations for 13 

individuals. FMCSA has statutory 

authority to exempt individuals from 

the vision requirement if the 

exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemption renewals will provide a level 

of safety that is equivalent to, or greater 

than, the level of safety maintained 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

DATES: This decision is effective March 

1, 2011. Comments must be received on 

or before March 24, 2011. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) numbers: FMCSA– 

2000–7006; FMCSA–2006–25246; 

FMCSA–2006–26066, 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 or Courier: 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 number for this notice. Note that 

DOT posts all comments received 

without change to http:// 

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9866 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Notices 

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 

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 renew an exemption from 

the vision requirements in 49 CFR 

391.41(b)(10), which applies to drivers 

of CMVs in interstate commerce, for a 

two-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 procedures 

for requesting an exemption (including 

renewals) are set out in 49 CFR part 381. 

Exemption Decision 

This notice addresses 13 individuals 

who have requested renewal of their 

exemptions in accordance with FMCSA 

procedures. FMCSA has evaluated these 

13 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. 

They are: 

Kreis C. Baldridge 

James L. Baynes 

Daniel H. Bungartz 

Steven J. Clark 

Donald D. Daniels 

Michael A. Fouch 

Thanh V. Ha 

Carl A. Lohrbach 

Jeffrey L. Olson 

Donnie Riggs 

Randall S. Surber 

Ernest W. Waff 

Joseph W. Wigley 

The exemptions are extended subject 

to the following conditions: (1) That 

each individual has a physical 

examination every year (a) by an 

ophthalmologist or optometrist who 

attests that the vision in the better eye 

continues to meet the standard in 49 

CFR 391.41(b)(10), and (b) by a medical 

examiner who attests that the individual 

is otherwise physically qualified under 

49 CFR 391.41; (2) that each individual 

provides a copy of the ophthalmologist’s 

or optometrist’s report to the medical 

examiner at the time of the annual 

medical examination; and (3) that each 

individual provide a copy of the annual 

medical certification to the employer for 

retention in the driver’s qualification 

file and retains a copy of the 

certification on his/her person while 

driving for presentation to a duly 

authorized Federal, State, or local 

enforcement official. Each exemption 

will be valid for two years unless 

rescinded earlier by FMCSA. The 

exemption will be rescinded if: (1) The 

person fails to comply with the terms 

and conditions of the exemption; (2) the 

exemption has resulted in a lower level 

of safety than was maintained before it 

was granted; or (3) continuation of the 

exemption would not be consistent with 

the goals and objectives of 49 U.S.C. 

31136(e) and 31315. 

Basis for Renewing Exemptions 

Under 49 U.S.C. 31315(b)(1), an 

exemption may be granted for no longer 

than two years from its approval date 

and may be renewed upon application 

for additional two-year periods. In 

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

31315, each of the 13 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (65 FR 20245; 65 FR 

57230; 67 FR 57266; 69 FR 52741; 71 FR 

55820; 71 FR 63379; 72 FR 180; 72 FR 

9397; 72 FR 1050; 74 FR 6211). Each of 

these 13 applicants has requested 

renewal of the exemption and has 

submitted evidence showing that the 

vision in the better eye continues to 

meet the standard specified at 49 CFR 

391.41(b)(10) and that the vision 

impairment is stable. In addition, a 

review of each record of safety while 

driving with the respective vision 

deficiencies over the past two years 

indicates each applicant continues to 

meet the vision exemption standards. 

These factors provide an adequate basis 

for predicting each driver’s ability to 

continue to drive safely in interstate 

commerce. Therefore, FMCSA 

concludes that extending the exemption 

for each renewal applicant for a period 

of two years is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

Request for Comments 

FMCSA will review comments 

received at any time concerning a 

particular driver’s safety record and 

determine if the continuation of the 

exemption is consistent with the 

requirements at 49 U.S.C. 31136(e) and 

31315. However, FMCSA requests that 

interested parties with specific data 

concerning the safety records of these 

drivers submit comments by March 24, 

2011. 

FMCSA believes that the 

requirements for a renewal of an 

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

31315 can be satisfied by initially 

granting the renewal and then 

requesting and evaluating, if needed, 

subsequent comments submitted by 

interested parties. As indicated above, 

the Agency previously published 

notices of final disposition announcing 

its decision to exempt these 13 

individuals from the vision requirement 

in 49 CFR 391.41(b)(10). The final 

decision to grant an exemption to each 

of these individuals was made on the 

merits of each case and made only after 

careful consideration of the comments 

received to its notices of applications. 

The notices of applications stated in 

detail the qualifications, experience, 

and medical condition of each applicant 

for an exemption from the vision 

requirements. That information is 

available by consulting the above cited 

Federal Register publications. 

Interested parties or organizations 

possessing information that would 

otherwise show that any, or all, of these 

drivers are not currently achieving the 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

evidence submitted and, if safety is 

being compromised or if continuation of 

the exemption would not be consistent 

with the goals and objectives of 49 

U.S.C. 31136(e) and 31315, FMCSA will 

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Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Notices 9867 

take immediate steps to revoke the 

exemption of a driver. 

Issued on: February 11, 2011. 

Larry W. Minor, 

Associate Administrator, Office of Policy. 

[FR Doc. 2011–3900 Filed 2–18–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2010–0427] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt fifteen individuals 

from its rule prohibiting persons with 

insulin-treated diabetes mellitus (ITDM) 

from operating commercial motor 

vehicles (CMVs) in interstate commerce. 

The exemptions will enable these 

individuals to operate CMVs in 

interstate commerce. 

DATES: The exemptions are effective 

February 22, 2011. The exemptions 

expire on February 22, 2013. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, Room 

W64–224, Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. Office hours are from 8:30 a.m. to 

5 p.m., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at: http:// 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.gov and/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. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of DOT’s 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, or 

other entity). You may review DOT’s 

Privacy Act Statement for the Federal 

Docket Management System (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. 

Background 

On January 10, 2011, FMCSA 

published a notice of receipt of Federal 

diabetes exemption applications from 

fifteen individuals and requested 

comments from the public (76 FR 1496). 

The public comment period closed on 

February 9, 2011 and one comment was 

received. 

FMCSA has evaluated the eligibility 

of the fifteen applicants and determined 

that granting the exemptions to these 

individuals would achieve a level of 

safety equivalent to, or greater than, the 

level that would be achieved by 

complying with the current regulation 

49 CFR 391.41(b)(3). 

Diabetes Mellitus and Driving 

Experience of the Applicants 

The Agency established the current 

standard for diabetes in 1970 because 

several risk studies indicated that 

drivers with diabetes had a higher rate 

of crash involvement than the general 

population. The diabetes rule provides 

that ‘‘A person is physically qualified to 

drive a commercial motor vehicle if that 

person has no established medical 

history or clinical diagnosis of diabetes 

mellitus currently requiring insulin for 

control’’ (49 CFR 391.41(b)(3)). 

FMCSA established its diabetes 

exemption program, based on the 

Agency’s July 2000 study entitled ‘‘A 

Report to Congress on the Feasibility of 

a Program to Qualify Individuals with 

Insulin-Treated Diabetes Mellitus to 

Operate in Interstate Commerce as 

Directed by the Transportation Act for 

the 21st Century.’’ The report concluded 

that a safe and practicable protocol to 

allow some drivers with ITDM to 

operate CMVs is feasible. The 

September 3, 2003 (68 FR 52441) 

Federal Register notice in conjunction 

with the November 8, 2005 (70 FR 

67777) Federal Register notice provides 

the current protocol for allowing such 

drivers to operate CMVs in interstate 

commerce. 

These fifteen applicants have had 

ITDM over a range of 1 to 33 years. 

These applicants report no severe 

hypoglycemic reactions resulting in loss 

of consciousness or seizure, requiring 

the assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning 

symptoms, in the past 12 months and no 

recurrent (2 or more) severe 

hypoglycemic episodes in the past 5 

years. In each case, an endocrinologist 

verified that the driver has 

demonstrated a willingness to properly 

monitor and manage his/her diabetes 

mellitus, received education related to 

diabetes management, and is on a stable 

insulin regimen. These drivers report no 

other disqualifying conditions, 

including diabetes-related 

complications. Each meets the vision 

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

The qualifications and medical 

condition of each applicant were stated 

and discussed in detail in the January 

10, 2010, Federal Register notice and 

they will not be repeated in this notice. 

Discussion of Comment 

FMCSA received one comment in this 

proceeding. The comment was 

considered and discussed below. 

The Pennsylvania Department of 

Transportation stated that it had 

reviewed the driving records for Vincent 

J. Laird and are in favor of granting him 

a Federal diabetes exemption. 

Basis for Exemption Determination 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption from 

the diabetes standard in 49 CFR 

391.41(b)(3) if the exemption is likely to 

achieve an equivalent or greater level of 

safety than would be achieved without 

the exemption. The exemption allows 

the applicants to operate CMVs in 

interstate commerce. 

To evaluate the effect of these 

exemptions on safety, FMCSA 

considered medical reports about the 

applicants’ ITDM and vision, and 

reviewed the treating endocrinologists’ 

medical opinion related to the ability of 

the driver to safely operate a CMV while 

using insulin. 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the diabetes standard in 49 CFR 

391.41(b)(3) is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

Conditions and Requirements 

The terms and conditions of the 

exemption will be provided to the 

applicants in the exemption document 

and they include the following: (1) That 

each individual submit a quarterly 

monitoring checklist completed by the 

treating endocrinologist as well as an 

annual checklist with a comprehensive 

medical evaluation; (2) that each 

individual reports within 2 business 

days of occurrence, all episodes of 

severe hypoglycemia, significant 

complications, or inability to manage 

diabetes; also, any involvement in an 

accident or any other adverse event in 

a CMV or personal vehicle, whether or 

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