Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Notices 20073 

turn movements at all required 

locations. A narrow boulevard with a 

typical cross section of 172 feet was 

found to have merit from traffic and 

safety standpoints, while still allowing 

turns as required. A wide boulevard, by 

comparison, was found to have 

substantially more impacts than the 

narrow boulevard, as its proposed rightof-way was about 30 feet wider. The 

wide boulevard was dropped from 

further consideration when the narrow 

boulevard was found to be equal from 

a traffic standpoint and acceptable from 

a design standpoint. 

Authority: 23 CFR 771.117. 

Issued on: April 5, 2011. 

Russell L. Jorgenson, 

Division Administrator, Lansing, Michigan. 

[FR Doc. 2011–8512 Filed 4–8–11; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2011–0080] 

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 23 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 May 11, 2011. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2011–0080 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online 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 acknowledgement 

page that appears after submitting 

comments online. 

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 23 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 

Donovan A. Bloomfield 

Mr. Bloomfield, age 48, 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. His endocrinologist certifies 

that Mr. Bloomfield understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Bloomfield meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2011 

and certified that he does not have 

diabetic retinopathy. He holds a Class D 

operator’s license from Massachusetts. 

Kyle T. Brewer 

Mr. Brewer, 28, has had ITDM since 

2001. His endocrinologist examined him 

in 2011 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. His endocrinologist 

certifies that Mr. Brewer understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Brewer meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2011 

and certified that he does not have 

diabetic retinopathy. He holds a Class B 

Commerical Driver’s License (CDL) from 

Nebraska. 

Rastus A. Bryant, Jr. 

Mr. Bryant, 56, has had ITDM since 

2010. His endocrinologist examined him 

in 2010 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 


srobinson on DSKHWCL6B1PROD with NOTICES
20074 Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Notices 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Bryant understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Bryant 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 South 

Carolina. 

Daniel J. Cahalan 

Mr. Cahalan, 55, has had ITDM since 

1998. 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. His endocrinologist 

certifies that Mr. Cahalan understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Cahalan meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2011 and certified that 

he does not have diabetic retinopathy. 

He holds a Class C operator’s license 

from North Carolina. 

Bill R. Dubson 

Mr. Dubson, 36, has had ITDM since 

1985. His endocrinologist examined him 

in 2011 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. His endocrinologist 

certifies that Mr. Dubson understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Dubson meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2011 

and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class D operator’s license 

from Illinois. 

Paul C. Farley 

Mr. Farley, 50, has had ITDM since 

1987. His endocrinologist examined him 

in 2011 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. His endocrinologist 

certifies that Mr. Farley understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Farley 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 

Connecticut. 

Daniel E. Farmer 

Mr. Farmer, 53, 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. His endocrinologist 

certifies that Mr. Farmer understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Farmer 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 E operator’s license 

from Missouri. 

C. Shawn Fox 

Mr. Fox, 44, has had ITDM since 

2007. His endocrinologist examined him 

in 2010 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Fox understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Fox 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. 

Brad S. Gray 

Mr. Gray, 54, has had ITDM since 

2006. His endocrinologist examined him 

in 2011 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. His endocrinologist 

certifies that Mr. Gray understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Gray 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 Maryland. 

Ken M. Jorgenson 

Mr. Jorgenson, 58, 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. His endocrinologist certifies 

that Mr. Jorgenson understands diabetes 

management and monitoring, has stable 

control of his diabetes using insulin, 

and is able to drive a CMV safely. Mr. 

Jorgenson meets the requirements of the 

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

His ophthalmologist examined him in 

2010 and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Minnesota. 

Troy M. Keller 

Mr. Keller, 21, has had ITDM since 

1994. His endocrinologist examined him 

in 2011 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. His endocrinologist 

certifies that Mr. Keller understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Keller 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. 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Notices 20075 

He holds a Class A CDL from 

Pennsylvania. 

Edmund D. Kilmartin, III 

Mr. Kilmartin, 57, has had ITDM 

since 2009. His endocrinologist 

examined him in 2011 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. His endocrinologist certifies 

that Mr. Kilmartin understands diabetes 

management and monitoring, has stable 

control of his diabetes using insulin, 

and is able to drive a CMV safely. Mr. 

Kilmartin 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 Michigan. 

Lonnie L. Little 

Mr. Little, 45, 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. His endocrinologist 

certifies that Mr. Little understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Little 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. 

Michael G. Moseley 

Mr. Moseley, 45, 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. His endocrinologist 

certifies that Mr. Moseley understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Moseley 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 

Carolina. 

William M. Munn 

Mr. Munn, 67, has had ITDM since 

2001. His endocrinologist examined him 

in 2011 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. His endocrinologist 

certifies that Mr. Munn understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Munn 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 Washington DC. 

Jeffrey M. Sandler 

Mr. Sandler, 50, has had ITDM for the 

past 15 years. His endocrinologist 

examined him in 2011 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. His endocrinologist certifies 

that Mr. Sandler understands diabetes 

management and monitoring, has stable 

control of his diabetes using insulin, 

and is able to drive a CMV safely. Mr. 

Sandler 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 California. 

Donald R. Sine, Jr. 

Mr. Sine, 56, 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. His endocrinologist 

certifies that Mr. Sine understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Sine 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 West Virginia. 

Edward C. Sinkhorn, Jr. 

Mr. Sinkhorn, 72, 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. His endocrinologist 

certifies that Mr. Sinkhorn understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Sinkhorn 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 Indiana. 

Wanda S. Sloan 

Ms. Sloan, 61, has had ITDM since 

2010. Her endocrinologist examined her 

in 2011 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. Her endocrinologist certifies that 

Ms. Sloan understands diabetes 

management and monitoring, has stable 

control of her diabetes using insulin, 

and is able to drive a CMV safely. Ms. 

Sloan meets the requirements of the 

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

Her optometrist examined her in 2011 

and certified that she does not have 

diabetic retinopathy. She holds a Class 

D operator’s license from Tennessee. 

John C. Stephens 

Mr. Stephens, 66, has had ITDM since 

1980. His endocrinologist examined him 

in 2011 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. His endocrinologist 

certifies that Mr. Stpehens understands 

diabetes management and monitoring, 


srobinson on DSKHWCL6B1PROD with NOTICES
20076 Federal Register / Vol. 76, No. 69 / Monday, April 11, 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. 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Stephens 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. 

Francisco M. Torres 

Mr. Torres, 34, has had ITDM since 

1998. 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. His endocrinologist 

certifies that Mr. Torres understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Torres 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 Mexico. 

Dale R. Walton 

Mr. Walton, 53, has had ITDM since 

2010. His endocrinologist examined him 

in 2010 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Walton understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Walton 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 

Pennsylvania 

Mark H. Wilcox 

Mr. Wilcox, 52, has had ITDM since 

2007. His endocrinologist examined him 

in 2010 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Wilcox understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Wilcox meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2011 

and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class A CDL from 

Minnesota. 

Request for Comments 

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

and 31315, FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. We will consider all 

comments received before the close of 

business on the closing date indicated 

in the date section of the notice. 

FMCSA notes that section 4129 of the 

Safe, Accountable, Flexible and 

Efficient Transportation Equity Act: A 

Legacy for Users requires the Secretary 

to revise its diabetes exemption program 

established on September 3, 2003 (68 FR 

52441).1 The revision must provide for 

individual assessment of drivers with 

diabetes mellitus, and be consistent 

with the criteria described in section 

4018 of the Transportation Equity Act 

for the 21st Century (49 U.S.C. 31305). 

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: March 31, 2011. 

Pamela M. Pelcovits, 

Director, Office of Policy, Plans and 

Regulations. 

[FR Doc. 2011–8561 Filed 4–8–11; 8:45 am] 

BILLING CODE 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 final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt 23 individuals from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations 

(FMCSRs). The exemptions will enable 

these individuals to operate commercial 

motor vehicles (CMVs) in interstate 

commerce without meeting the 

prescribed vision standard. The Agency 

has concluded that granting these 

exemptions will provide a level of safety 

that is equivalent to, or greater than, the 

level of safety maintained without the 

exemptions for these CMV drivers. 

DATES: The exemptions are effective 

April 11, 2011. The exemptions expire 

on April 11, 2013. 

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: 

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:// 


srobinson on DSKHWCL6B1PROD with NOTICES