21792 Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Notices 

identify periods of reduced vigilance. The 

NTSB concludes that had the accident truck 

been equipped with a VER, a more definitive 

assessment of the driver’s precrash condition 

and behavior would have been possible 

* * * 

The NTSB has long advocated the use of 

recording devices as a means of quantifying 

operator and vehicle behaviors in other 

modes of transportation. NTSB investigations 

have benefitted from the presence of data, 

video, and audio recorders in most modes of 

transportation, and it is evident from 

FMCSA-funded research that VER data are 

being used on a routine basis by 

transportation safety managers to reduce 

risky behaviors by their drivers through 

structured safety-performance-monitoring 

programs * * * 

The Miami accident investigation shows 

not only the value of having scientific, 

unbiased data available when investigating 

and reconstructing highway transportation 

accidents but also the value of having videobased event data to correlate with analog and 

digital EDR data to establish a driver’s 

condition and state of attention. Heavy 

commercial vehicle industry members could 

also realize safety, cost, and other benefits by 

installing VERs in all their vehicles. 

Therefore, the NTSB recommends that the 

FMCSA require all heavy commercial 

vehicles to be equipped with VERs that 

capture data in connection with the driver 

and the outside environment and roadway in 

the event of a crash or sudden deceleration 

event. The device should create recordings 

that are easily accessible for review when 

conducting efficiency testing and systemwide 

performance-monitoring programs. Further, 

the NTSB recommends that the FMCSA 

require motor carriers to review and use VER 

information in conjunction with other 

performance data to verify that driver actions 

are in accordance with company and 

regulatory rules and procedures essential to 

safety. 

NTSB/HAR–10/02, at 67, 68. 

Renewal of the existing exemption to 

enable the continued voluntary use of 

video event recorders is consistent with 

the NTSB’s efforts to expand the use of 

such technology as noted above. 

On May 15, 2009, FMCSA received a 

letter from Karen S. Burstein, counsel 

for Transport Workers Union (TWU) 

Local 101 (‘‘Local 101’’), requesting 

temporary suspension of the DriveCam 

exemption. Local 101 expressed 

concerns regarding the use and 

installation of video event recorders on 

CMVs operated by National Grid, a 

utility operator in the northeastern 

United States. A copy of this letter was 

placed in the docket established by 

FMCSA for its notice of the DriveCam 

application for an exemption and 

request for public comments (Docket 

No. FMCSA–2008–0312). 

FMCSA determined that the 

information provided by Local 101 did 

not warrant suspension of the 

exemption. Local 101 did not provide 

specific evidence that safety was 

compromised through use of the video 

event recorders. With respect to drivers’ 

field of view, FMCSA concluded that, 

provided the video event recorders are 

positioned within the top two inches of 

the area swept by the windshield wiper, 

as specified in the 2009 exemption, 

drivers’ vision is not impacted any more 

than when—for example—the sun visor 

is lowered. As noted in the original 

exemption, trucks and buses generally 

have an elevated seating position which 

greatly improves the forward visual 

field of the driver, and any impairment 

of available sight lines is minimal. 

However, as a result of the letter from 

Local 101, FMCSA requested (1) that 

DriveCam place in the docket specific 

mounting instructions for its video 

event recorder unit, and (2) that 

DriveCam representatives visit National 

Grid to review installation of the video 

event recorder units in its vehicles. 

DriveCam satisfactorily addressed both 

of these requests. 

Exemption Decision 

FMCSA is not aware of any evidence 

showing that the installation of video 

event recorders on CMVs, in accordance 

with the conditions of the original 

exemption, has resulted in any 

degradation in safety. FMCSA continues 

to believe that the potential safety gains 

from the use of video event recorders to 

improve driver behavior will improve 

the overall level of safety to the 

motoring public. 

The exemption is renewed subject to 

the requirements that video event 

recorders installed in commercial motor 

vehicles be mounted not more than 

50mm (2 inches) below the upper edge 

of the area swept by the windshield 

wipers, and located outside the driver’s 

sight lines to the road and highway 

signs and signals. The exemption will 

be valid for two years unless rescinded 

earlier by FMCSA. The exemption will 

be rescinded if: (1) Motor carriers and/ 

or commercial motor vehicles fail 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. 

The Agency believes that extending 

the exemption for another two years 

will likely achieve a level of safety that 

is equivalent to, or greater than, the 

level of safety achieved without the 

exemption because (1) based on the 

technical information available, there is 

no indication that the video event 

recorders obstruct drivers’ views of the 

roadway, highway signs and 

surrounding traffic; (2) trucks and buses 

generally have an elevated seating 

position which greatly improves the 

forward visual field of the driver, and 

any impairment of available sight lines 

is minimal; and (3) the location within 

the top two inches of the area swept by 

the windshield wiper and out of the 

driver’s normal sightline is reasonable 

and enforceable at roadside. In addition, 

the Agency believes that the use of 

video event recorders by fleets to deter 

unsafe driving behavior is likely to 

improve the overall level of safety to the 

motoring public. Without the 

exemption, FMCSA would be unable to 

continue to test this innovative safety 

management control system. 

Request for Comments 

FMCSA requests comments from 

parties with data concerning the safety 

record of CMVs equipped with video 

event recorders by May 18, 2011. The 

Agency will evaluate any data 

submitted and, if adverse evidence 

suggests that 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 take 

immediate steps to revoke the DriveCam 

exemption. 

Issued on: April 13, 2011. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2011–9319 Filed 4–15–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2011–0093] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemption from the diabetes mellitus 

standard; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 21 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 18, 2011. 


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Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Notices 21793 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2011–0093 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 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 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 21 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 

Jerry L. Arrington 

Mr. Arrington, age 61, has had ITDM 

since 1992. 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. Arrington understands diabetes 

management and monitoring, has stable 

control of his diabetes using insulin, 

and is able to drive a CMV safely. Mr. 

Arrington 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 D 

operator’s license from Alabama. 

Edward W. Carlson 

Mr. Carlson, 62, has had ITDM since 

2007. 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. Carlson understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Carlson 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 A CDL from 

Washington. 

Thomas F. Cook 

Mr. Cook, 59, has had ITDM since 

2011. 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. Cook understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Cook 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 A CDL from Iowa. 

Dale C. Cromer 

Mr. Cromer, 49, has had ITDM since 

2008. 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. Cromer understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Cromer 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 B CDL from California. 

Jerry R. Earle 

Mr. Earle, 57, 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. Earle understands 

diabetes management and monitoring, 

has stable control of his diabetes using 


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21794 Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Notices 

insulin, and is able to drive a CMV 

safely. Mr. Earle 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 New Mexico. 

Terry J. Johnson 

Mr. Johnson, 60, 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. Johnson understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Johnson 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. 

Ida D. Kidd 

Ms. Kidd, 54, 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. Kidd understands diabetes 

management and monitoring, has stable 

control of her diabetes using insulin, 

and is able to drive a CMV safely. Ms. 

Kidd meets the requirements of the 

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

Her optometrist examined her in 2010 

and certified that she does not have 

diabetic retinopathy. She holds a Class 

B CDL from New Jersey. 

Ronald J. Klinke 

Mr. Klinke, 50, 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. Klinke understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Klinke meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2010 

and certified that he has stable 

proliferative diabetic retinopathy. He 

holds a Class A CDL from Wisconsin. 

Raymond H. LaGrow 

Mr. LaGrow, 46, has had ITDM since 

2010. 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. LaGrow understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. LaGrow 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 A CDL from New York. 

Doyle F. Love 

Mr. Love, 49, has had ITDM since 

2010. 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. Love understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Love 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 A CDL from Georgia. 

Todd L. McAuley 

Mr. McAuley, 49, 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. McAuley understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. McAuley 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 A 

CDL from North Carolina. 

Stephen A. Miles 

Mr. Miles, 51, 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. His endocrinologist 

certifies that Mr. Miles understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Miles 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. 

David W. Neher 

Mr. Neher, 32, has had ITDM since 

2007. 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. Neher understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Neher 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 D operator’s license 

from New Jersey. 

Richard S. Polly 

Mr. Polly, 65, 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 


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Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Notices 21795 

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. 

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. Polly understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Polly 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 CDL 

from New Jersey. 

Edgar M. Ridlon 

Mr. Ridlon, 78, 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. Ridlon understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Ridlon 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 A CDL from Vermont. 

Andrew M. Schutt 

Mr. Schutt, 28, 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. Schutt understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Schutt 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 A CDL from Illinois. 

Billy Joe Sisk 

Mr. Sisk, 43, has had ITDM for 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. Sisk understands diabetes 

management and monitoring, has stable 

control of his diabetes using insulin, 

and is able to drive a CMV safely. Mr. 

Sisk 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. 

Robert J. Talbert 

Mr. Talbert, 53, has had ITDM since 

2005. 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. Talbert understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Talbert 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 A CDL from Illinois. 

Gregory L. Whitt 

Mr. Whitt, 55, 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. His endocrinologist 

certifies that Mr. Whitt understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Whitt 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 Alabama. 

John W. Wortman 

Mr. Wortman, 50, has had ITDM since 

2010. 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. Wortman understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Wortman 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 A CDL from Wisconsin 

. 

Kemlyn K. Yowell 

Mr. Yowell, 46, has had ITDM since 

1986. 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. Yowell understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Yowell 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 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 


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21796 Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Notices 

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: April 7, 2011. 

Larry W. Minor, 

Associate Administrator, Office of Policy. 

[FR Doc. 2011–9323 Filed 4–15–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2000–8398; FMCSA– 

2002–13411; FMCSA–2003–14223; FMCSA– 

2004–17984; FMCSA–2004–19477; FMCSA– 

2005–20027; FMCSA–2005–22727; FMCSA– 

2007–27333; FMCSA–2007–27897; FMCSA– 

2006–25246; FMCSA–2008–0340; FMCSA– 

2008–0398; FMCSA–2009–0054] 

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 40 

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 May 7, 

2011. Comments must be received on or 

before May 18, 2011. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) numbers: FMCSA– 

2000–8398; FMCSA–2002–13411; 

FMCSA–2003–14223; FMCSA–2004– 

17984; FMCSA–2004–19477; FMCSA– 

2005–20027; FMCSA–2005–22727; 

FMCSA–2007–27333; FMCSA–2007– 

27897; FMCSA–2006–25246; FMCSA– 

2008–0340; FMCSA–2008–0398; 

FMCSA–2009–0054, 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:// 

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 40 individuals 

who have requested renewal of their 

exemptions in accordance with FMCSA 

procedures. FMCSA has evaluated these 

40 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

Rex A. Botsford 

Curtis F. Caddy, III. 

William D. Cardiff 

Roger C. Carson 

Dan B. Clark 

Gregory L. Cooper 

Kenneth D. Craig 

Terry J. Dare 

Christopher A. Deadman 

Vincent C. Durazzo, Jr. 

Jerald O. Edwards 

Breck L. Falcon 

Kenneth Flack, Jr. 

Maylin E. Frickey 

David R. Gross 

Vincent E. Hardin 

Larry M. Hawkins 


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