22940 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices 

applications per year, submitted by 

mail. Data, which is extracted from the 

form, is necessary to determine 

qualifications, and selections, in 

accordance with Federal policies. 

Dated: April 5, 2011. 

Ruben Torres, 

Director, HR/EX, Department of State. 

[FR Doc. 2011–9952 Filed 4–22–11; 8:45 am] 

BILLING CODE 4710–15–P 

DEPARTMENT OF TRANSPORTATION 

Intelligent Transportation Systems 

Program Advisory Committee; Notice 

of Meeting 

AGENCY: Research and Innovative 

Technology Administration, DOT. 

ACTION: Notice. 

This notice announces, pursuant to 

Section 10(a)(2) of the Federal Advisory 

Committee Act (FACA) (Pub. L. 72–363; 

5 U.S.C. app. 2), a Web conference of 

the Intelligent Transportation Systems 

(ITS) Program Advisory Committee (ITS 

PAC). The Web conference will be held 

on May 18, 2011, from 1 p.m. to 4 p.m. 

The ITS PAC, established under 

Section 5305 of Public Law 109–59, 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users, August 10, 2005, and re-chartered 

on February 7, 2010, was created to 

advise the Secretary of Transportation 

on all matters relating to the study, 

development, and implementation of 

intelligent transportation systems. 

Through its sponsor, the ITS Joint 

Program Office (JPO), the ITS PAC 

makes recommendations to the 

Secretary regarding ITS Program needs, 

objectives, plans, approaches, content, 

and progress. 

Following is the Web conference 

preliminary agenda: (1) Welcome and 

Opening Remarks; (2) Review 

Technology Strategy Subcommittee 

Findings; (3) Review Standards and 

Harmonization Subcommittee Findings; 

(4) Review Program Evaluation and 

Strategy Subcommittee Findings; and 

(5) Summary and Action Item Review. 

The Web conference will be available 

to the public, but limited conference 

lines will be available on a first-come, 

first-serve basis. Members of the public 

who wish to participate must notify Mr. 

Stephen Glasscock, the Committee 

Designated Federal Official, at (202) 

366–9126 no later than May 11, 2011, at 

which time the Web conference URL 

and call-in phone number will be 

provided. Members of the public who 

wish to present oral statements during 

the Web conference must request 

approval from Mr. Glasscock no later 

than May 11, 2011. 

Questions about the agenda or written 

comments may be submitted by U.S. 

Mail to: U.S. Department of 

Transportation, Research and Innovative 

Technology Administration, ITS Joint 

Program Office, Attention: Stephen 

Glasscock, 1200 New Jersey Avenue, 

SE., HOIT, Room E33–415, Washington, 

DC 20590 or faxed to (202) 493–2027. 

The JPO requests that written comments 

be submitted no later than May 11, 

2011. 

Notice of this Web conference is 

provided in accordance with the FACA 

and the General Services 

Administration regulations (41 CFR part 

102–3) covering management of Federal 

advisory committees. 

Issued in Washington, DC, on the 19th day 

of April 2011. 

Linda Dodge, 

Chief of Staff, ITS Joint Program Office. 

[FR Doc. 2011–9954 Filed 4–22–11; 8:45 am] 

BILLING CODE 4910–HY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2011–0025] 

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 twenty-one 

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 

April 25, 2011. The exemptions expire 

on April 25, 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 February 22, 2011, FMCSA 

published a notice of receipt of Federal 

diabetes exemption applications from 

twenty-one individuals and requested 

comments from the public (76 FR 9862). 

The public comment period closed on 

March 24, 2011 and no comments were 

received. 

FMCSA has evaluated the eligibility 

of the twenty-one 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 


jdjones on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices 22941 

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 twenty-one applicants have had 

ITDM over a range of 1 to 19 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 February 

22, 2011, Federal Register notice and 

they will not be repeated in this notice. 

Discussion of Comment 

FMCSA did not receive any 

comments in this proceeding. 

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 

not it is related to an episode of 

hypoglycemia; (3) that each individual 

provide a copy of the ophthalmologist’s 

or optometrist’s report to the medical 

examiner at the time of the annual 

medical examination; and (4) that each 

individual provide a copy of the annual 

medical certification to the employer for 

retention in the driver’s qualification 

file, or keep a copy in his/her driver’s 

qualification file if he/she is selfemployed. The driver must also have a 

copy of the certification when driving, 

for presentation to a duly authorized 

Federal, State, or local enforcement 

official. 

Conclusion 

Based upon its evaluation of the 

twenty-one exemption applications, 

FMCSA exempts, Kevin J. Agler, Roger 

R. Cabana, Andrew J. Causey, Steven J. 

Ceckiewicz, Jamie P. Chapman, Dennis 

J. Dallmann, Wade Dawson, Craig A. 

Fisher, Ryan D. Gibson, Omar S. Griffin 

Jr., George E. Heffernan, Dennis 

Hohnerlein, Joshua P. Kramer, Chad M. 

Kunkel, Donald L. Kurtz, Jeffery S. 

Lomber, Rodney C. McCowan, Jennifer 

L. Moran, Kevin J. Van Horn, Jimmy M. 

Welch and Michael L. Wintrow from the 

ITDM standard in 49 CFR 391.41(b)(3), 

subject to the conditions listed under 

‘‘Conditions and Requirements’’ above. 

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

and 31315 each exemption will be valid 

for two years unless revoked earlier by 

FMCSA. The exemption will be revoked 

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. If the exemption is still effective 

at the end of the 2-year period, the 

person may apply to FMCSA for a 

renewal under procedures in effect at 

that time. 

Issued on: April 14, 2011. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2011–9896 Filed 4–22–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2011–0011] 

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 sixteen 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 

April 25, 2011. The exemptions expire 

on April 25, 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) 


jdjones on DSKHWCL6B1PROD with NOTICES