22942 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices 

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 

sixteen individuals and requested 

comments from the public (76 FR 9854). 

The public comment period closed on 

March 24, 2011 and one comment was 

received. 

FMCSA has evaluated the eligibility 

of the sixteen 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 sixteen applicants have had 

ITDM over a range of 1 to 51 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 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 

William Hepp and Todd A. Kozemchak 

and are in favor of granting them 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 

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 

sixteen exemption applications, FMCSA 

exempts, Paul C. Anderson, Brenda A. 

Barnhill, Warren S. Brown, Gregory M. 

Cox, Bruce R. Davis, Neal J. Gifford, 

William Hepp, Ryan B. Homles, Todd 

A. Kozemchak, James L. Mynars, Dale 

A. Roberts, Charles C. Schutz, Andrew 

J. Shown, Daniel H. Starrett, Bruce K. 

Thomas and Kory M. Tobias 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 15, 2011. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2011–9897 Filed 4–22–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

Reports, Forms and Recordkeeping 

Requirements; Agency Information 

Collection Activity Under OMB Review 

AGENCY: Maritime Administration, DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.), this notice 


jdjones on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices 22943 

announces that the Information 

Collection abstracted below has been 

forwarded to the Office of Management 

and Budget (OMB) for review and 

approval. The nature of the information 

collection is described as well as its 

expected burden. The Federal Register 

Notice with a 60-day comment period 

soliciting comments on the following 

collection of information was published 

on February 3, 2011, and comments 

were due by April 4, 2011. No 

comments were received. 

DATES: Comments must be submitted on 

or before May 25, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Albert Bratton, Maritime 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

Telephone: 202–366–5769 or e-mail: 

albert.bratton@dot.gov. Copies of this 

collection also can be obtained from that 

office. 

SUPPLEMENTARY INFORMATION: 

Maritime Administration 

Title: Determination of Fair and 

Reasonable Rates for Carriage of 

Agriculture Cargoes on U.S.-Flag 

Commercial Vessels. 

OMB Control Number: 2133–0514. 

Type of Request: Extension of 

currently approved collection. 

Affected Public: U.S. citizens who 

own and operate U.S.-flag vessels. 

Forms: MA–1025, MA–1026, and 

MA–172. 

Abstract: This collection of 

information requires U.S.-flag operators 

to submit annual vessel operating costs 

and capital costs data to Maritime 

Administration officials. The 

information is used by the Maritime 

Administration in determining fair and 

reasonable guideline rates for the 

carriage of preference cargoes on U.S.- 

flag vessels. In addition, U.S.-flag vessel 

operators are required to submit Post 

Voyage Reports to the Maritime 

Administration after completion of a 

cargo preference voyage. 

Annual Estimated Burden Hours: 

546 hours. 

Addressees: Send comments to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, 725 17th Street, NW., 

Washington, DC 20503, Attention 

Maritime Administration Desk Officer. 

Comments Are Invited On: Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information will have 

practical utility; the accuracy of the 

agency’s estimate of the burden of the 

proposed information collection; ways 

to enhance the quality, utility and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

A comment to OMB is best assured of 

having its full effect if OMB receives it 

within 30 days of publication. 

Authority: 49 CFR 1.66. 

Dated: April 13, 2011. 

Christine Gurland, 

Secretary, Maritime Administration. 

[FR Doc. 2011–9906 Filed 4–22–11; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD 2011 0043] 

Information Collection Available for 

Public Comments and 

Recommendations 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the Maritime 

Administration’s (MARAD’s) intention 

to request extension of approval for 

three years of a currently approved 

information collection. 

DATES: Comments should be submitted 

on or before June 24, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Sheila Brown, Maritime Administration, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. Telephone: 

202–366–5178 or e-mail: 

sheila.brown@dot.gov. Copies of this 

collection also can be obtained from that 

office. 

SUPPLEMENTARY INFORMATION: 

Maritime Administration (MARAD) 

Title of Collection: Automated 

Mutual-Assistance Vessel Rescue 

System (AMVER). 

Type of Request: Extension of 

currently approved information 

collection. 

OMB Control Number: 2133–0025. 

Form Numbers: None. 

Expiration Date of Approval: Three 

years from date of approval by the 

Office of Management and Budget. 

Summary of Collection of 

Information: This collection of 

information is used to gather 

information regarding the location of 

U.S.-flag vessels and certain other U.S. 

citizen-owned vessels for the purpose of 

search and rescue in the saving of lives 

at sea and for the marshalling of ships 

for national defense and safety 

purposes. 

Need and Use of the Information: The 

collection of information is necessary 

for maintaining a current plot of U.S.- 

flag and U.S.-owned vessels. 

Description of Respondents: U.S.-flag 

and U.S. citizen-owned vessels. 

Annual Responses: 729,280 

responses. 

Annual Burden: 51,050 hours. 

Comments: Comments should refer to 

the docket number that appears at the 

top of this document. Written comments 

may be submitted to the Docket Clerk, 

U.S. DOT Dockets, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. Comments also 

may be submitted by electronic means 

via the Internet at http:// 

www.regulations.gov/search/index.jsp. 

Specifically address whether this 

information collection is necessary for 

proper performance of the functions of 

the agency and will have practical 

utility, accuracy of the burden 

estimates, ways to minimize this 

burden, and ways to enhance the 

quality, utility, and clarity of the 

information to be collected. All 

comments received will be available for 

examination at the above address 

between 10 a.m. and 5 p.m. EDT (or 

EST), Monday through Friday, except 

Federal Holidays. An electronic version 

of this document is available on the 

World Wide Web at http:// 

www.regulations.gov/search/index.jsp. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://www.regulations.gov/ 

search/index.jsp. 

Authority: 49 CFR 1.66. 

Dated: April 13, 2011. 

By Order of the Maritime Administrator. 

Christine Gurland, 

Secretary, Maritime Administration. 

[FR Doc. 2011–9905 Filed 4–22–11; 8:45 am] 

BILLING CODE 4910–81–P 


jdjones on DSKHWCL6B1PROD with NOTICES