Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Notices 25227 

regulatory guidance on OSA. This will 

enable interested parties a better 

opportunity to focus on and provide 

comments on this important safety 

issue. 

Issued on: April 20, 2012. 

William Bronrott, 

Deputy Administrator. 

[FR Doc. 2012–10176 Filed 4–26–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2011–0383] 

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 seventeen 

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 27, 2012. The exemptions expire 

on April 28, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Elaine M. Papp, Chief, Medical 

Programs Division, (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 March 7, 2012, FMCSA published 

a notice of receipt of Federal diabetes 

exemption applications from seventeen 

individuals and requested comments 

from the public (77 FR 13686). The 

public comment period closed on 

April 6, 2012, and no comments were 

received. 

FMCSA has evaluated the eligibility 

of the seventeen 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 

requirement 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 seventeen applicants have had 

ITDM over a range of 1 to 16 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 

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

The qualifications and medical 

condition of each applicant were stated 

and discussed in detail in the March 7, 

2012, Federal Register notice and they 

will not be repeated in this notice. 

Discussion of Comment 

FMCSA received one comment in this 

proceeding. The Pennsylvania 

Department of Transportation stated 

that it has reviewed the driving history 

for William F. Watkins, Jr. and is in 

favor of granting him a Federal Diabetes 

exemption. 

Basis for Exemption Determination 

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

FMCSA may grant an exemption from 

the diabetes requirement 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 requirement 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 

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25228 Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Notices 

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 

seventeen exemption applications, 

FMCSA exempts, Alvin Acevedo (NJ), 

Jerry D. Baughn (KS), Bobby D. Bennett 

(GA), Mark S. Clemence (KS), Larry G. 

Foley (WV), Elwood F. Gorom (WA), 

Larry A. Grizzel (IN), Mike W. Holland 

(IL), Steven M. Lewis, Sr. (NC), Dan M. 

McAllister (WI), Meredith M. McCabe 

(GA), Paul F. Rivers (MN), Marcus V. 

Romo (ID), Gary L. Siverson (ND), 

Wayne L. Snyder (OH), William F. 

Watkins, Jr. (PA) and Justin K. 

Zimmerschied (KS) from the ITDM 

requirement 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 the following occurs: (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 16, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2012–10170 Filed 4–26–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2012–0031] 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

this document provides the public 

notice that by a document dated March 

14, 2012, the City of Sacramento, CA 

(City), has petitioned the Federal 

Railroad Administration (FRA) for a 

waiver of compliance from certain 

provisions of the Federal railroad safety 

regulations contained at 49 CFR Part 

222. FRA assigned the petition Docket 

Number FRA–2012–0031. 

The City is seeking a waiver from the 

provisions of 49 CFR 222.9, the 

definition of a non-traversable curb, so 

that an existing public crossing, Power 

Inn Road (DOT #752887F), can be 

deemed an acceptable supplementary 

safety measure (SSM). The Power Inn 

Road crossing is equipped with flashing 

lights, gates, and medians that comply 

with all of the requirements necessary to 

be an SSM with non-traversable curbs; 

except for the fact that the posted 

highway speed limit is 45 mph instead 

of 40 mph, as required in the definition. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov and in person at 

the U.S. Department of Transportation’s 

(DOT) Docket Operations Facility, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. The Docket 

Operations Facility is open from 9 a.m. 

to 5 p.m., Monday through Friday, 

except Federal Holidays. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted by any of the following 

methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

Communications received by June 11, 

2012 will be considered by FRA before 

final action is taken. Comments received 

after that date will be considered as far 

as practicable. 

Anyone is able to search the 

electronic form of any written 

communications and 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 

online at http://www.dot.gov/ 

privacy.html. 

Issued in Washington, DC, on April 23, 

2012. 

Ron Hynes, 

Acting Deputy Associate Administrator for 

Regulatory and Legislative Operations. 

[FR Doc. 2012–10234 Filed 4–26–12; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2012–0030] 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

this document provides the public 

notice that by a document dated March 

1, 2012, the City of Sacramento, CA 

(City), has petitioned the Federal 

Railroad Administration (FRA) for a 

waiver of compliance from certain 

provisions of the Federal railroad safety 

regulations contained at 49 CFR part 

222. FRA assigned the petition Docket 

Number FRA–2012–0030. 

The City is seeking a waiver from the 

provisions of 49 CFR 222.9, the 

definition of a non-traversable curb, so 

that an existing public crossing, Elkhorn 

Boulevard (DOT #833694G), can be 

deemed an acceptable supplementary 

safety measure (SSM). The Elkhorn 

Boulevard crossing is equipped with 

flashing lights, gates, and medians that 

comply with all of the requirements 

necessary to be an SSM with nontraversable curbs; except for the fact that 

the posted highway speed limit is 45 

mph instead of 40 mph, as required in 

the definition. 

The City is also seeking approval of 

an engineering alternative safety 

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