77952 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Notices 

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 9 individuals 

who have requested renewal of their 

exemptions in accordance with FMCSA 

procedures. FMCSA has evaluated these 

9 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

Robert W. Brown 

David D. Bungori, Jr. 

Robert Clarke 

David R. Cox 

John B. Gregory 

Gary T. Hicks 

Robert T. Hill 

John C. McLaughlin 

Larry D. Wedekind 

The exemptions are extended subject 

to the following conditions: (1) That 

each individual has a physical 

examination every year (a) by an 

ophthalmologist or optometrist who 

attests that the vision in the better eye 

continues to meet the standard in 49 

CFR 391.41(b)(10), and (b) by a medical 

examiner who attests that the individual 

is otherwise physically qualified under 

49 CFR 391.41; (2) that each individual 

provides a copy of the ophthalmologist’s 

or optometrist’s report to the medical 

examiner at the time of the annual 

medical examination; and (3) that each 

individual provide a copy of the annual 

medical certification to the employer for 

retention in the driver’s qualification 

file and retains a copy of the 

certification on his/her person while 

driving for presentation to a duly 

authorized Federal, State, or local 

enforcement official. Each exemption 

will be valid for two years unless 

rescinded earlier by FMCSA. The 

exemption will be rescinded if: (1) The 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. 

Basis for Renewing Exemptions 

Under 49 U.S.C. 31315(b)(1), an 

exemption may be granted for no longer 

than two years from its approval date 

and may be renewed upon application 

for additional two year periods. In 

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

31315, each of the 9 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (65 FR 20245; 65 FR 

57230; 67 FR 71610; 69 FR 64810; 71 FR 

66217; 73 FR 75806; 65 FR 45817; 65 FR 

77066; 67 FR 71610; 69 FR 64810; 72 FR 

184; 73 FR 75806; 67 FR 46016; 67 FR 

57267; 69 FR 51346; 71 FR 50970; 73 FR 

75806; 69 FR 53493; 69 FR 62742; 73 FR 

75806; 72 FR 8417; 72 FR 36099; 67 FR 

46016; 73 FR 46973; 73 FR 54888). Each 

of these 9 applicants has requested 

renewal of the exemption and has 

submitted evidence showing that the 

vision in the better eye continues to 

meet the standard specified at 49 CFR 

391.41(b)(10) and that the vision 

impairment is stable. In addition, a 

review of each record of safety while 

driving with the respective vision 

deficiencies over the past two years 

indicates each applicant continues to 

meet the vision exemption standards. 

These factors provide an adequate basis 

for predicting each driver’s ability to 

continue to drive safely in interstate 

commerce. Therefore, FMCSA 

concludes that extending the exemption 

for each renewal applicant for a period 

of two years is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

Request for Comments 

FMCSA will review comments 

received at any time concerning a 

particular driver’s safety record and 

determine if the continuation of the 

exemption is consistent with the 

requirements at 49 U.S.C. 31136(e) and 

31315. However, FMCSA requests that 

interested parties with specific data 

concerning the safety records of these 

drivers submit comments by January 13, 

2011. 

FMCSA believes that the 

requirements for a renewal of an 

exemption under 49 U.S.C. 31136(e) and 

31315 can be satisfied by initially 

granting the renewal and then 

requesting and evaluating, if needed, 

subsequent comments submitted by 

interested parties. As indicated above, 

the Agency previously published 

notices of final disposition announcing 

its decision to exempt these 9 

individuals from the vision requirement 

in 49 CFR 391.41(b)(10). The final 

decision to grant an exemption to each 

of these individuals was made on the 

merits of each case and made only after 

careful consideration of the comments 

received to its notices of applications. 

The notices of applications stated in 

detail the qualifications, experience, 

and medical condition of each applicant 

for an exemption from the vision 

requirements. That information is 

available by consulting the above cited 

Federal Register publications. 

Interested parties or organizations 

possessing information that would 

otherwise show that any, or all, of these 

drivers are not currently achieving the 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

evidence submitted and, if 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 

exemption of a driver. 

Issued on: December 6, 2010. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2010–31259 Filed 12–13–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2010–0328] 

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-seven 

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 

December 14, 2010. The exemptions 

expire on December 14, 2012. 

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. 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Notices 77953 

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 October 15, 2010, FMCSA 

published a notice of receipt of Federal 

diabetes exemption applications from 

thirty-two individuals and requested 

comments from the public (75 FR 

63536). The public comment period 

closed on November 15, 2010 and one 

comment was received. 

FMCSA has evaluated the eligibility 

of the twenty-seven 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 twenty-seven applicants have 

had ITDM over a range of 1 to 21 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 October 

15, 2010, Federal Register notice and 

they will not be repeated in this notice. 

Discussion of Comments 

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 Richard 

Bruehl and Christopher Gary Chegas 

and were in favor of granting Federal 

diabetes exemptions to these 

individuals. 

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-seven exemption applications, 

FMCSA exempts, Juan C. Araoz 

Cespedes, William V. Barbrie, Kerry W. 

Blackwell, Mark S. Braddom, Mike G. 

Brambila, Matthew T. Brown, Richard 

G. Bruehl, John P. Catalano, Travis A. 

Chandler, Christopher G. Chegas, Gary J. 

Dionne, Thomas C. Donahue, Joseph G. 

Greatens, Marlin K. Johnson, George 

Long, Jr., Cary C. McAlister, Dennis P. 

Miller, Robert F. Minacapelli, Joe E. L. 

Radabaugh, Raul F. Sanchez, Enrique E. 

Santiago, Thomas A. Schmitt, Leo A. 

Schmitz, Ben D. Shelton, Jr., Marlon J. 

Vanderheiden, Nestor P. Vargas, Jr., and 

Harold A. Wendt 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 


srobinson on DSKHWCL6B1PROD with NOTICES
77954 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Notices 

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: December 1, 2010. 

Larry W. Minor, 

Associate Administrator, Office of Policy. 

[FR Doc. 2010–31276 Filed 12–13–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Transfer of Federally Assisted Facility 

AGENCY: Federal Transit Administration, 

DOT. 

ACTION: Notice of intent to transfer 

Federally assisted facility. 

SUMMARY: Section 5334(h) of the Federal 

Transit Laws, as codified, 49 U.S.C. 

5301, et. seq., permits the Administrator 

of the Federal Transit Administration 

(FTA) to authorize a recipient of FTA 

funds to transfer land or a facility to a 

public body for any public purpose with 

no further obligation to the Federal 

Government if, among other things, no 

Federal agency is interested in acquiring 

the asset for Federal use. Accordingly, 

FTA is issuing this Notice to advise 

Federal agencies that the City of 

Charlottesville (City) intends to transfer 

a facility and land located at 315 4th 

Street, NW., Charlottesville, Virginia to 

the Charlottesville Facilities 

Maintenance Division of Public Works. 

The facility and land sit within a secure 

Public Works Yard and any other 

acquiring agency would need access to 

use this property. 

DATES: Effective Date: Any Federal 

agency interested in acquiring the 

facility must notify the FTA Region III 

office of its interest by January 7, 2011. 

ADDRESSES: Interested parties should 

notify the Regional Office by writing to 

Letitia Thompson, Regional 

Administrator, Federal Transit 

Administration, 1760 Market Street, 

Suite 500, Philadelphia, PA, 19103. 

FOR FURTHER INFORMATION CONTACT: Jay 

M. Fox, Regional Counsel, (215) 656– 

7258. 

SUPPLEMENTARY INFORMATION: 

Background 

49 U.S.C. 5334(h) provides guidance 

on the transfer of capital assets. 

Specifically, if a recipient of FTA 

assistance decides an asset acquired 

under this chapter at least in part with 

that assistance is no longer needed for 

the purpose for which it was acquired, 

the Secretary of Transportation may 

authorize the recipient to transfer the 

asset to a local governmental authority 

to be used for a public purpose with no 

further obligation to the Government. 49 

U.S.C. 5334(h)(1). 

Determinations 

The Secretary may authorize a 

transfer for a public purpose other than 

mass transportation only if the Secretary 

decides: 

(A) The asset will remain in public 

use for at least 5 years after the date the 

asset is transferred; 

(B) There is no purpose eligible for 

assistance under this chapter for which 

the asset should be used; 

(C) The overall benefit of allowing the 

transfer is greater than the interest of the 

Government in liquidation and return of 

the financial interest of the Government 

in the asset, after considering fair 

market value and other factors; and 

(D) Through an appropriate screening 

or survey process, that there is no 

interest in acquiring the asset for 

Government use if the asset is a facility 

or land. 

Federal Interest in Acquiring Land or 

Facility 

This document implements the 

requirements of 49 U.S.C. 5334(h)(1)(D) 

of the Federal Transit Laws. 

Accordingly, FTA hereby provides 

notice of the availability of the facility 

further described below. Any Federal 

agency interested in acquiring the 

affected facility should promptly notify 

the FTA. If no Federal agency is 

interested in acquiring the existing 

facility, FTA will make certain that the 

other requirements specified in 49 

U.S.C. Section 5334(h)(1)(A) through (C) 

are met before permitting the asset to be 

transferred. 

Additional Description of Land or 

Facility 

The facility is a former bus operations 

and maintenance building situated on 

an approximately 41,245 square foot 

City-owned parcel, and is located at 315 

4th Street, NW., in Charlottesville, 

Virginia. The building is within an area 

zoned M1 for light industrial use. The 

immediate area consists of residential, 

commercial and light industrial 

properties. The facility was previously 

used for transit bus operations and 

maintenance. The facility is a flex-type 

building which includes a front office 

and/or administration section and a 

large attached multi-purpose shop or 

warehouse rear section, for a total 

building coverage of approximately 

8,000 square feet. The facility resides on 

a roughly triangular shaped parcel 

consisting of perimeter dimensions of 

134 feet on its east side, 514 feet on its 

south side, 0 feet on its west side and 

508 feet on its north side. The entire 

facility is contained within the fenced 

and secured City of Charlottesville 

Public Works Yard, and includes no 

street frontage. The north side of the 

facility is bounded by the Southern 

Railway embankment and it is slightly 

inclined and above-grade in relation to 

the adjoining Public Works Yard. The 

railway embankment to the north of the 

buildings is steep, wooded, and at an 

elevation approximately 40 feet higher 

relative to the paved areas. 

The building improvements consist of 

concrete foundations, basic concrete 

slab floors, enameled metal side walls, 

sloped metal roof with gutters and 

downspouts and various entry doors 

and glass windows. The front office 

section has dimensions of 20 feet wide 

and 100 feet long for a total enclosed 

ground floor area of 2,000 square feet. 

The interior includes work areas, four 

individual offices, a utility room, a 

break area, two lavatory and shower 

rooms, small closets and storage rooms. 

The rear building section has exterior 

dimensions of 60 feet wide by 100 feet 

long with ground floor coverage of 6,000 

square feet. The space is generally open, 

but includes a partitioned storage area 

of approximately 6,700 square feet of 

ground floor area with an additional 

mezzanine level of approximately 500 

square feet. The rear building section 

has a concrete slab floor, exposed metal 

sidewalls and six large metal vehicular 

size roll-up doors. Miscellaneous site 

improvements include approximately 

23,000 square feet of asphalt surfaced 

vehicular parking and maneuvering 

areas and assorted small unpaved areas. 

The general condition of the building 

appears in fair to good overall condition 

from an architectural and structural 

standpoint and is approximately 33 

years old. 

Issued on December 9, 2010. 

Letitia A, Thompson, 

Regional Administrator. 

[FR Doc. 2010–31374 Filed 12–13–10; 8:45 am] 

BILLING CODE 4910–57–P 


srobinson on DSKHWCL6B1PROD with NOTICES