Federal Register / Vol. 74, No. 25 / Monday, February 9, 2009 / Notices 6451 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2008–0341] 

Qualification of Drivers; Exemption 

Applications; Diabetes 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt eighty-four 

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 

February 9, 2009. The exemptions 

expire on February 9, 2011. 

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 

complete Privacy Act Statement in the 

Federal Register (65 FR 19477, Apr. 11, 

2000). This statement is also available at 

http://Docketinfo.dot.gov. 

Background 

On December 12, 2008, FMCSA 

published a notice of receipt of Federal 

diabetes exemption applications from 

eighty-four individuals, and requested 

comments from the public (73 FR 

75794). The public comment period 

closed on January 12, 2009 and six 

comments were received. 

FMCSA has evaluated the eligibility 

of the eighty-four 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 

diabetic drivers 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 2003 

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 eighty-four applicants have had 

ITDM over a range of 1 to 36 years. 

These applicants report no 

hypoglycemic reaction that resulted in 

loss of consciousness or seizure, that 

required the assistance of another 

person, or resulted in impaired 

cognitive function without warning 

symptoms in the past 5 years (with one 

year of stability following any such 

episode). In each case, an 

endocrinologist has verified that the 

driver has demonstrated willingness to 

properly monitor and manage their 

diabetes, 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 December 

12, 2008, Federal Register Notice (73 FR 

75794). Therefore, they will not be 

repeated in this notice. 

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 endocrinologist’s 

medical opinion related to the ability of 

the driver to safely operate a CMV while 

using insulin. 

Consequently, FMCSA finds that 

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 they are 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. 

Discussion of Comments 

FMCSA received six comments in this 

proceeding. The Pennsylvania 

Department of Transportation expressed 

that it had reviewed the driving records 


sroberts on PROD1PC70 with NOTICES
6452 Federal Register / Vol. 74, No. 25 / Monday, February 9, 2009 / Notices 

for Robert S. Althouse, Tyson C. 

Johnson, Steven F. Kohalmi, Theodore 

Stanley Pankiewicz and Gary E. Stone, 

and was in favor of granting the Federal 

diabetes exemptions to these applicants. 

Two of the comments were 

recommendations in favor of granting 

the Federal diabetes exemption for Mr. 

William G. Hansen. The letters were 

written by Mr. Eric D. Stubblefield and 

Ms. Charlene Ruth LaForest, who state 

that Mr. Hansen has not had problems 

with his diabetes to preclude him from 

operating a commercial motor vehicle 

safely. Three of the comments were 

recommendations in favor of granting 

Federal diabetes exemptions to 

individuals with ITDM and suggested 

streamlining the process of granting 

exemptions. 

Conclusion 

After considering the comments to the 

docket, and based upon its evaluation of 

the eighty-four exemption applications, 

FMCSA exempts, Robert S. Althouse, 

Edwin K. Anderson, James G. 

Arnoldussen, Sr., William B. Bailor, 

Kenneth E. Benoit, Thomas S. Benson, 

Dennis A. Boelens, Melvin J. Boney, 

Christopher D. Bostic, Walter R. 

Braxton, Gordon M. Caldwell, Jake C. 

Cogswell, Eric W. Crawford, Merle N. 

Cromwell, Trenn A. Davis, Bobby J. 

Davison, Donald J. DeBaets, Anthony 

Espinosa, Gregory W. Eylar, Stephen R. 

Ferrario, Raymond J. Ford, Kevin J. 

Fries, Fred L. Frisch, Douglas E. Fuller, 

Daniel D. Greenwell, William G. 

Hansen, George H. Hayes, Jr., Danny E. 

Hillier, John H. Hilliges, Thomas Hogan, 

Harvey J. Hollins, John Horta, Paris J. 

Howell, Eric J. Huffman, Tyson C. 

Johnson, Ken M. Jorgenson, Barry J. 

Kelley, John H. Kingsley, Gary J. 

Klostermann, Steven F. Kohalmi, Peter 

D. Krenz, Robert J. Lampman, Jason C. 

Lang, Kevin J. Lavoie, Dennis M. Lester, 

Dario Lopez, Jerald L. Marquardt, Robert 

H. McCann, III, Lewis S. Needles, 

Derald W. Newton, Galen L. 

Nightingale, Chris C. Northway, John D. 

Owens, Theodore S. Pankiewicz, Jody 

A. Peckels, James H. Pfeiffer, Marc R. 

Pream, Travis W. Proctor, William B. 

Racobs, Remson H. Rawson, Ann M. 

Reinke, Frank W. Reynolds, Vincente L. 

Rodriquez, Bradley C. Roen, Thomas C. 

Routon, Tyler A. Russell, Randy L. 

Schroeder, Michael W. Sharp, Nathaniel 

B. Shaw, Sean L. Shidell, Wendell R. 

Shults, Joseph B. Simon, David E. 

Steinke, Floyd T. Stokes, Gary E. Stone, 

Timothy D. Stone, Anthony A. Thomas, 

William J. Thomas, Kaleo B. Tokunaga, 

John R. Turcotte, Danny J. Watson, Eric 

W. Williams, Russell A. Williams, and 

Kimberly A. Woehrman, 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: January 29, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–2451 Filed 2–6–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Notice of Application for Approval of 

Discontinuance or Modification of a 

Railroad Signal System or Relief From 

the Requirements of Title 49 Code of 

Federal Regulations Part 236 

Pursuant to Title 49 Code of Federal 

Regulations (CFR) Part 235 and 49 

U.S.C. 20502(a), the following railroad 

has petitioned the Federal Railroad 

Administration (FRA) seeking approval 

for the discontinuance or modification 

of the signal system or relief from the 

requirements of 49 CFR part 236, as 

detailed below. 

[Docket Number FRA–2009–0003] 

Applicant: CSX Transportation, 

Incorporated, Mr. C. M. King, Chief 

Engineer, Communications and Signals, 

500 Water Street, SC J–350, Jacksonville, 

Florida 32202. 

The CSX Transportation, Incorporated 

seeks approval of the proposed 

discontinuance of CP Barboursville 

Station (MP CA–494.37), including the 

conversion of the power-operated 

switch to hand operation, and the 

discontinuance and removal of 

dispatcher controlled signals 42R, 44R, 

46L, 46RA, and 46RB on Main Tracks #1 

and #2, on the Huntington Division, 

Kanawha Subdivision, at CP 

Barboursville Station, milepost CA– 

494.37. 

The reason given for the proposed 

changes is a pole line elimination 

project and that the power-operated 

switch and signals at the east leg of wye 

are no longer needed for present day 

operations. 

Any interested party desiring to 

protest the granting of an application 

shall set forth specifically the grounds 

upon which the protest is made, and 

include a concise statement of the 

interest of the party in the proceeding. 

Additionally, one copy of the protest 

shall be furnished to the applicant at the 

address listed above. 

FRA expects to be able to determine 

these matters without an oral hearing. 

However, if a specific request for an oral 

hearing is accompanied by a showing 

that the party is unable to adequately 

present his or her position by written 

statements, an application may be set 

for public hearing. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number FRA–2009– 

0003) 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 within 45 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at 

http://www.regulations.gov. 

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). 


sroberts on PROD1PC70 with NOTICES