20874 Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Notices 

Regulations (FMCSRs). On August 20, 

2004, FMCSA published a final rule 

implementing section 4007 (69 FR 

51589). Under this rule, FMCSA must 

publish a notice of each exemption 

request in the Federal Register (49 CFR 

381.315(a)). The Agency must provide 

the public with an opportunity to 

inspect the information relevant to the 

application, including any safety 

analyses that have been conducted. The 

Agency must also provide an 

opportunity for public comment on the 

request. 

The Agency reviews the safety 

analyses and the public comments and 

determines whether granting the 

exemption would likely achieve a level 

of safety equivalent to or greater than 

the level that would be achieved by the 

current regulation (49 CFR 381.305). 

The decision of the Agency must be 

published in the Federal Register (49 

CFR 381.315(b)). If the Agency denies 

the request, it must state the reason for 

doing so. If the decision is to grant the 

exemption, the notice must specify the 

person or class of persons receiving the 

exemption and the regulatory provision 

or provisions from which an exemption 

is granted. The notice must also specify 

the effective period of the exemption 

(up to 2 years) and explain the terms 

and conditions of the exemption. The 

exemption may be renewed (49 CFR 

381.315(c) and 381.300(b)). The four 

individuals listed in this notice have 

requested an exemption from the ICD 

prohibition in 49 CFR 391.41(b)(4), 

which applies to drivers who operate 

CMVs as defined in 49 CFR 390.5, in 

interstate commerce. Section 

391.41(b)(4) states that a person is 

physically qualified to drive a 

commercial motor vehicle if that person 

has no current clinical diagnosis of 

myocardial infarction, angina pectoris, 

coronary insufficiency, thrombosis, or 

any other cardiovascular disease of a 

variety known to be accompanied by 

syncope, dyspnea, collapse, or 

congestive cardiac failure. 

FMCSA provides medical advisory 

criteria for use by medical examiners in 

determining whether drivers with 

certain medical conditions, procedures, 

and/or treatments should be certified to 

operate commercial motor vehicles in 

interstate commerce. The advisory 

criteria indicate that: The term ‘‘has no 

current clinical diagnosis of’’ (1) a 

current cardiovascular condition, or (2) 

a cardiovascular condition which has 

not fully stabilized regardless of the 

time limit. The term ‘‘known to be 

accompanied by’’ is designed to include 

a clinical diagnosis of a cardiovascular 

disease (1) which is accompanied by 

symptoms of syncope, dyspnea, collapse 

or congestive cardiac failure; and/or (2) 

which is likely to cause syncope, 

dyspnea, collapse, or congestive cardiac 

failure. 

It is the intent of the FMCSRs to 

render unqualified a driver who has a 

current cardiovascular disease which is 

accompanied by and/or likely to cause 

symptoms of syncope, dyspnea, 

collapse, or congestive cardiac failure. 

However, the subjective decision of 

whether the nature and severity of an 

individual’s condition will likely cause 

symptoms of cardiovascular 

insufficiency rests with the medical 

examiner and the motor carrier. 

The advisory criteria states that 

implantable cardioverter defibrillators 

are disqualifying due to risk of syncope. 

The emphasis should be on the 

underlying medical condition(s) which 

require treatment and the general health 

of the driver. 

In the case of ICDs the underlying 

condition for which the device was 

placed may place the driver at risk for 

syncope or gradual or sudden 

incapacitation that may be likely to 

result in loss of ability to safely control 

a CMV. ICDs also may deploy 

inappropriately, which would result in 

loss of ability to safely control a CMV. 

Individual Applications for 

Exemption—Qualifications 

Donald Hively 

Mr. Hively is a 52 year old 

commercial motor vehicle (CMV) driver 

who holds a class A commercial drivers 

license (CDL) from the state of 

Pennsylvania. Mr. Hively has driven a 

truck for 36 years. He had an ICD placed 

due to ventricular tachycardia and a low 

ejection fraction which improved. The 

device has deployed several times, most 

recently due to ventricular tachycardia 

in October 2011. Mr. Hively would like 

to continue to drive a truck in interstate 

commerce, if he is granted an 

exemption. 

Richard Tadsen 

Mr. Tadsen is a 72 year old CMV 

driver who holds a class B and class D 

CDL from the state of Iowa. Mr. Tadsen 

had an ICD placed in 2009, with a 

history that includes cardiomyopathy, 

low ejection fraction which has 

improved, and hypertension. He would 

like to obtain a CDL and drive a CMV 

in interstate commerce, if granted an 

exemption. 

Richard Freund 

Mr. Freund is a 59 year old CMV 

driver who holds a class C and class D 

CDL from the state of New Jersey. Mr. 

Freund had an ICD placed due to a 

congenital heart condition. His driving 

history has a Driving Under the 

Influence of Alcohol or Drugs (DUI) in 

1988. He would like to obtain a CDL and 

drive a CMV in interstate commerce, as 

a courier transporting small packages for 

distances that are usually less than 100 

miles, if granted an exemption. 

Richard Rusk 

Mr. Rusk is a 53 year old CMV driver 

who holds a class A CDL in Illinois. Mr. 

Rusk had an ICD placed in 2010 as part 

of a clinical trial for sarcoidosis. He has 

had no episode of syncope. The ICD has 

never deployed. His physician states 

that Mr. Rusk is at the lower risk end 

of persons with ICDs. Mr. Rusk would 

like to obtain a CDL and drive a CMV 

in interstate commerce, if granted an 

exemption. 

Request for Comments 

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

and 31315, FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. The Agency will consider all 

comments received before the close of 

business May 7, 2012. Comments will 

be available for examination in the 

docket at the location listed under the 

ADDRESSES section of this notice. The 

Agency will file comments received 

after the comment closing date in the 

public docket, and will consider them to 

the extent practicable. In addition to late 

comments, FMCSA will also continue to 

file, in the public docket, relevant 

information that becomes available after 

the comment closing date. Interested 

persons should monitor the public 

docket for new material. 

Issued on: March 29, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2012–8372 Filed 4–5–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2011–0382] 

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 

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Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Notices 20875 

interstate commerce. The exemptions 

will enable these individuals to operate 

CMVs in interstate commerce. 

DATES: The exemptions are effective 

April 6, 2012. The exemptions expire on 

April 6, 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 February 22, 2012, FMCSA 

published a notice of receipt of Federal 

diabetes exemption applications from 

seventeen individuals and requested 

comments from the public (77 FR 

10612). The public comment period 

closed on March 23, 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 43 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 February 

22, 2012, 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 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 

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, Rick J. Birdsall (NE), 

Robert E. Bruso (NY), Roy Crabtree (IN), 

Steven L. Drake (CA), Benjamin J. Duea 

(MN), Steven E. Greer (MN), Jonathan E. 

Hunsaker (OR), Michael L. Jones (NC), 

William D. Larsen (SD), Michael W. 

Morofsky (CA), Antonio R. Ragin (CT), 

Lee A. Richardson (NC), Michael R. 

Simmons (TN), William W. Simmons 

(FL), Ronald O. Snyder (OH), Douglas J. 

Wood (NY) and Richard P. Wright (OR) 

from the ITDM requirement in 49 CFR 

391.41(b)(3), subject to the conditions 

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20876 Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Notices 

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: March 29, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2012–8375 Filed 4–5–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0044] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA). 

ACTION: Notice of applications for 

exemption from the diabetes mellitus 

requirement; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 22 individuals for 

exemption from the prohibition against 

persons with insulin-treated diabetes 

mellitus (ITDM) operating commercial 

motor vehicles (CMVs) in interstate 

commerce. If granted, the exemptions 

would enable these individuals with 

ITDM to operate CMVs in interstate 

commerce. 

DATES: Comments must be received on 

or before May 7, 2012. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2012–0044 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal 

Holidays. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket numbers for this notice. Note 

that all comments received will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below for 

further information. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.gov at any time 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. The 

Federal Docket Management System 

(FDMS) is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments on-line. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of our 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, etc.). 

You may review DOT’s Privacy Act 

Statement for the 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. 

FOR FURTHER INFORMATION CONTACT: 

Elaine M. Papp, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue SE., Room W64– 

224, Washington, DC 20590–0001. 

Office hours are from 8:30 a.m. to 5 

p.m., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Background 

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

FMCSA may grant an exemption from 

the Federal Motor Carrier Safety 

Regulations for a 2-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 

statute also allows the Agency to renew 

exemptions at the end of the 2-year 

period. The 22 individuals listed in this 

notice have recently requested such an 

exemption from the diabetes prohibition 

in 49 CFR 391.41(b)(3), which applies to 

drivers of CMVs in interstate commerce. 

Accordingly, the Agency will evaluate 

the qualifications of each applicant to 

determine whether granting the 

exemption will achieve the required 

level of safety mandated by the statutes. 

Qualifications of Applicants 

Adele M. Aasen 

Ms. Aasen, age 50, has had ITDM 

since 1971. Her endocrinologist 

examined her in 2012 and certified that 

she has had no severe hypoglycemic 

reactions resulting in loss of 

consciousness, requiring the assistance 

of another person, or resulting in 

impaired cognitive function that 

occurred without warning in the past 12 

months and no recurrent (2 or more) 

severe hypoglycemic episodes in the 

last 5 years. Her endocrinologist 

certifies that Ms. Aasen understands 

diabetes management and monitoring, 

has stable control of her diabetes using 

insulin, and is able to drive a 

Commercial Motor Vehicle (CMV) 

safely. Ms. Aasen meets the vision 

requirements of 49 CFR 391.41(b)(10). 

Her optometrist examined her in 2011 

and certified that she does not have 

diabetic retinopathy. She holds a Class 

D operator’s license from North Dakota. 

David P. Altomer 

Mr. Altomer, 52, has had ITDM since 

2011. His endocrinologist examined him 

in 2011 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Altomer understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Altomer meets the vision 

requirements of 49 CFR 391.41(b)(10). 

His ophthalmologist examined him in 

2012 and certified that he does not have 

diabetic retinopathy. He holds a Class A 

Commercial Driver’s License (CDL) from 

New York. 

Steven W. Beaty 

Mr. Beaty, 36, has had ITDM since 

2011. His endocrinologist examined him 

in 2011 and certified that he has had no 

severe hypoglycemic reactions resulting 

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