52456 Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Notices 

1Section 4129(a) refers to the 2003 Notice as a 

‘‘final rule.’’ However, the 2003 Notice did not issue 

a ‘‘final rule’’ but did establish the procedures and 

standards for issuing exemptions for drivers with 

ITDM. 

stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Wolf meets the requirements 

of the vision standard at 49 CFR 

391.41(b)(10). His optometrist examined 

him in 2008 and certified that he does 

not have diabetic retinopathy. He holds 

a Class A CDL from Illinois. 

Stephanie D. Wright 

Ms. Wright, 39, has had ITDM since 

2008. Her endocrinologist examined her 

in 2008 and certified that she has had 

no 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 5 years; understands diabetes 

management and monitoring; and has 

stable control of her diabetes using 

insulin, and is able to drive a CMV 

safely. Ms. Wright meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). Her optometrist 

examined her in 2008 and certified that 

she does not have diabetic retinopathy. 

She holds a Class B operator’s license 

from North Carolina. 

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. We will consider all 

comments received before the close of 

business on the closing date indicated 

in the dates section of the Notice. 

FMCSA notes that Section 4129 of the 

Safe, Accountable, Flexible and 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA–LU) 

requires the Secretary to revise its 

diabetes exemption program established 

on September 3, 2003 (68 FR 52441).1

The revision must provide for 

individual assessment of drivers with 

diabetes mellitus, and be consistent 

with the criteria described in section 

4018 of the Transportation Equity Act 

for the 21st Century (49 U.S.C. 31305). 

Section 4129 requires: (1) The 

elimination of the requirement for three 

years of experience operating CMVs 

while being treated with insulin; and (2) 

the establishment of a specified 

minimum period of insulin use to 

demonstrate stable control of diabetes 

before being allowed to operate a CMV. 

In response to section 4129, FMCSA 

made immediate revisions to the 

diabetes exemption program established 

by the September 3, 2003, Notice. 

FMCSA discontinued use of the 3-year 

driving experience and fulfilled the 

requirements of section 4129 while 

continuing to ensure that operation of 

CMVs by drivers with ITDM will 

achieve the requisite level of safety 

required of all exemptions granted 

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

Section 4129(d) also directed FMCSA 

to ensure that drivers of CMVs with 

ITDM are not held to a higher standard 

than other drivers, with the exception of 

limited operating, monitoring and 

medical requirements that are deemed 

medically necessary. 

FMCSA concluded that all of the 

operating, monitoring and medical 

requirements set out in the September 3, 

2003, Notice, except as modified, were 

in compliance with section 4129(d). 

Therefore, all of the requirements set 

out in the September 3, 2003, Notice, 

except as modified by the Notice in the 

Federal Register on November 8, 2005 

(70 FR 67777), remain in effect. 

Dated: September 3, 2008. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E8–20893 Filed 9–8–08; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–00–7165; FMCSA–04–

17984; FMCSA–05–23238; FMCSA–06–

24783] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew the exemptions from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations for 13 

individuals. FMCSA has statutory 

authority to exempt individuals from 

the vision requirement if the 

exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemption renewals will provide a level 

of safety that is equivalent to, or greater 

than, the level of safety maintained 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

DATES: This decision is effective October 

15, 2008. Comments must be received 

on or before October 9, 2008. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA–00–

7165; FMCSA–04–17984; FMCSA–05–

23238; FMCSA–06–24783, 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 or Courier: 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. 

Each submission must include the 

Agency name and the docket number for 

this Notice. Note that DOT posts all 

comments received without change to 

http://www.regulations.gov, including 

any personal information included in a 

comment. Please see the Privacy Act 

heading below. 

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 

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 the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19476). This information is also 

available at http://DocketInfo.dot.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, (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. 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Notices 52457 

SUPPLEMENTARY INFORMATION: 

Background 

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

FMCSA may renew an exemption from 

the vision requirements in 49 CFR 

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 13 individuals 

who have requested a renewal of their 

exemption in accordance with FMCSA 

procedures. FMCSA has evaluated these 

13 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

Robert L. Aurandt 

Donald Bostic, Jr. 

Harry R. Brewer 

Clarence N. Florey, Jr. 

Joseph H. Fowler 

Donald R. Hiltz 

Kelly R. Konesky 

Gregory T. Lingard 

Hollis J. Martin 

Kevin C. Palmer 

Charles O. Rhodes 

Gordon G. Roth 

Daniel A. Sohn 

These exemptions are extended 

subject to the following conditions: (1) 

That each individual have 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 

provide 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 retain 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 2 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 2 years from its approval date and 

may be renewed upon application for 

additional 2-year periods. In accordance 

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

of the 13 applicants has satisfied the 

entry conditions for obtaining an 

exemption from the vision requirements 

(65 FR 33406; 65 FR 57234; 67 FR 

57266; 69 FR 52741; 71 FR 53489; 69 FR 

33997; 69 FR 61292; 71 FR 55820; 71 FR 

5105; 71 FR 19600; 71 FR 32183; 71 FR 

41310). Each of these 13 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 2 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 2 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 October 9, 

2008. 

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 13 

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 based on the 

merits of each case and 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: September 3, 2008. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E8–20891 Filed 9–8–08; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) has 

received a request for temporary waiver 

of compliance with certain requirements 

of its safety standards. The individual 

petition is described below, including 

the party seeking relief, the regulatory 

provisions involved, and the nature of 

the relief being requested. 

Alaska Railroad Corporation 

[Waiver Petition Docket Number FRA–2006–

26029] 

In September 2006, the Alaska 

Railroad Corporation (ARRC) submitted 

a temporary waiver petition to support 

field testing of its processor-based train 

control system, identified as Collision 

Avoidance System (CAS), pursuant to 

49 CFR 211.7 and 211.51. The 

regulatory relief sought by ARRC was 

for development testing and 

demonstration purposes only. This 

waiver request was conditionally 

approved by FRA on February 22, 2007. 

All information submitted in 

conjunction with ARRC’s previous 

waiver petition can be found in Docket 

Number FRA–2006–26029. 


jlentini on PROD1PC65 with NOTICES