Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 53583 

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: October 8, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–25069 Filed 10–16–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–1998–4334; FMCSA– 

2000–7165; FMCSA–2002–13411; FMCSA– 

2005–20560; FMCSA–2006–25246; FMCSA– 

2007–27897] 

Qualification of Drivers; Exemption 

Renewals; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA previously 

announced its decision to renew the 

exemptions from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations for 44 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 

exemptions will provide a level of safety 

that will be equivalent to, or greater 

than, the level of safety maintained 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

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. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at http:// 

www.regulations.gov. 

Background 

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

FMCSA may grant an exemption 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 

comment period ended on September 

18, 2009. 

Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

Conclusion 

The Agency has not received any 

adverse evidence on any of these drivers 

that indicates that safety is being 

compromised. Based upon its 

evaluation of the 44 renewal 

applications, FMCSA renews the 

Federal vision exemptions for Eddie 

Alejandro, John W. Black, III. John A. 

Bridges, Eddie M. Brown, Edward G. 

Brown, Edwin L. Bupp, Charles E. 

Castle, Joel C. Conrad, Duane C. 

Conway, Brian W. Curtis, Roger D. 

Davidson, Sr., Richard A. Davis, Sr., 

Robin C. Duckett, Marco A. Esquivel, 

Tomie L. Estes, Raymond L. Herman, 

Jesse R. Hillhouse, Jr., Billy R. Holdman, 

Ray C. Johnson, Terry R. Jones, Randall 

H. Keil, James A. Kneece, Paul G. 

Mathes, John T. McWilliams, Robert A. 

Miller, Stuart T. Miller, James J. 

Mitchell, Andrew M. Nurnberg, 

Kenneth R. Pedersen, Joshua R. Perkins, 

Ronald F. Prezzia, Eligio M. Ramirez, 

Victor C. Richert, Garry L. Rogers, Craig 

R. Saari, Jerry L. Schroder, Gerald J. 

Shamla, Timothy L. Shorey, William C. 

Smith, Larry D. Steiner, Robert S. 

Swaen, Anthony T. Truiolo, Gregory A. 

VanLue, and Kevin W. Wunderlin. 

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

and 31315, each renewal exemption will 

be valid for 2 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 and 31315. 

Issued on: October 6, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–25070 Filed 10–16–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2009–0207] 

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 twenty-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 

October 19, 2009. The exemptions 

expire on October 19, 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 August 17, 2009, FMCSA 

published a notice of receipt of Federal 

diabetes exemption applications from 


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53584 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 

twenty-four individuals, and requested 

comments from the public (74 FR 

41486). The public comment period 

closed on September 16, 2009 and one 

comment was received. 

FMCSA has evaluated the eligibility 

of the twenty-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 twenty-four applicants have 

had ITDM over a range of 1 to 27 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 August 

17, 2009, Federal Register notice (74 FR 

41486). 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 one comment in this 

proceeding. The comment was received 

from Mr. Kenneth Youngblood. He 

stated that drivers with ITDM are not 

second class citizens and that there are 

no studies that conclude that they are 

more at-risk drivers. Mr. Youngblood 

also stated that it is wrong and 

discriminatory for drivers with ITDM to 

be singled out. 

In response to this comment, 

FMCSA’s exemption process supports 

drivers with ITDM who seek to operate 

in interstate commerce. In addition, the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) are not contrary 

to the Americans with Disabilities Act 

(ADA) of 1990. The mandates of the 

ADA do not require that FMCSA alter 

the driver qualification requirements 

contained in 49 CFR Part 391. The 

Senate report on the ADA, submitted by 

its Committee on Labor and Human 

Resources, included the following 

explanation: 

With respect to covered entities subject to 

rules promulgated by the Department of 

Transportation regarding physical 

qualifications for drivers of certain 

classifications of motor vehicles, it is the 

Committee’s intent that a person with a 

disability applying for or currently holding a 

job subject to these standards must be able 

to satisfy these physical qualification 

standards in order to be considered a 

qualified individual with a disability under 

Title I of this legislation. S. Rep. 101–116, at 

27 (1989). 

FMSCA relies on the expert medical 

opinion of the endocrinologist and the 

medical examiner, who are required to 

analyze individual ability to control and 

manage the diabetic condition, 

including the individual ability and 

willingness of the driver to monitor 

blood glucose level on an ongoing basis. 

Until the Agency issues a Final Rule, 

however, insulin-treated diabetic 

drivers must continue to apply for 

exemptions from FMCSA, and request 

renewals of such exemptions. FMCSA 

will grant exemptions only to those 

applicants who meet the specific 

conditions and comply with all the 

requirements of the exemption. 

Conclusion 

After considering the comments to the 

docket, and based upon its evaluation of 

the twenty-four exemption applications, 

FMCSA exempts, Tawnya E. Benner, 

Lowell R. Brown, Gerald R. Claypool, 

Robert J. Dupuis, Glenn R. Edwards, 

John H. Forchette, Jr., Robert A. Gibson, 

Blaine H. Holmes, Gerald E. Huelle, 

Edward L. Johnson, Mary V. Johnson, 

Roger L. Kaufman, Kenneth A. Leeker, 

Paul L. Meier, Clifford L. Rayl, Robert J. 

Schafer, Steven J. Shaw, Scott L. 

Stamstad, Kendell R. Strassman, Allan 

A. Vanderhamm, Maurice L. Wedel, 

Michael R. Wellman, Thomas C. Wilson, 

and Wayne W. Zander from the ITDM 


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Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 53585 

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: October 6, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–25101 Filed 10–16–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of Veterans Affairs 

(VA). 

ACTION: Notice of Amendment to 

Systems of Records. 

SUMMARY: As required by the Privacy 

Act of 1974, 5 U.S.C. 552a(e), notice is 

hereby given that the Department of 

Veterans Affairs (VA) is amending four 

existing systems of records 07VA138, 

‘‘Department of Medicine and Surgery 

Engineering Employee Management 

Information Records-VA’’; 20VA138, 

‘‘Motor Vehicle Operator Accident 

Records-VA’’; 28VA119, ‘‘Personnel 

Registration Under Controlled 

Substance Act-VA and 33VA113, 

‘‘National Prosthetics Patient DatabaseVA’’ to: Add a routine use related to the 

release of information from VA to the 

Department of Justice (DoJ); add a 

routine use related to releasing 

information to entities with whom VA 

has a contract or subcontract; add a 

routine use related to releasing 

information to agencies in the event of 

fraud or abuse; add a routine use related 

to disclosing information when there is 

a risk of embarrassment or harm to the 

reputations of the record subjects; add a 

routine use when a violation of law is 

suspected; and add a routine use related 

to releasing information for litigation. In 

20VA138 existing routine use number 

three will be replaced with a new 

routine use which discloses information 

related to suspected or reasonably 

imminent violation of the law. In 

addition, routine uses four through 

seven will be renumbered as three 

through six. 

DATES: Comments on the amendment of 

this system of records must be received 

no later than November 18, 2009. If no 

public comment is received, the 

amended system will become effective 

November 18, 2009. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulation.gov; by mail or handdelivery to Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Avenue, 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

Comments received will be available for 

public inspection in the Office of 

Regulation Policy and Management, 

Room 1063B, between the hours of 8 

a.m. and 4:30 p.m., Monday through 

Friday (except holidays). Please call 

(202) 461–4902 (this is not a toll-free 

number) for an appointment. In 

addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System (FDMS) at http:// 

www.Regulation.gov. 

FOR FURTHER INFORMATION CONTACT: 

Veterans Health Administration (VHA) 

Privacy Officer, Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420; telephone (704) 

245–2492. 

SUPPLEMENTARY INFORMATION: VA 

provides health care services to many of 

America’s Veterans through the 

Veterans Health Administration. During 

the course of providing health care, 

VHA collects medical and health 

information on Veterans. In order to 

protect Veteran’s medical or health 

information VHA is adding six routine 

uses to four existing systems of records 

(07VA138, 20VA138, 28VA119 and 

33VA113). 

Additional Routine Uses 

The first routine use added to 

07VA138, 20VA138, 28VA119 and 

33VA113 would permit VA to disclose 

information from these system of 

records to the Department of Justice 

(DoJ), either on VA’s initiative or in 

response to DoJ’s request for the 

information, after either VA or DoJ 

determines that such information is 

relevant to DoJ’s representation of the 

United States or any of its components 

in legal proceedings before a court or 

adjudicative body, provided that, in 

each case, the agency also determines 

prior to disclosure that release of the 

records to the DoJ is a use of the 

information contained in the records 

that is compatible with the purpose for 

which VA collected the records. VA, on 

its own initiative, may also disclose 

records in this system of records in legal 

proceedings before a court or 

administrative body after determining 

that the disclosure of the records to the 

court or administrative body is a use of 

the information contained in the records 

that is compatible with the purpose for 

which VA collected the records. 

According to VA leadership this 

mandatory new routine use is added to 

comply to new Federal policy and 

guidelines. 

The second routine use added to 

07VA138, 20VA138, 28VA119 and 

33VA113 allows VA to disclosure 

relevant information made to 

individuals, organizations, private or 

public agencies, or other entities with 

whom VA has a contract or agreement 

or where there is a subcontract to 

perform such services as VA may deem 

practicable for the purposes of laws 

administered by VA, in order for the 

contractor or subcontractor to perform 

the services of the contract or 

agreement. 

According to VA leadership this 

mandatory new routine use is added to 

comply to new Federal policy and 

guidelines. 

The third routine use added to 

07VA138, 20VA138, 28VA119 and 

33VA113 allows VA to disclosure to 

other Federal agencies may be made to 

assist such agencies in preventing and 

detecting possible fraud or abuse by 

individuals in their operations and 

programs. 

The routine use added to these four 

systems of records would permit VA to 

disclose information in its files in the 

event of fraud or abuse. 

The fourth routine use added to 

07VA138, 20VA138, 28VA119 and 

33VA113 allows VA, on its own 

initiative, to disclose any information or 

records to appropriate agencies, entities, 

and persons when (1) VA suspects or 

has confirmed that the integrity or 

confidentiality of information in the 

system of records has been 

compromised; (2) the Department has 

determined that as a result of the 

suspected or confirmed compromise, 

there is a risk of embarrassment or harm 

to the reputations of the record subjects, 

harm to economic or property interests, 

identity theft or fraud, or harm to the 

security, confidentiality, or integrity of 

this system or other systems or 

programs (whether maintained by the 

Department or another agency or 

disclosure is to agencies, entities, or 

persons whom VA determines are 


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