Qualification of Drivers; Exemption Applications; Diabetes, 24072-24074 [E9-12054]
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Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices
[FR Doc. E9–12057 Filed 5–21–09; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions
on Proposed Highway in Michigan
erowe on PROD1PC63 with NOTICES
AGENCY: Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of Decision by FHWA
and Notice of Limitation of Claims for
Judicial Review of Actions by FHWA
and Other Federal Agencies.
SUMMARY: This notice announces the
availability of a Record of Decision by
FHWA pursuant to the requirements of
the National Environmental Protection
Policy Act of 1969 (NEPA), 42 U.S.C.
4321, as amended and the Council on
Environmental Quality Regulations (40
CFR Parts 1500–1508). In addition, this
Notice announces actions taken by
FHWA and other Federal agencies that
are final with in the meaning of 23
U.S.C. 139(1)(1). These actions relate to
a proposed expansion of the Blue Water
Bridge Port of Entry in Port Huron,
Michigan. These actions grant approvals
for the project.
DATES: By this notice, the FHWA is
advising the public of final agency
actions subject to 23 U.S.C. 771 and 23
U.S.C. 139(1)(1). A claim seeking
judicial review of the Federal Agency
actions on the highway project will be
barred unless the claim is filed on or
before November 18, 2009 (180 days
from the publication date of this notice
in the Federal Register). If the Federal
law that authorizes that judicial review
of a claim provides a time period of less
than 180 days for filing such claim, then
that shorter time period still applies.
FOR FURTHER INFORMATION CONTACT: Mr.
David Williams, Environmental Program
Manager, Federal Highway
Administration Michigan Division, 315
West Allegan Street, Room 201, Lansing,
MI 48933; phone: (517) 702–1820, Fax:
(517) 377–1804; and e-mail:
David.Williams@FHWA.DOT.gov. Mr.
Ryan Rizzo, Major Project Manager,
Federal Highway Administration
Michigan Division, 315 West Allegan
Street, Room 201, Lansing, MI 48933;
phone: (517) 702–1833, Fax: (517) 377–
1844; E-mail: Ryan.Rizzo@fhwa.dot.gov.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that the FHWA and other
Federal agencies have taken final agency
actions by issuing approvals for the
following plaza expansion project in the
State of Michigan: Blue Water Bridge
Study, St. Clair County, Michigan. The
VerDate Nov<24>2008
14:18 May 21, 2009
Jkt 217001
Selected Alternative is the City West
Alternative that will: increase the size of
the U.S. Port of Entry plaza bringing
most of the elevated plaza down to
street level; meet all plaza operational
and traffic circulation needs through the
year 2030; relocate Pine Grove Avenue
(M–25) to the west around the new
plaza; replace and expand the Black
River Bridge, the Water Street
Interchange, and the Lapeer Connector
interchange; resurface and expand 2.5
miles of the existing I–94/I–69 freeway;
and relocate the Michigan Welcome
Center to vacant land north of I–94/I–69
approximately one mile west of its
current location. The Selected
Alternative is located within the City of
Port Huron and the Charter Township of
Port Huron, St. Clair County, Michigan.
The plaza portion of the project lies
primarily between Hancock Street on
the north, 10th Avenue to the east, and
relocated Pine Grove Avenue to the
south and west.
The actions by the Federal agencies,
and the laws under which such actions
were taken, are described in the Final
Environmental Impact Statement for the
project approved on March 20, 2009, in
the FHWA Record of Decision (ROD)
issued on May 12, 2009, and in other
project records. The FEIS, ROD, and
other documents in the FHWA project
file are available by contacting the
FHWA or the Michigan Department of
Transportation at the addresses
provided above. The FHWA FEIS and
ROD can be viewed and downloaded
from the project Web site at: https://
www.michigan.gov/mdot/0,1607,7–151–
9621_11058_36266—,00.html or viewed
at public libraries in the project area.
This notice applies to all Federal
agency decisions on the listed projects
as of the issuance date of this notice and
all laws under which such actions were
taken, including but not limited to:
1. General: National Environmental
Policy Act [42 U.S.C. 4321–4351];
Federal-Aid Act [23 U.S.C. 109].
2. Air: Clean Air Act, as amended [42
U.S.C. 7401–7671(q)].
3. Land: Section 4(f) of the
Department of Transportation Act of
1966 [49 U.S.C. 303]; Landscaping and
Scenic Enhancement (Wildflowers) [23
U.S.C. 319].
4. Wildlife: Endangered Species Act
[16 U.S.C. 1531–1544].
5. Historic and Cultural Resources:
Section 106 of the National Historic
Preservation Act of 1966, as amended
[16 U.S.C. 470(f) et seq.]; Archeological
Resources Protection Act of 1977 [16
U.S.C. 470(aa)–11]; Archeological and
Historic Preservation Act [16 U.S.C.
469–469(c)].
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
6. Social and Economics: Civil Rights
Act of 1964 [42 U.S.C 2000(d)–
2000(d)(1)]; American Indians Religious
Freedom Act [42 U.S.C. 1996]; Farmland
Protection Act [7 U.S.C. 4201–4209]; the
Uniform Relocation Assistance and Real
Property Acquisition Policies of 1970, as
amended [42 U.S.C. 61].
7. Wetlands and Water Resources:
Clean Water Act [33 U.S.C. 1251–1377
(Section 404, Section 401, Section 319);
Coastal Zone Management Act [14
U.S.C. 1451–1465]; Land and Water
Conservation Fund [16 U.S.C. 4601–
4604]; Safe Drinking Water Act [42
U.S.C. 300(f)–300(j)(6)]; Rivers and
Harbors Act of 1899 [42 U.S.C. 401–
406]; TEA–21 Wetland Mitigation [23
U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood
Disaster Protection Act [42 U.S.C. 4001–
4128].
8. Hazardous Materials:
Comprehensive Environmental
Response, Compensation and Liability
Act [42 U.S.C. 9501–9675]; Superfund
Amendments and Reauthorization Act
of 1986 [PL 99–499]; Resource
Conservation and Recovery Act [42
U.S.C. 6901–6992(k)].
9. Executive Orders: E.O. 11990,
Protection of Wetlands; E.O. 11988,
Floodplains Management; E.O. 12898,
Federal Actions to Address
Environmental Justice in Minority and
Low Income Populations; E.O. 11593,
Protection and Enhancement of Cultural
Resources; E.O. 13007, Indian Sacred
Sites; E.O. 13112, Invasive Species; E.O.
13274, Environmental Stewardship and
Transportation Infrastructure Project
Reviews.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 139(1)(1).
Issued on: May 18, 2009.
James J. Steele,
Michigan Division Administrator.
[FR Doc. E9–12022 Filed 5–21–09; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2009–0067]
Qualification of Drivers; Exemption
Applications; Diabetes
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
E:\FR\FM\22MYN1.SGM
22MYN1
Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices
SUMMARY: FMCSA announces its
decision to exempt thirty-eight
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
May 22, 2009. The exemptions expire
on May 23, 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: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
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
https://Docketinfo.dot.gov.
erowe on PROD1PC63 with NOTICES
Background
On April 6, 2009, FMCSA published
a notice of receipt of Federal diabetes
exemption applications from thirtyeight individuals, and requested
comments from the public (74 FR
15578). The public comment period
closed on May 6, 2009 and no
comments were received.
FMCSA has evaluated the eligibility
of the thirty-eight 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).
VerDate Nov<24>2008
14:18 May 21, 2009
Jkt 217001
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 thirty-eight applicants have had
ITDM over a range of 1 to 45 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 April 6,
2009, Federal Register Notice (74 FR
15578). 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
PO 00000
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Fmt 4703
Sfmt 4703
24073
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 no comments in this
proceeding.
Conclusion
After considering the comments to the
docket, and based upon its evaluation of
the thirty-eight exemption applications,
FMCSA exempts, Paul Anaya, William
C. Arrington, Gregory W. Arsenault,
Raymond Barajas, Gary R. Butts, Buck
H. Bowers, Darin L. Carpenter, William
N. Carpenter, James F. Carroll, Jeffrey
W. Cotner, Randy J. Cool, Boyd L.
Croshaw, William Frantz, Steven Garcia,
Carl A. George, James E. Gordon, Jr.,
Scott D. Gottheld, Juan A. Hartwell,
Cole G. Hoff, David A. Holzbach, Gary
E:\FR\FM\22MYN1.SGM
22MYN1
24074
Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices
A. Hopkins, Joseph T. Jackson, Donald
A. Lambrecht, William M. Liebert,
Howard A. McCowan, William J.
Mlejnek, John F. Naughton, Curtis J.
Panther, Eric S. Ritter, Gary L.
Robinson, Todd J. Schoeller, Chad W.
Schumaker, Kevin J. Sears, David W.
Slininger, Peter A. Storm, Robert J.
Streets, Don A. Wisnosky, and Patrick
D. Yasten 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: May 15, 2009.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E9–12054 Filed 5–21–09; 8:45 am]
BILLING CODE 4910–EX–P
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1999–5578; FMCSA–
2000–8398; FMCSA–2002–13411; FMCSA–
2004–17984; FMCSA–2004–19477; FMCSA–
2005–20027; FMCSA–2006–26066; FMCSA–
2006–25246; FMCSA–2007–27333]
Qualification of Drivers; Exemption
Renewals; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
erowe on PROD1PC63 with NOTICES
AGENCY:
SUMMARY: FMCSA previously
announced its decision to renew the
exemptions from the vision requirement
in the Federal Motor Carrier Safety
Regulations for 22 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
14:18 May 21, 2009
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 https://
www.regulations.gov.
Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for a 2year 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 May 6, 2009.
Discussion of Comments
FMCSA received no comments in this
proceeding.
Conclusion
DEPARTMENT OF TRANSPORTATION
VerDate Nov<24>2008
commercial motor vehicle (CMV)
drivers.
Jkt 217001
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 22 renewal
applications, FMCSA renews the
Federal vision exemptions for Rex A.
Botsford, Roger C. Carson, Robert A.
Casson, Gregory L. Cooper, Kenneth D.
Craig, Christopher A. Deadman, Jerald
O. Edwards, David R. Gross, George
Harris, Francisco J. Jimenez, Kenneth C.
Keil, Paul R. Kerpsie, Melvin A.
Kleman, Roosevelt Lawson, Emanuel N.
Malone, Roberto E. Martinez, Richard
W. Mullenix, George K. Sizemore, James
A. Strickland, Clarence L. Swann, Jr.,
Kerry W. VanStory and Manuel A.
Vargas.
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.
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Frm 00091
Fmt 4703
Sfmt 4703
Issued on May 15, 2009.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E9–12055 Filed 5–21–09; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
Release of Waybill Data
The Surface Transportation Board has
received a request from Mitsui Rail
Capital, LLC (WB992–2—05/18/09), for
permission to use certain data from the
Board’s Carload Waybill Samples. A
copy of this request may be obtained
from the Office of Economics,
Environmental Analysis, and
Administration.
The waybill sample contains
confidential railroad and shipper data;
therefore, if any parties object to these
requests, they should file their
objections with the Director of the
Board’s Office of Economics,
Environmental Analysis, and
Administration within 14 calendar days
of the date of this notice. The rules for
release of waybill data are codified at 49
CFR 1244.9.
Contact: Scott Decker, (202) 245–
0330.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9–11975 Filed 5–21–09; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Proposed Collection; Comment
Request for Reporting, Procedures,
and Penalties Regulations
AGENCY: Office of Foreign Assets
Control, Treasury.
ACTION: Notice and request for
comments.
SUMMARY: The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)). Currently, the Office of
Foreign Assets Control (‘‘OFAC’’) within
the Department of the Treasury is
soliciting comments concerning OFAC’s
E:\FR\FM\22MYN1.SGM
22MYN1
]]>Agencies
[Federal Register Volume 74, Number 98 (Friday, May 22, 2009)]
[Notices]
[Pages 24072-24074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12054]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2009-0067]
Qualification of Drivers; Exemption Applications; Diabetes
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
[[Page 24073]]
SUMMARY: FMCSA announces its decision to exempt thirty-eight
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 May 22, 2009. The exemptions expire
on May 23, 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: https://www.regulations.gov.
Docket: For access to the docket to read background documents or
comments, go to https://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 https://Docketinfo.dot.gov.
Background
On April 6, 2009, FMCSA published a notice of receipt of Federal
diabetes exemption applications from thirty-eight individuals, and
requested comments from the public (74 FR 15578). The public comment
period closed on May 6, 2009 and no comments were received.
FMCSA has evaluated the eligibility of the thirty-eight 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 thirty-eight applicants have had ITDM over a range of 1 to 45
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 April 6, 2009, Federal Register
Notice (74 FR 15578). 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 self-
employed. 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 no comments in this proceeding.
Conclusion
After considering the comments to the docket, and based upon its
evaluation of the thirty-eight exemption applications, FMCSA exempts,
Paul Anaya, William C. Arrington, Gregory W. Arsenault, Raymond
Barajas, Gary R. Butts, Buck H. Bowers, Darin L. Carpenter, William N.
Carpenter, James F. Carroll, Jeffrey W. Cotner, Randy J. Cool, Boyd L.
Croshaw, William Frantz, Steven Garcia, Carl A. George, James E.
Gordon, Jr., Scott D. Gottheld, Juan A. Hartwell, Cole G. Hoff, David
A. Holzbach, Gary
[[Page 24074]]
A. Hopkins, Joseph T. Jackson, Donald A. Lambrecht, William M. Liebert,
Howard A. McCowan, William J. Mlejnek, John F. Naughton, Curtis J.
Panther, Eric S. Ritter, Gary L. Robinson, Todd J. Schoeller, Chad W.
Schumaker, Kevin J. Sears, David W. Slininger, Peter A. Storm, Robert
J. Streets, Don A. Wisnosky, and Patrick D. Yasten 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: May 15, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-12054 Filed 5-21-09; 8:45 am]
BILLING CODE 4910-EX-P
