Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 50797-50799 [2010-20216]

Download as PDF Federal Register / Vol. 75, No. 158 / Tuesday, August 17, 2010 / Notices Raw cane sugar, refined and specialty sugar and sugar-containing products volumes for FY 2011 TRQs may enter the United States as of October 1, 2010. DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration * Conversion factor: 1 metric ton = 1.10231125 short tons. [Docket No. FMCSA–2010–0143] Ronald Kirk, United States Trade Representative. Motor Carrier Safety Advisory Committee Public Meeting [FR Doc. 2010–20234 Filed 8–16–10; 8:45 am] AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of Motor Carrier Safety Advisory Committee Meeting. BILLING CODE 3190–W0–P DEPARTMENT OF TRANSPORTATION [FR Doc. 2010–20230 Filed 8–16–10; 8:45 am] FMCSA announces that its Motor Carrier Safety Advisory Committee (MCSAC) will hold a threeday committee meeting concerning fatigue management of commercial motor vehicle (CMV) operators, from August 30 through September 1, 2010. This meeting is open to the public. DATES: Meeting dates: The meeting will be held on the following dates: Monday, August 30, from 8:30 a.m. to 4 p.m.; Tuesday, August 31, from 8:30 a.m. to 4 p.m.; and Wednesday, September 1, 2010, from 8:30 a.m. to 2 p.m. Eastern Daylight Time. Location: Hilton Alexandria Old Town, Washington and Jefferson Rooms, 2nd Floor, 1767 King Street, Alexandria, VA 22314 (located across the street from the King Street Metrorail Station). Subject: FMCSA will request that MCSAC provide information, concepts, and ideas on ways to develop a safe and efficient fatigue management system for commercial motor vehicle operators in the United States. For this meeting, the MCSAC will hear presentations from fatigue management experts and government officials from Australia, Canada, Mexico, and the United States, on efforts to manage how fatigue affects operators of CMVs on their roadways. The MCSAC will draw on the experiences of these other nations and studies performed by the United States and Canada to recommend tenets of fatigue management for the United States. The MCSAC will present a report on its findings and recommendations to Anne Ferro, FMCSA Administrator, at its December 2010 meeting. FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior Management Analyst, Strategic Planning and Program Evaluation Division, Office of Policy Plans and Regulation, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590, (202) 385–2395, or e-mail mcsac@dot.gov. BILLING CODE 4915–01–P SUPPLEMENTARY INFORMATION: Surface Transportation Board [Docket No. FD 27590 (Sub-No. 3)] TTX Company—Application for Approval of Pooling of Car Service With Respect to Flatcars AGENCY: ACTION: Surface Transportation Board. Notice of final decision. In 2004, the Surface Transportation Board (Board) granted TTX Company (TTX) a 10-year extension of its authority to pool certain rail cars, subject to monitoring by the Board during the term of TTX’s extension. Pursuant to this monitoring commitment, the Board, in September 2009, invited comments from interested parties on whether any of TTX’s activities require oversight action by the Board. After reviewing the comments, the Board is issuing a final decision concluding that no modification to its approval of the activities of TTX pursuant to TTX’s pooling agreement is required. SUMMARY: Effective Date: The decision will be effective on August 17, 2010. DATES: FOR FURTHER INFORMATION CONTACT: Larry C. Herzig, (202) 245–0282. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339. jdjones on DSK8KYBLC1PROD with NOTICES SUPPLEMENTARY INFORMATION: Additional information is contained in the Board’s decision. Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: August 10, 2010. By the Board, Chairman Elliott, Vice Chairman Mulvey, and Commissioner Nottingham. Kulunie L. Cannon, Clearance Clerk. VerDate Mar<15>2010 15:16 Aug 16, 2010 Jkt 220001 SUMMARY: PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 50797 I. Background Section 4144 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU) (Pub. L. 109–59, 119 Stat. 1144, August 10, 2005) required the Secretary of Transportation to establish a Motor Carrier Safety Advisory Committee. The committee provides advice and recommendations to the FMCSA Administrator on motor carrier safety programs and regulations and operates in accordance with the Federal Advisory Committee Act (5 U.S.C. App 2). II. Meeting Participation For information on services for individuals with disabilities or to request special assistance, please e-mail your request to mcsac@dot.gov by Wednesday, August 18, 2010. Comments from the public will be heard orally during the last hour of each day’s meeting. To be assured of timely consideration, interested parties may submit written comments on the subject topic by Wednesday, August 18, 2010, to the Federal Docket Management System (FDMS) in Docket Number FMCSA–2010–0143 using either of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. Issued on: August 11, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. 2010–20222 Filed 8–16–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2010–0162] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt twenty 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. SUMMARY: E:\FR\FM\17AUN1.SGM 17AUN1 50798 Federal Register / Vol. 75, No. 158 / Tuesday, August 17, 2010 / Notices The exemptions are effective August 17, 2010. The exemptions expire on August 17, 2012. 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: DATES: 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 Privacy Act Statement for the Federal Docket Management System published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit https://edocket.access.gpo.gov/2008/pdf/ E8–785.pdf. jdjones on DSK8KYBLC1PROD with NOTICES Background On June 28, 2010, FMCSA published a Notice of receipt of Federal diabetes exemption applications from twenty individuals and requested comments from the public (75 FR 36775). The public comment period closed on July 28, 2010 and one comment was received. FMCSA has evaluated the eligibility of the twenty 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 drivers with diabetes had a higher rate of crash involvement than the general VerDate Mar<15>2010 15:16 Aug 16, 2010 Jkt 220001 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 twenty applicants have had ITDM over a range of 1 to 23 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 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 standard at 49 CFR 391.41(b)(10). The qualifications and medical condition of each applicant were stated and discussed in detail in the June 28, 2010, Federal Register Notice and 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 endocrinologists’ medical opinion related to the ability of PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 the driver to safely operate a CMV while using insulin. Consequently, FMCSA finds that in each case 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 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. Discussion of Comments FMCSA received one comment in this proceeding. The comment was considered and discussed below. The Pennsylvania Department of Transportation stated that it had reviewed the driving records for Pradip B. Desai, Chad C. Gittings, and Gerald J. Scheeler and was in favor of granting a Federal diabetes exemption to these individuals. Conclusion Based upon its evaluation of the twenty exemption applications, FMCSA exempts, Gary L. Alexander, Michael J. Baron, Daniel E. Bergstresser, Neil H. Buchner, Charles L. Cheeseboro, Sr., Stephen F. Clendenin, Donald P. Dean, Pradip B. Desai, Howard M. Galton, Chad C. Gittings, Steve Gumienny, Richard L. Harding, Mark D. Huffine, Brian M. Katayama, Rajendra Narine, James M. Parr, Hubert S. Paxton, Gerald J. Scheeler, Daniel L. Smith and Steven C. Vanscoyoc from the ITDM standard E:\FR\FM\17AUN1.SGM 17AUN1 Federal Register / Vol. 75, No. 158 / Tuesday, August 17, 2010 / Notices 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: August 9, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. 2010–20216 Filed 8–16–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1999–5748; FMCSA– 1999–6156; FMCSA–1999–6480; FMCSA– 2001–11426; FMCSA–2002–12294; FMCSA– 2005–22194; FMCSA–2006–24015; FMCA– 2008–0106; FMCSA–2008–0174] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 18 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. jdjones on DSK8KYBLC1PROD with NOTICES SUMMARY: This decision is effective September 9, 2010. Comments must be received on or before September 16, 2010. DATES: You may submit comments bearing the Federal Docket Management ADDRESSES: VerDate Mar<15>2010 15:16 Aug 16, 2010 Jkt 220001 System (FDMS) Docket ID FMCSA– 1999–5748; FMCSA–1999–6156; FMCSA–1999–6480; FMCSA–2001– 11426; FMCSA–2002–12294; FMCSA– 2005–22194; FMCSA–2006–24015; FMCA–2008–0106; FMCSA–2008–0174, using any of the following methods. • Federal eRulemaking Portal: Go to https://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. Instructions: Each submission must include the Agency name and the docket number for this Notice. Note that DOT posts all comments received without change to https:// 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 https:// 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 DOT’s Privacy Act Statement for the Federal Docket Management System published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit https:// edocket.access.gpo.gov/2008/pdf/E8– 785.pdf. FOR FURTHER INFORMATION CONTACT: Mary D. Gunnels, Director, Medical Programs, (202)–366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 Dr. 50799 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 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 18 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 18 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Juan D. Adame Frank R. Berritto Daniel K. Davis, III Timothy J. Droeger Robert E. Engel James H. Facemyre James M. Fairman Gregory L. Farrar Jeffrey M. Hall Victor B. Hawks Oskia D. Johnson Richard W. O’Neill Larry A. Priewe Robert J. Szeman Patrick D. Talley Loren R. Walker Kris Wells Timothy J. Wilson The exemptions are extended subject to the following conditions: (1) That each individual has 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 provides 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 retains a copy of the certification on his/her person while E:\FR\FM\17AUN1.SGM 17AUN1

Agencies

[Federal Register Volume 75, Number 158 (Tuesday, August 17, 2010)]
[Notices]
[Pages 50797-50799]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20216]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2010-0162]


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 twenty 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.

[[Page 50798]]


DATES: The exemptions are effective August 17, 2010. The exemptions 
expire on August 17, 2012.

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 Privacy Act Statement for the Federal 
Docket Management System published in the Federal Register on January 
17, 2008 (73 FR 3316), or you may visit https://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

Background

    On June 28, 2010, FMCSA published a Notice of receipt of Federal 
diabetes exemption applications from twenty individuals and requested 
comments from the public (75 FR 36775). The public comment period 
closed on July 28, 2010 and one comment was received.
    FMCSA has evaluated the eligibility of the twenty 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 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 twenty applicants have had ITDM over a range of 1 to 23 
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 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 standard at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were 
stated and discussed in detail in the June 28, 2010, Federal Register 
Notice and 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 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 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 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 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 one comment in this proceeding. The comment was 
considered and discussed below.
    The Pennsylvania Department of Transportation stated that it had 
reviewed the driving records for Pradip B. Desai, Chad C. Gittings, and 
Gerald J. Scheeler and was in favor of granting a Federal diabetes 
exemption to these individuals.

Conclusion

    Based upon its evaluation of the twenty exemption applications, 
FMCSA exempts, Gary L. Alexander, Michael J. Baron, Daniel E. 
Bergstresser, Neil H. Buchner, Charles L. Cheeseboro, Sr., Stephen F. 
Clendenin, Donald P. Dean, Pradip B. Desai, Howard M. Galton, Chad C. 
Gittings, Steve Gumienny, Richard L. Harding, Mark D. Huffine, Brian M. 
Katayama, Rajendra Narine, James M. Parr, Hubert S. Paxton, Gerald J. 
Scheeler, Daniel L. Smith and Steven C. Vanscoyoc from the ITDM 
standard

[[Page 50799]]

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: August 9, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-20216 Filed 8-16-10; 8:45 am]
BILLING CODE 4910-EX-P
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