Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 44650-44652 [2011-18892]

Download as PDF sroberts on DSK5SPTVN1PROD with NOTICES 44650 Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Notices Highway (SH) 121 (also known as Chisholm Trail) from Farm to Market (FM) 1187 to United States (US) 67 within the cities of Fort Worth, Crowley, Burleson, Joshua and Cleburne in Tarrant and Johnson Counties. Project Reference Number: TxDOT CSJ: 0504– 04–001 and 0504–05–001. The project is the construction of an approximate 14mile new location toll road (SH 121), that will connect FM 1187 to US 67. The project will consist of an ultimate facility of two travel lanes in each direction with shoulders. The project will be constructed in phases. The actions by the Federal agencies on the project, and the laws under which such actions were taken, are described in the documented Environmental Assessment (EA), with a Findings of No Significant Impact (FONSI) issued May 20, 2004 and reaffirmed May 10, 2011 and in other document project records. The EA, FONSI, and other project records for the listed project are available by contacting the FHWA or the Texas Department of Transportation at the addresses provided above. The FHWA EA and FONSI can also be viewed at the project Web site: https://www.txdot.gov/ project_information/projects/fort_worth/ southwest_parkway/ environmental_assessment.htm. The USACE decision (USACE Nationwide Permit 14 with pre-construction notification; Project Number SWF– 2005–00058) is available by contacting TxDOT at the address provided above or can be viewed at the project Web site. The Decision Document for Nationwide Permit 14 along with the Supplemental Decision Document for Nationwide Permit 14 for regional conditions are also available by contacting TxDOT at the address provided above or can be viewed at the project Web site. The USACE involvement with this project is limited to approving the Section 404 permit for the project. This notice applies to all Federal agency decisions on the listed project 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 et seq.]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128]. 2. Air: Clean Air Act [42 U.S.C. 7401– 7671(q)]. 3. Land: Section 4(f) of the Department of Transportation Act of 1966 [23 U.S.C. 138 and 49 U.S.C. 303]. 4. Wildlife: Endangered Species Act of 1973 [16 U.S.C. 1531–1544 and Section 1536]; Fish and Wildlife Coordination Act [16 U.S.C. 661–667(d)]; and Migratory Bird Treaty Act [16 U.S.C. 703–712]. VerDate Mar<15>2010 16:12 Jul 25, 2011 Jkt 223001 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470]; Archeological and Historic Preservation Act [16 U.S.C. 469]. 6. Social and Economic: Title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000(d) et seq.]; Farmland Protection Policy Act [7 U.S.C. 4201–4209]. 7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251–1377] (Section 404, Section 401, Section 402, Section 319); Rivers and Harbors Act of 1899 [33 U.S.C. 401–406]; and Land and Water Conservation Fund [16 U.S.C. 4601–4604]. 8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13175 Consultation and Coordination with Indian Tribal Government; E.O. 11514 Protection and Enhancement of Environmental Quality. (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(l)(1). Issued on: July 20, 2011. Salvador Deocampo, District Engineer, Austin, Texas. notice was published, the Agency amends the previous notice to provide that information. Also, in consideration of the complexity of the technical issues discussed by the subcommittee during the July 11–12, 2011, meeting, the meeting time is being extended on the first day of the August 1–2, 2011, meeting. Ms. Shannon L. Watson, (202) 385–2395, mcsac@dot.gov. TIMES AND DATES: The meeting will be held on Monday and Tuesday, August 1 and 2, 2011, from 8 a.m. to 5 p.m. (E.T.) at the Sheraton Crystal City, 1800 Jefferson Davis Highway, Arlington, VA 22202, in meeting rooms Crystal V and VI. SUPPLEMENTARY INFORMATION: The FMCSA’s June 29, 2011, notice (76 FR 38268) indicated that the Agency’s MCSAC would hold two subcommittee meetings with the first meeting to be held on July 11–12, 2011, at the Hilton Alexandria Old Town. The notice indicated the second meeting would be held on August 1 and 2, 2011, from noon to 5 p.m. on August 1 and 8 a.m. to 5 p.m. on August 2. The notice did not provide a location for the August 1– 2, 2011, meeting. FMCSA announces the location of the August 1–2, 2011, meeting and extends the meeting time. The meeting will be held at the Sheraton Crystal City in Arlington, VA. The meeting will begin at 8 a.m. and end at 5 p.m. on both days. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2011–18821 Filed 7–25–11; 8:45 am] Issued on: July 20, 2011. Larry W. Minor, Associate Administrator for Policy. BILLING CODE 4910–RY–P [FR Doc. 2011–18891 Filed 7–25–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2006–26367] Motor Carrier Safety Advisory Committee Public Subcommittee Meeting; Amendment DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2011–0143] Qualification of Drivers; Exemption Applications; Diabetes Mellitus AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice; amendment. AGENCY: This notice amends FMCSA’s June 29, 2011, notice announcing July and August, 2011, subcommittee meetings of the Agency’s Motor Carrier Safety Advisory Committee (MCSAC). Because a final decision on the location for the August 1–2, 2011, MCSAC subcommittee meeting had not been made at the time the June 29, 2011, SUMMARY: SUMMARY: PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. FMCSA announces its decision to exempt nineteen 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. E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Notices The exemptions are effective July 26, 2011. The exemptions expire on July 26, 2013. FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, 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 (FDMS) 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. sroberts on DSK5SPTVN1PROD with NOTICES Background On June 2, 2011, FMCSA published a notice of receipt of Federal diabetes exemption applications from nineteeen individuals and requested comments from the public (76 FR 32012). The public comment period closed on July 5, 2011, and one comment was received. FMCSA has evaluated the eligibility of the nineteen 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 VerDate Mar<15>2010 16:12 Jul 25, 2011 Jkt 223001 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 nineteen applicants have had ITDM over a range of 1 to 30 years. These applicants report no severe hypoglycemic reactions resulting in loss of consciousness or seizure, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning symptoms, in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the past 5 years. In each case, an endocrinologist verified that the driver has demonstrated a willingness to properly monitor and manage his/her diabetes mellitus, received education related to diabetes management, and is on a stable insulin regimen. These drivers report no other disqualifying conditions, including diabetes-related complications. Each meets the vision 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 2, 2011, Federal Register notice. They will not be repeated in this notice. Discussion of Comment 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 Brion T. Maguire and Harry L. Claycomb and is in favor of granting them a Federal diabetes exemption. 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 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 44651 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 selfemployed. The driver must also have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. Conclusion Based upon its evaluation of the nineteen exemption applications, FMCSA exempts Russell L. Bassett, Teddy L. Beach, Franklin L. Bell, Jeffery F. Borelli, Dale E. Burke, James S. Campbell, Harry L. Claycomb, Boyd L. Croshaw, Gail R. Gehrke, Derek R. Haagensen, Martin J. Johnson, Shelley Kneeland, Jr., Brion T. Maguire, Mark D. McKee, Todd J. Smith, John J. Steigauf, Andrew C. Winsberg, Nathan E. Woodin and Vicky A. Yernesek from the ITDM standard in 49 CFR 391.41(b)(3), subject E:\FR\FM\26JYN1.SGM 26JYN1 44652 Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Notices 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: July 20, 2011. Larry W. Minor, Associate Administrator Office of Policy. [FR Doc. 2011–18892 Filed 7–25–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1998–4334; FMCSA– 2000–7918; FMCSA–2001–9561; FMCSA– 2003–14504; FMCSA–2005–20027; FMCSA– 2007–2663; FMCSA–2007–25246; FMCSA– 2007–27515; FMCSA–2007–27897; FMCSA– 2009–0054; FMCSA–2009–0086; FMCSA– 2009–0121] 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 26 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. sroberts on DSK5SPTVN1PROD with NOTICES SUMMARY: This decision is effective August 8, 2011. Comments must be received on or before August 25, 2011. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: FMCSA– DATES: VerDate Mar<15>2010 16:12 Jul 25, 2011 Jkt 223001 1998–4334; FMCSA–2000–7918; FMCSA–2001–9561; FMCSA–2003– 14504; FMCSA–2005–20027; FMCSA– 2007–2663; FMCSA–2007–25246; FMCSA–2007–27515; FMCSA–2007– 27897; FMCSA–2009–0054; FMCSA– 2009–0086; FMCSA–2009–0121, 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 Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s Privacy Act Statement for the FDMS published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit https://edocket.access.gpo.gov/2008/pdf/ E8–785.pdf. FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical Programs, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 Department of Transportation, 1200 New Jersey Avenue, SE., Room W64– 224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may 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 26 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 26 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Jean-Pierre G. Brefort James T. Butler, Jr. Paul W. Dawson Jay E. Finney Steven A. Garrity Waylon E. Hall Gary D. Hallman William P. Holloman John R. Hughes Edward J. Kasper Jeffrey M. Kimsey Richard L. Leonard Jorge Lopez Craig R. Martin Michael A. Mitchell William F. Nickel, V Robert D. Porter Thomas G. Raymond Robert A. Reyna Tim M. Seavy Lawrence E. Stabeno Randy D. Stanley Lee T. Taylor Scott A. Taylor James M. Tayman, Sr. Steven L. Thomas 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 E:\FR\FM\26JYN1.SGM 26JYN1

Agencies

[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Notices]
[Pages 44650-44652]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18892]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2011-0143]


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 nineteen 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 44651]]


DATES: The exemptions are effective July 26, 2011. The exemptions 
expire on July 26, 2013.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, 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 (FDMS) 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 2, 2011, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from nineteeen individuals and 
requested comments from the public (76 FR 32012). The public comment 
period closed on July 5, 2011, and one comment was received.
    FMCSA has evaluated the eligibility of the nineteen 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 nineteen applicants have had ITDM over a range of 1 to 30 
years. These applicants report no severe hypoglycemic reactions 
resulting in loss of consciousness or seizure, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning symptoms, in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the past 5 years. 
In each case, an endocrinologist verified that the driver has 
demonstrated a willingness to properly monitor and manage his/her 
diabetes mellitus, received education related to diabetes management, 
and is on a stable insulin regimen. These drivers report no other 
disqualifying conditions, including diabetes-related complications. 
Each meets the vision 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 2, 2011, Federal Register 
notice. They will not be repeated in this notice.

Discussion of Comment

    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 Brion T. Maguire and Harry L. Claycomb 
and is in favor of granting them a Federal diabetes exemption.

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.

Conclusion

    Based upon its evaluation of the nineteen exemption applications, 
FMCSA exempts Russell L. Bassett, Teddy L. Beach, Franklin L. Bell, 
Jeffery F. Borelli, Dale E. Burke, James S. Campbell, Harry L. 
Claycomb, Boyd L. Croshaw, Gail R. Gehrke, Derek R. Haagensen, Martin 
J. Johnson, Shelley Kneeland, Jr., Brion T. Maguire, Mark D. McKee, 
Todd J. Smith, John J. Steigauf, Andrew C. Winsberg, Nathan E. Woodin 
and Vicky A. Yernesek from the ITDM standard in 49 CFR 391.41(b)(3), 
subject

[[Page 44652]]

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: July 20, 2011.
Larry W. Minor,
Associate Administrator Office of Policy.
[FR Doc. 2011-18892 Filed 7-25-11; 8:45 am]
BILLING CODE 4910-EX-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.