30-Day Federal Register Notice

22942

Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices

published in the Federal Register on
January 17, 2008 (73 FR 3316), or you
may visit http://edocket.access.gpo.gov/
2008/pdf/E8-785.pdf.

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Background
On February 22, 2011, FMCSA
published a notice of receipt of Federal
diabetes exemption applications from
sixteen individuals and requested
comments from the public (76 FR 9854).
The public comment period closed on
March 24, 2011 and one comment was
received.
FMCSA has evaluated the eligibility
of the sixteen 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 sixteen applicants have had
ITDM over a range of 1 to 51 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

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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 February
22, 2011, Federal Register notice and
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
William Hepp and Todd A. Kozemchak
and are 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

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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
sixteen exemption applications, FMCSA
exempts, Paul C. Anderson, Brenda A.
Barnhill, Warren S. Brown, Gregory M.
Cox, Bruce R. Davis, Neal J. Gifford,
William Hepp, Ryan B. Homles, Todd
A. Kozemchak, James L. Mynars, Dale
A. Roberts, Charles C. Schutz, Andrew
J. Shown, Daniel H. Starrett, Bruce K.
Thomas and Kory M. Tobias 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: April 15, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011–9897 Filed 4–22–11; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Maritime Administration
Reports, Forms and Recordkeeping
Requirements; Agency Information
Collection Activity Under OMB Review
Maritime Administration, DOT.
Notice and request for
comments.

AGENCY:
ACTION:

In compliance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice

SUMMARY:

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Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices
announces that the Information
Collection abstracted below has been
forwarded to the Office of Management
and Budget (OMB) for review and
approval. The nature of the information
collection is described as well as its
expected burden. The Federal Register
Notice with a 60-day comment period
soliciting comments on the following
collection of information was published
on February 3, 2011, and comments
were due by April 4, 2011. No
comments were received.
DATES: Comments must be submitted on
or before May 25, 2011.
FOR FURTHER INFORMATION CONTACT:
Albert Bratton, Maritime
Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
Telephone: 202–366–5769 or e-mail:
[email protected]. Copies of this
collection also can be obtained from that
office.
SUPPLEMENTARY INFORMATION:

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Maritime Administration
Title: Determination of Fair and
Reasonable Rates for Carriage of
Agriculture Cargoes on U.S.-Flag
Commercial Vessels.
OMB Control Number: 2133–0514.
Type of Request: Extension of
currently approved collection.
Affected Public: U.S. citizens who
own and operate U.S.-flag vessels.
Forms: MA–1025, MA–1026, and
MA–172.
Abstract: This collection of
information requires U.S.-flag operators
to submit annual vessel operating costs
and capital costs data to Maritime
Administration officials. The
information is used by the Maritime
Administration in determining fair and
reasonable guideline rates for the
carriage of preference cargoes on U.S.flag vessels. In addition, U.S.-flag vessel
operators are required to submit Post
Voyage Reports to the Maritime
Administration after completion of a
cargo preference voyage.
Annual Estimated Burden Hours:
546 hours.
Addressees: Send comments to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 17th Street, NW.,
Washington, DC 20503, Attention
Maritime Administration Desk Officer.
Comments Are Invited On: Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information will have
practical utility; the accuracy of the
agency’s estimate of the burden of the
proposed information collection; ways
to enhance the quality, utility and

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clarity of the information to be
collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
A comment to OMB is best assured of
having its full effect if OMB receives it
within 30 days of publication.
Authority: 49 CFR 1.66.
Dated: April 13, 2011.
Christine Gurland,
Secretary, Maritime Administration.
[FR Doc. 2011–9906 Filed 4–22–11; 8:45 am]
BILLING CODE 4910–81–P

DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD 2011 0043]

Information Collection Available for
Public Comments and
Recommendations
Notice and request for
comments.

ACTION:

In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Maritime
Administration’s (MARAD’s) intention
to request extension of approval for
three years of a currently approved
information collection.
DATES: Comments should be submitted
on or before June 24, 2011.
FOR FURTHER INFORMATION CONTACT:
Sheila Brown, Maritime Administration,
1200 New Jersey Avenue, SE.,
Washington, DC 20590. Telephone:
202–366–5178 or e-mail:
[email protected]. Copies of this
collection also can be obtained from that
office.
SUPPLEMENTARY INFORMATION:
SUMMARY:

Maritime Administration (MARAD)
Title of Collection: Automated
Mutual-Assistance Vessel Rescue
System (AMVER).
Type of Request: Extension of
currently approved information
collection.
OMB Control Number: 2133–0025.
Form Numbers: None.
Expiration Date of Approval: Three
years from date of approval by the
Office of Management and Budget.
Summary of Collection of
Information: This collection of
information is used to gather
information regarding the location of
U.S.-flag vessels and certain other U.S.
citizen-owned vessels for the purpose of
search and rescue in the saving of lives
at sea and for the marshalling of ships

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22943

for national defense and safety
purposes.
Need and Use of the Information: The
collection of information is necessary
for maintaining a current plot of U.S.flag and U.S.-owned vessels.
Description of Respondents: U.S.-flag
and U.S. citizen-owned vessels.
Annual Responses: 729,280
responses.
Annual Burden: 51,050 hours.
Comments: Comments should refer to
the docket number that appears at the
top of this document. Written comments
may be submitted to the Docket Clerk,
U.S. DOT Dockets, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590. Comments also
may be submitted by electronic means
via the Internet at http://
www.regulations.gov/search/index.jsp.
Specifically address whether this
information collection is necessary for
proper performance of the functions of
the agency and will have practical
utility, accuracy of the burden
estimates, ways to minimize this
burden, and ways to enhance the
quality, utility, and clarity of the
information to be collected. All
comments received will be available for
examination at the above address
between 10 a.m. and 5 p.m. EDT (or
EST), Monday through Friday, except
Federal Holidays. An electronic version
of this document is available on the
World Wide Web at http://
www.regulations.gov/search/index.jsp.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit http://www.regulations.gov/
search/index.jsp.
Authority: 49 CFR 1.66.
Dated: April 13, 2011.
By Order of the Maritime Administrator.
Christine Gurland,
Secretary, Maritime Administration.
[FR Doc. 2011–9905 Filed 4–22–11; 8:45 am]
BILLING CODE 4910–81–P

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