Notice of revised final disposition entitled, "Qualification of Drivers, Eligibility Criteria and Applications; Diabetes Exemption" (70 FR 67777)

Federal Register / Vol. 70, No. 215 / Tuesday, November 8, 2005 / Notices
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. This notice addresses 22
individuals who have requested renewal
of their exemptions in a timely manner.
FMCSA has evaluated these 22
applications for renewal on their merits
and decided to extend each exemption
for a renewable two-year period. They
are:
Terry J. Aldridge
Jerry D. Bridges
Roosevelt Bryant, Jr.
Thomas P. Cummings
Ralph E. Eckels
Marion R. Fox, Jr.
Gary R. Gutschow
Richard J. Hanna
James J. Hewitt
Carl M. Hill
John K. Love
Albert E. Malley
Roger J. Mason
David L. Menken
Richard L. Messinger
Eldon Miles
Rodney M. Mimbs
Walter F. Moniowczak
Ronald L. Roy
Thomas E. Walsh
Kevin P. Weinhold
Thomas A. Wise
These exemptions are renewed
subject to the following conditions: (1)
That each individual have 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
provide 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 retain a copy of the certification
on his/her person while driving for
presentation to a duly authorized
Federal, State, or local enforcement
official. Each exemption will be valid
for two years unless rescinded earlier by
FMCSA. The exemption will be
rescinded if: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has

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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. 31315 and
31136(e).
Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an
exemption may be granted for no longer
than two years from its approval date
and may be renewed upon application
for additional two year periods. In
accordance with 49 U.S.C. 31315 and
31136(e), each of the 22 applicants has
satisfied the eligibility requirements for
obtaining an exemption from the vision
standard (64 FR 27027; 64 FR 51568; 66
FR 48504; 68 FR 54775; 64 FR 68195;
65 FR 20251; 67 FR 17102; 65 FR 45817;
65 FR 77066; 68 FR 1654; 66 FR 17743;
66 FR 33990; 66 FR 30502; 66 FR 41654;
67 FR 68719; 68 FR 2629; 68 FR 10301;
68 FR 19596; 68 FR 52811; 68 FR
61860). Each of these 22 applicants has
requested timely renewal of the
exemption and has submitted evidence
showing that the vision in the better eye
continues to meet the standard specified
at 49 CFR 391.41(b)(10) and that the
vision impairment is stable. In addition,
a review of each record of safety while
driving with the respective vision
deficiencies over the past two years
indicates each applicant continues to
meet the vision exemption standards.
These factors provide an adequate basis
for predicting each driver’s ability to
continue to drive safely in interstate
commerce. Therefore, FMCSA
concludes that extending the exemption
for each renewal applicant for a period
of two years is likely to achieve a level
of safety equal to that existing without
the exemption.
Comments
FMCSA will review comments
received at any time concerning a
particular driver’s safety record and
determine if the continuation of the
exemption is consistent with the
requirements at 49 U.S.C. 31315 and
31136(e). However, FMCSA requests
that interested parties with specific data
concerning the safety records of these
drivers submit comments by December
8, 2005.
In the past FMCSA has received
comments from Advocates for Highway
and Auto Safety (Advocates) expressing
continued opposition to FMCSA’s
procedures for renewing exemptions
from the vision requirement in 49 CFR
391.41(b)(10). Specifically, Advocates
objects to the agency’s extension of the
exemptions without any opportunity for
public comment prior to the decision to
renew, and reliance on a summary

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statement of evidence to make its
decision to extend the exemption of
each driver.
The issues raised by Advocates were
addressed at length in 69 FR 51346
(August 18, 2004). FMCSA continues to
find its exemption process consistent
with the statutory and regulatory
requirements.
Issued on: November 3, 2005.
Rose A. McMurray,
Associate Administrator, Policy and Program
Development.
[FR Doc. 05–22263 Filed 11–7–05; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2001–9800]

Qualification of Drivers; Eligibility
Criteria and Applications; Diabetes
Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of revised final
disposition.
AGENCY:

SUMMARY: This notice announces
FMCSA’s decision to revise the terms
and conditions of its previous decision
to issue exemptions to certain insulintreated diabetic drivers of commercial
motor vehicles (CMVs) from the
diabetes mellitus prohibitions contained
in the Federal Motor Carrier Safety
Regulations (FMCSRs). This action is in
response to section 4129 of the Safe,
Accountable, Flexible and Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA-LU) which requires
FMCSA within 90 days of enactment to
modify its exemption program to allow
individuals who use insulin to treat
diabetes mellitus to operate CMVs in
interstate commerce, without having to
demonstrate safe driving experience
operating a CMV while using insulin,
while at the same time implementing
certain other requirements contained in
section 4129. These changes will remain
in effect until FMCSA completes a
rulemaking to revise the FMCSRs to
allow drivers with insulin-treated
diabetes mellitus (ITDM) to operate
CMVs in interstate commerce in
accordance with the applicable statutory
standards.
DATES: This notice is effective on
November 8, 2005. FMCSA will begin
accepting applications for exemptions
under the new criteria on November 8,
2005.

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Federal Register / Vol. 70, No. 215 / Tuesday, November 8, 2005 / Notices

Drivers with insulin-treated
diabetes mellitus (ITDM) who meet the
modified criteria contained in this
notice may now request an exemption
from 49 CFR 391.41(b)(3) by sending an
exemption application request to:
Federal Diabetes Exemption Program
(MC–PSP), Office of Bus and Truck
Standards and Operations, Federal
Motor Carrier Safety Administration,
400 Seventh Street, SW., Washington,
DC 20590–0001, calling 703–448–3094,
or faxing a request to 703–448–3077.
You may submit comments on the
limited issue of the information
collection burden in this notice. FMCSA
must receive your information
collection burden comments by January
9, 2006. You may submit information
collection burden comments identified
by any of the following methods. Please
identify your comments by the DOT
DMS Docket Number FMCSA–2001–
9800. Please also note the paragraph
under the subheading Privacy Act later
in this notice about how your comments
will be available to the public.
• Web site: http://dms.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
• Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
Instructions: All submissions must
include the agency name and docket
number for this notice. Note that all
comments received will be posted
without change to http://dms.dot.gov,
including any personal information
provided. Please see the Privacy Act
heading under Regulatory Notices.
Docket: For access to the docket to
read background documents or
comments received, go to http://
dms.dot.gov at any time or to Room PL–
401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW.,
Washington, DC between 9 a.m. and 5
p.m. Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dr.
Mary D. Gunnels, Office of Bus and
Truck Standards and Operations, (202)
366–4001, FMCSA, Department of
Transportation, 400 Seventh Street,
ADDRESSES:

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SW., Washington, DC 20590–0001.
Office hours are from 8 a.m. to 5 p.m.,
e.t., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
FMCSA established the current
physical qualification standard for
drivers with ITDM in 1970 because
several risk studies indicated that such
drivers had a higher rate of accident
involvement than the general
population. The standard states 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).
Since 1970, the agency has considered
the diabetes requirement and
undertaken studies to determine if its
diabetes standard for commercial
drivers in interstate commerce should
be amended. It is FMCSA’s view that its
physical qualification standards should
be based on sound medical, scientific
and technological grounds, and that
individual determinations should be
made to the maximum extent possible
consistent with FMCSA’s responsibility
to ensure safety on the Nation’s
highways. FMCSA discussed the
regulatory history and research activity
addressing the issue of diabetes and
CMV operation in a prior notice in this
proceeding. 66 FR 39548, 39549 (July
31, 2001)
In 1998, section 4018 of the
Transportation Equity Act for the 21st
Century, Public Law 105–178, 112 Stat.
413–4 (TEA–21) (set out as a note to 49
U.S.C. 31305) directed the Secretary of
Transportation (the Secretary) to
determine if it is feasible to develop ‘‘a
practicable and cost-effective screening,
operating and monitoring protocol’’ for
allowing drivers with ITDM to operate
CMVs in interstate commerce ‘‘that
would ensure a level of safety equal to
or greater than that achieved with the
current prohibition on individuals with
insulin treated diabetes mellitus driving
such vehicles.’’ As directed by section
4018, the agency compiled and
evaluated the available research and
information. It assembled a panel of
medical experts in the treatment of
diabetes to investigate and report on the
issues concerned with the treatment,
medical screening and monitoring of
ITDM individuals in the context of
operating CMVs. FMCSA then
submitted to Congress in July 2000 a
report entitled ‘‘A Report to Congress on
the Feasibility of a Program to Qualify
Individuals with Insulin Treated
Diabetes Mellitus to Operate

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Commercial Motor Vehicles in Interstate
Commerce as Directed by the
Transportation Equity Act for the 21st
Century,’’ (TEA–21 Report to Congress).
It concluded that it is feasible to
establish a safe and practicable protocol
with three components that would
allow some drivers with ITDM to
operate CMVs. The three components
included screening of qualified drivers,
operational requirements to ensure
proper disease management by such
drivers, and monitoring of safe driving
behavior and proper disease
management (refer to pages 64–65). For
a detailed discussion of the report’s
findings and conclusions, refer to the
prior notice in this proceeding. 66 FR
39548, 39549–51 (July 31, 2001). The
TEA–21 Report to Congress can be
accessed in docket FMCSA–2001–9800,
item 87, in the DOT Docket
Management System at: http://
dmses.dot.gov/docimages/p64/
139973.tif; http://dmses.dot.gov/
docimages/pdf71/139973_web.pdf; or
on FMCSA’s Web site at: http://
www.fmcsa.dot.gov/facts-research/
research-technology/publications/
medreports.htm.
As a result of the conclusions found
in the TEA–21 Report to Congress, in
2001, FMCSA proposed to implement
those conclusions and
recommendations by issuing
exemptions from the FMCSRs to allow
operations of CMVs by drivers treating
their diabetes mellitus with insulin.
After receiving and considering
comments on the proposed use of
exemptions to implement the TEA–21
Report to Congress, in 2003, FMCSA
issued a Notice of Final Disposition
establishing the procedures and
protocols for implementing the
exemptions. 68 FR 52441 (September 3,
2003) (‘‘2003 Notice’’). In order to obtain
an exemption, a CMV driver with ITDM
must follow the basic requirements for
obtaining an exemption set out in 49
CFR part 381, subpart C. FMCSA may
not grant an exemption unless it would
maintain a level of safety equivalent to,
or greater than, the level achieved
without the exemption. 49 U.S.C. 31315
and 49 CFR 381.305(a). This is the same
basic standard applicable to the
determination under TEA–21 section
4018(a) of a protocol for CMV drivers
with ITDM. Relying on the legislative
history of this section,1 FMCSA
previously stated that the level of safety
would be equivalent if there is a
reasonable expectation that safety will
not be compromised if an exemption is
1 Added by section 4007 of Transportation Equity
Act for the 21st Century (TEA–21), Public Law 105–
178, 112 Stat. 401 (June 9, 1998).

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Federal Register / Vol. 70, No. 215 / Tuesday, November 8, 2005 / Notices
granted. Federal Motor Carrier Safety
Regulations; Waivers, Exemptions and
Pilot Programs, 69 FR 51589, 51592
(Aug. 20, 2004). See also House Conf.
Report 105–550 (May 22, 1998) at 489.
In conformity with the conclusions of
the TEA–21 Report to Congress, the
2003 Notice implemented, with a few
modifications, the three components of
the protocol recommended in the report,
to allow drivers with ITDM to be
qualified with an exemption from the
FMCSRs to operate CMVs (refer to pages
65–69). Notice of the grant of the first
such exemptions to four drivers who
use insulin to treat their diabetes was
published on September 2, 2005. 70 FR
52465.
Safe, Accountable, Flexible, Efficient
Transportation Equity Act
Section 4129 of SAFETEA–LU, Public
Law 109–59, 119 Stat. 1144, 1742–43
(Aug. 10, 2005) requires the Secretary to
begin, within 90 days of enactment, to
revise the 2003 Notice to allow drivers
who use insulin to treat diabetes to
operate CMVs in interstate commerce.2
The revision must provide for
individual assessment of diabetic
mellitus drivers, and be consistent with
the criteria described in section 4018 of
TEA–21, discussed above.
Section 4129 requires two substantive
changes to be made in the current
exemption process set out in the 2003
Notice. As required by section 4129(b)–
(c), the changes are: (1) Elimination of
the requirement for three years of
experience operating CMVs while being
treated with insulin; and (2)
establishment of a specified minimum
period of insulin use to demonstrate
stable control of diabetes before being
allowed to operate a CMV.
In order to accomplish these changes
within the 90-day time frame
established by section 4129, FMCSA
will make immediate revisions to the
current diabetes exemption program
established by the 2003 Notice. These
revisions are those that are necessary to
respond to the specific changes
mandated by section 4129 while
continuing to ensure that operation of
CMVs by drivers with ITDM will
achieve the necessary level of safety as
also required by section 4129(a). The
revisions will include: (1) Elimination
of the requirement for three years of
experience operating CMVs while being
treated with insulin; and (2) definition
of stable control, using the TEA–21
Report to Congress. Both of those
2 Section 4129(a) refers to the 2003 Notice as a
‘‘final rule.’’ However, the 2003 Notice did not issue
a ‘‘final rule,’’ but did establish the procedures and
standards for issuing exemptions for drivers with
ITDM.

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changes are discussed in more detail
below.
Section 4129(d) also directed FMCSA
to ensure that drivers of CMVs with
ITDM are not held to a higher standard
than other drivers, with the exception of
limited operating, monitoring and
medical requirements that are deemed
medically necessary. FMCSA concludes
that all of the operating, monitoring and
medical requirements set out in the
2003 Notice, except as modified here,
are in compliance with section 4129(d).
All of the requirements set out in the
2003 Notice, except as modified here,
will remain in effect.
These changes to the exemption
program will be effective upon
publication of this Notice in the Federal
Register. FMCSA is also commencing
the process for considering revisions to
the current physical qualification
standards for drivers with ITDM, and
will be issuing an Advance Notice of
Proposed Rulemaking (ANPRM) in the
near future. Interested parties are urged
to submit comments on this Notice and
its implementation of the statutory
directives in their comments in
response to FMCSA’s upcoming
ANPRM.
Revisions to the Exemption Eligibility
Criteria
Driving Experience While Using Insulin
The TEA–21 Report to Congress states
that a necessary component of the
feasible program should be screening of
qualified drivers. It is recommended
that criteria for screening a driver with
ITDM should include a review of
driving experience and driving record to
ensure that there was a level of safety
present that did not compromise public
safety.
Section 4129(b) of SAFETEA-LU
requires the removal of using driving
experience as screening criteria for
approving or disapproving an
exemption from the physical
qualifications standards for drivers with
ITDM operating a CMV while using
insulin. Therefore, FMCSA will
immediately discontinue use of the 3year criterion for drivers with ITDM.
Applications from drivers with ITDM
will no longer be denied because the
drivers do not have 3 years of
experience operating CMVs, while using
insulin. FMCSA will also no longer
require submission of a driving record
in order to determine exemption
eligibility. The requirement for drivers
with ITDM to provide proof of valid
operator’s license will remain in effect.

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Definition of Stable Control and
Minimum Period of Insulin Use
Section 4129(c) of SAFETEA-LU
requires drivers with ITDM to have a
minimum period of insulin use to
demonstrate stable control of diabetes
before operating a CMV in interstate
commerce, consistent with the findings
of the expert medical panel reported in
the TEA–21 Report to Congress. For
individuals who have been newly
diagnosed with Type 1 diabetes, the
minimum period of insulin use may not
exceed 2 months, unless directed by the
treating physician. For individuals who
have Type 2 diabetes and are converting
to insulin use, the minimum period of
insulin use may not exceed 1 month,
unless directed by the treating
physician.
The TEA–21 Report to Congress states
that insulin treatment seems to pose a
dilemma with respect to resolving the
issue of allowing individuals with ITDM
to operate CMVs in interstate commerce.
From a positive standpoint, insulin
therapy clearly improves the health of
individuals who have diabetes mellitus,
which should contribute to the safe
operation of CMVs. Conversely, the use
of insulin can cause the onset of
hypoglycemia. Hypoglycemia, as some
of the literature tends to argue, is seen
as a serious risk factor in crash
causation. If individuals with ITDM are
to be allowed to operate CMVs in
interstate commerce, the risk for
hypoglycemia and procedures for
controlling that risk cannot be ignored.
Any process focused on allowing ITDM
individuals to operate commercial
vehicles must clearly have procedures
for controlling that potential for risk and
its influence on the level of safety (refer
to pages 27–28).
The TEA–21 Report to Congress found
that the primary means for determining
whether a driver of a CMV with ITDM
has stable control or proper disease
management is to consider information
on any recurrent hypoglycemic
reactions experienced by the driver
(refer to page 52). In addition to the
evaluation of hypoglycemic reactions,
the TEA–21 Report to Congress also
found that the extreme values of
glycosylated hemoglobin (HgA1C) may
be evidence of unstable control and
poor disease management. For drivers
who exhibit proper disease
management, HgA1C results can be
combined with the results of blood
glucose monitoring to obtain a better
insight into individual diabetes
management (refer to pages 52–53).
The 2003 Notice recognized the
importance of using the HgA1C
measurements as part of the evidence to

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be submitted to demonstrate stable
control of the driver’s diabetes. In
accordance with the standard clinical
protocol, two measurements taken 90
days apart were required. No particular
level for the measurement was
specified. 68 FR 52443.
The American Diabetes Association
(ADA) recommends the use of <7% as
a normal HgA1C and recognizes that a
more stringent level of <6% may be
used at the discretion of the physician
to reduce microvascular and
neuropathic complications of diabetes.
However, as discussed above, the TEA–
21 Report to Congress suggests that this
lower level may not be in the best
interest of safety when related to a
driver with ITDM operating a CMV, as
it may cause hypoglycemic reactions in
some individuals. Therefore, the Report
to Congress suggests that the normal
range as defined by the ADA is not the
goal and that there is the assumption
that a level exists above this normal
range in which the driver with ITDM
would not be at risk for hypoglycemia
(refer to page 56). Several members of
the expert medical panel involved in the
TEA–21 Report to Congress thought that
the HgA1C was only relevant at extreme
values at the high end of the range at 10
or 11% (refer to page 57). In light of all
these considerations, FMCSA has
determined that the appropriate
measure of HgA1C to demonstrate stable
control of diabetes while using insulin
is in the range of 7% and 10%.
Acceptable blood glucose ranges were
also discussed in the TEA–21 Report to
Congress, indicating that the acceptable
range for blood glucose falls between
100 to 400 mg/dl (refer to page 58). The
panel endorsed a protocol for
monitoring glucose before and during
the operation of a CMV. This protocol,
including those elements relating to
documentation of stable control of
diabetes, such as a minimum period of
insulin use, were incorporated into
screening and monitoring components
and are currently required by the 2003
Notice as part of the Federal diabetes
exemption process (68 FR 52443–45).
The TEA–21 Report to Congress states
that defining a period of insulin use
depended on circumstances
surrounding the history of diabetes that
a driver include in the application
process. It was also noted that drivers
with Type 1 diabetes, with intrastate
driving experience while using insulin,
probably have a well established history
of his/her diabetes and its treatment.
Setting a period for insulin use, then,
would be necessary mainly for drivers
that have Type 2 diabetes or are newly
diagnosed with either type. If the driver
had Type 2 diabetes requiring insulin

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use, the panel thought that a one-month
period would be sufficient to provide
adequate individual disease
management skills. If the driver were a
newly diagnosed patient with Type 1
diabetes, the panel was satisfied with a
two month period. However, if the
treating physician concluded that the
patient needed adjustment in the
insulin dose or had not adequately
learned about diabetes and its
management, the period could be
extended to a third month or longer,
depending on individual circumstances
(refer to page 53). This is the specific
criterion referred to in SAFETEA-LU
section 4129(c).
Based on the TEA–21 Report to
Congress under TEA–21 section 4018,
and to ensure that exemptions from the
diabetes program continue to achieve
the requisite level of safety, FMCSA
therefore continues to define stable
control as specified in the 2003 Notice,
with the exception that, FMCSA will no
longer require the submission of two
HgA1C results 90 days apart from driver
with ITDM. FMCSA will now require
submission with the application of only
one HgA1C result within the range of
≥7% and ≤10% to meet the minimum
period of insulin use requirements, as
modified by section 4129(c). All other
requirements related to hypoglycemic
episodes, blood glucose levels, patient
education, and definition of treating
physician currently specified in the
2003 Notice, 68 FR 52443, will remain
in effect.
Changes in Application Information
Interested applicants with ITDM
seeking an exemption are no longer
required to provide documentation to
support driving experience, and will be
required to submit only one instead of
two HgA1C results as part of the Federal
diabetes application.
Conclusion
FMCSA reviewed the monitoring
protocol specified in the 2003 Notice
and determined it to be adequate under
section 4129 of SAFETEA-LU.
Therefore, monitoring requirements will
remain in effect as specified.
The agency has begun review of all
previously denied applications for
Federal diabetes exemptions. The
agency has notified these individuals by
letter that the 3-year criterion and
driving record criterion were
eliminated, and provided instructions
for updating medical information
previously submitted to the agency.
In addition to initiating the
rulemaking referred to above to revise
the FMCSRs to allow certain insulintreated diabetic drivers to operate CMVs

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in interstate commerce, FMCSA is
currently evaluating the Federal medical
exemption and certificate programs to
identify areas for improvement. The
agency is currently developing new
web-based public education pages, as
well as an on-line application system.
Refer to the new FMCSA medical
program page for additional
information, http://www.fmcsa.dot.gov/
rules-regulations/topics/medical/
medical.htm.
Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3501 et seq.),
Federal agencies must obtain approval
from the Office of Management and
Budget (OMB) for each collection of
information they conduct, sponsor, or
require through regulations.
In the 2003 Notice, FMCSA estimated
that approximately 700 applications for
exemption would be filed annually, and
that it would take an average of 90
minutes to complete an application, for
a total burden of 1,050 hours. The
number of applications actually filed
has been substantially less. However,
with the changes made in the exemption
program by this revised Notice, the
number of applications could increase
substantially, and may approximate, at
least initially, the level estimated in
2003. The amount of information to be
collected for this exemption program
has decreased because applicants with
insulin treated diabetes mellitus would
not have to provide information
regarding their history of operating
commercial motor vehicles while
undergoing such treatment and the
associated three-year driving record.
FMCSA determined there will be no
change in the burden in the currentlyapproved information collection (OMB
Control No. 2126–0006), titled ‘‘Medical
Qualifications Requirements,’’ which
includes the diabetes exemption
program as a result of the action in this
notice. OMB approved the information
collection on December 18, 2003. The
approval will expire on December 31,
2006.
Interested parties are invited to send
comments regarding any aspect of this
information collection requirement,
including, but not limited to: (1)
Whether the collection of information is
necessary for the performance of the
functions of the FMCSA, including
whether the information has practical
utility, (2) the accuracy of the estimated
burden, (3) ways to enhance the quality,
utility, and clarity of the collected
information, and (4) ways to minimize
the collection burden without reducing
the quality of the information collected.

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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 the Department of
Transportation’s (DOT) complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19477) or you may visit http://
dms.dot.gov.
Issued on: November 2, 2005.
Annette M. Sandberg,
Administrator.
[FR Doc. 05–22264 Filed 11–7–05; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Reports, Forms and Record Keeping
Requirements; Agency Information
Collection Activity Under OMB Review
National Highway Traffic
Safety Administration, DOT.
ACTION: Notice.
AGENCY:

SUMMARY: In compliance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501), this notice announces that
the Information Collection Request (ICR)
abstracted below has been forwarded to
the Office of Management and Budget
(OMB) for review and comment. The
ICR describes the nature of the
information collections and their
expected burden. The Federal Register
Notice with a 60-day comment period
was published on May 9, 2005 (70 FR
24462).
DATES: Comments must be submitted on
or before December 8, 2005.
FOR FURTHER INFORMATION CONTACT: Lori
Summers, the National Highway Traffic
Safety Administration, Office of
Rulemaking (NVS–112), (202) 366–4917,
400 Seventh Street, SW., Room 5320,
Washington, DC 20590.
SUPPLEMENTARY INFORMATION:

National Highway Traffic Safety
Administration
Title: Consolidated Vehicle Owner’s
Manual Requirements for Motor
Vehicles and Motor Vehicle Equipment.
OMB Number: 2127–0541.
Type of Request: Extension of a
currently approved collection.
Abstract: In order to ensure that
manufacturers are complying with
FMVSS and regulations, NHTSA

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requires a number of information
collections in FMVSS Nos. 108, 110,
202, 205, 208, 210, and 213, and Part
575 Sections 103 and 105.
FMVSS No. 108, ‘‘Lamps, reflective
devices, and associated equipment.’’
This standard requires that certain
lamps and reflective devices with
certain performance levels be installed
on motor vehicles to assure that the
roadway is properly illuminated, that
vehicles can be readily seen, and the
signals can be transmitted to other
drivers sharing the road, during day,
night and inclement weather. Since the
specific manner in which headlamp aim
is to be performed is not regulated (only
the performance of the device is),
aiming devices manufactured or
installed by different vehicle and
headlamp manufacturers may work in
significantly different ways. As a
consequence, to assure that headlamps
can be correctly aimed, instructions for
proper use must be part of the vehicle
as a label, or optionally, in the vehicle
owner’s manual.
FMVSS No. 110, ‘‘Tire selection and
rims.’’ This standard specifies
requirements for tire selection to
prevent tire overloading. The vehicle’s
normal load and maximum load on the
tire shall not be greater than applicable
specified limits. The standard requires a
permanently affixed vehicle placard
specifying vehicle capacity weight,
designated seating capacity,
manufacturer recommended cold tire
inflation pressure, and manufacturer’s
recommended tire size. The standard
further specifies rim construction
requirements, load limits of
nonpneumatic spare tires, and labeling
requirements for non-pneumatic spare
tires, including a required placard.
Owner’s manual information is required
for ‘‘Use of Spare Tire.’’ FMVSS No. 110
will require additional owner’s manual
information on the revised vehicle
placard and tire information label, on
revised tire labeling, and on tire safety
and load limits and terminology.
FMVSS No. 202, ‘‘Head restraints.’’
This standard specifies requirements for
head restraints. The standard, which
seeks to reduce whiplash injuries in rear
collisions, currently requires head
restraints for front outboard designated
seating positions in passenger cars and
in light multipurpose passenger
vehicles, trucks and buses. In a final
rule published on December 14, 2004
(69 FR 74880), the standard requires
that vehicle manufacturers include
information in owner’s manuals for
vehicles manufactured on or after
September 1, 2008. The owner’s manual
must clearly identify which seats are
equipped with head restraints. If the

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head restraints are removable, the
owner’s manual must provide
instructions on how to remove the head
restraint by a deliberate action distinct
from any act necessary for adjustment,
and how to reinstall head restraints. The
owner’s manual must warn that all head
restraints must be reinstalled to
properly protect vehicle occupants.
Finally, the owner’s manual must
describe, in an easily understandable
format, the adjustment of the head
restraints and/or seat back to achieve
appropriate head restraint position
relative to the occupant’s head.
FMVSS No. 205, ‘‘Glazing materials.’’
This standard specifies requirement for
all glazing material used in windshields,
windows, and interior partitions of
motor vehicles. Its purpose is to reduce
the likelihood of lacerations and to
minimize the possibility of occupants
penetrating the windshield in a crash.
More detailed information regarding the
care and maintenance of such glazing
items, as the glass-plastic windshield, is
required to be placed in the vehicle
owner’s manual.
FMVSS No. 208, ‘‘Occupant crash
protection.’’ This standard specifies
requirements for both active and passive
occupant crash protection systems for
passenger cars, multipurpose passenger
vehicles, trucks and small buses. Certain
safety features, such as air bags, or the
care and maintenance of air bag
systems, are required to be explained to
the owner by means of the owner’s
manual. For example, the owner’s
manual must describe the vehicle’s air
bag system and provide precautionary
information about the proper
positioning of the occupants, including
children. The owner’s manual must also
warn that no objects, such as shotguns
carried in police cars, should be placed
over or near the air bag covers.
FMVSS No. 210, ‘‘Seat belt assembly
anchorages.’’ This standard specifies
requirements for seat belt assembly
anchorages to ensure effective occupant
restraint and to reduce the likelihood of
failure in a crash. The standard requires
that manufacturers place the following
information in the vehicle owner’s
manual:
a. An explanation that child restraints
are designed to be secured by means of
the vehicle’s seat belts, and,
b. A statement alerting vehicle owners
that children are always safer in the rear
seat.
FMVSS No. 213, ‘‘Child restraint
systems.’’ This standard specifies
requirements for child restraint systems
and requires that manufacturers provide
consumers with detailed information
relating to child safety in air bagequipped vehicles. The vehicle owner’s

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