[Federal Register: May 10, 2010 (Volume 75, Number 89)]
[Notices]
[Page 25897-25898]
[DOCID:fr10my10-94]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62027; File No. SR-ISE-2010-28]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Related to Stopped Orders

May 4, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Exchange Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is
hereby given that on April 28, 2010, International Securities Exchange,
LLC (the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission (the ``SEC'' or the ``Commission'') the proposed
rule change as described in Items I, II, and III below, which Items
have been prepared by the self-regulatory organization. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to implement the trade-through exception for
stopped orders contained in ISE Rule 1901(b)(8). The text of the rule
amendment is as follows (additions are in italics):
Rule 715. Types of Orders
    (a) no change.
    (b) Limit Orders. A limit order is an order to buy or sell a stated
number of options contracts at a specified price or better.
    (1) through (5) no change.
    (6) Stopped Order. A stopped order is a limit order that meets the
requirements of Rule 1901(b)(8). To execute stopped orders, Members
must enter them into the Facilitation Mechanism or Solicited Order
Mechanism pursuant to Rule 716.
    (c) through (l) no change.
Supplementary Material to Rule 715
    .01 no change.
* * * * *

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in sections A, B and C below, of the
most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On August 21, 2009, the Commission approved changes to the
Exchange's rules related to intermarket linkage. These rules provide,
among other things, that transactions not be executed at prices that
are inferior to the national best bid or offer (the ``trade-through
rule''). ISE Rule 1901 (Order Protection) contains several exceptions
to the trade-through rule, including an exception for stopped orders. A
stopped order is defined as an order for which, at the time of receipt
of the order, a member had guaranteed an execution at no worse than a
specified price, where: (i) The stopped order was for the account of a
Customer; (ii) the Customer agreed to the specified price on an order-
by-order basis; and (iii) the price of the Trade-Through was, for a
stopped buy order, lower than the national Best Bid in the options
series at the time of execution, or, for a stopped sell order, higher
than the national Best Offer in the options series at the time of
execution.
    In order for members to execute trades that qualify for the trade-
through exception for stopped order,\3\ they must indicate on the order
that the order was stopped and enter the order into the Facilitation
Mechanism or Solicited Order Mechanism pursuant to Rule 716. While
stopped orders will continue to be executed at prices that are at or
between the ISE BBO, such orders may receive executions that trade
through prices available on other exchanges as permitted by ISE Rule
1901(b)(8).
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    \3\ The Exchange will surveil for compliance with the terms of
the exception. Members must be able to demonstrate compliance with
all of the terms of the stopped-order exception. In this respect,
the Exchange requests that members indicate the time that the order
was stopped on the order ticket.
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2. Statutory Basis
    The basis under the Exchange Act for this proposed rule change is
the requirement under Section 6(b)(5) that an exchange have rules that
are designed to promote just and equitable principles of trade, and to
remove impediments to and perfect the mechanism for a free and open
market and a national market system, and in general, to protect
investors and the public interest. In particular, the proposal will
provide a means by which members execute orders on the ISE that qualify
for the previously approved exception to the trade-through rule.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Exchange Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to Section 19(b)(3)(A) of the Act \4\ and Rule 19b-4(f)(6)
thereunder.\5\
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    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and text of the proposed rule change, or such
shorted time as designated by the Commission. The Exchange provided
a copy of this rule filing to the Commission at least five business
days prior to the date of this filing.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2010-28 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-ISE-2010-28. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549 on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the ISE. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2010-28 and should be
submitted on or before June 1, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-10963 Filed 5-7-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Rules and Regulations]
[Pages 74700-74711]
[FR Doc No: 2016-25976]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 391

[Docket No. FMCSA-2012-0178]

Physical Qualifications and Examinations: Medical Examination
Report and Medical Examiner's Certificate Forms

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of decision on use of Medical Examination Report and
Medical Examiner's Certificate Forms.

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SUMMARY: FMCSA announces its decision to allow certified Medical
Examiners (MEs) to use the Medical Examination Report (MER) Form, MCSA-
5875, and Medical Examiner's Certificate (MEC), Form MCSA-5876, with
October, November, and December, 2015 revision dates that are located
in the top left corner of the forms until existing stocks are depleted.
For MEs in an office where these forms have been programmed into an
electronic system that will require IT programming, the current
approved versions of the forms should be programmed as soon as
practicable. FMCSA published sample versions of the forms in October
and November 2015 prior to posting fillable Portable Document Format
(PDF) versions in December 2015. Based on the fact that the October and
November 2015 forms contain minor differences yet collect the same
information as the fillable PDF version, FMCSA determined the October
and November versions are acceptable. In addition, MEs are also allowed
to continue to use the versions of the MER Form, MCSA-5875, that
include the Privacy Act Statement on page one until stocks are
depleted. For MEs in an office where these forms have been programmed
into an electronic system that will require IT programming, the current
approved versions of the forms should be programmed as soon as
practicable. The versions of the forms currently posted by FMCSA
include nonsubstantive changes that were approved by the Office of
Management and Budget (OMB) on April 7, 2016 and September 6, 2016, and
no longer include the Privacy Act Statement or a revision date in the
top left corner. State Driver's Licensing Agencies (SDLAs) should not
accept versions of the MEC that have not been approved by OMB, and do
not display both the FMCSA form number (MCSA-5876) and the OMB
expiration date of August 31, 2018.

DATES: This decision is in effect on October 27, 2016.

ADDRESSES: You may search background documents or comments to the
docket for this rule, identified by docket number FMCSA-2012-0178, by
visiting the:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for reviewing documents and comments.
Regulations.gov is available electronically 24 hours each day, 365 days
a year; or
     DOT Docket Management Facility (M-30): U.S. Department of
Transportation (DOT), 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room 12-140, Washington, DC 20590-0001.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, Office of Policy, Federal Motor Carrier
Safety Administration, 1200 New Jersey Avenue SE., Washington, DC
20590; telephone<PHONE_NUMBER><EMAIL_ADDRESS>If you have
questions about viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    On April 23, 2015, FMCSA published a final rule adopting
regulations to facilitate the electronic transmission of MEC
information from FMCSA's National Registry system to SDLAs for holders
of Commercial Driver's Licenses (CDL) and Commercial Learner's Permits
(CLP). The final rule also requires the use of the prescribed MER Form,
MCSA-5875, in place of the MER and the prescribed MEC, Form MCSA-5876,
in place of the MEC. Medical Examiner's Certification Integration (80
FR 22790, April 23, 2015). On August 5, 2015, FMCSA received approval
from OMB, for use of the MER Form, MCSA-5875, and MEC, Form MCSA-5876,
in a fillable Adobe AcrobatTM format.
    FMCSA published sample versions of the MER Form, MCSA-5875, and
MEC, Form MCSA-5876, with October and November, 2015 revision dates on
the National Registry Web site with the intent and purpose of educating
MEs regarding the use of new categories on the forms and assisting MEs
in programming electronic medical records prior to the Agency's posting
of the fillable Adobe AcrobatTM versions. At that time, at
least one company that produces regulatory compliance publications and
forms began printing and selling the MER Form, MCSA-5875, and MEC, Form
MCSA-5876, with October and November, 2015 revision dates. On December
14, 2015, FMCSA posted the fillable Adobe AcrobatTM versions
of the MER Form, MCSA-5875, and MEC, Form MCSA-5876, with December 2015
revision dates on the FMCSA and National Registry Web sites. Based on
the fact that the October and November, 2015 forms contain minor
differences yet collect the same information as the fillable Adobe
AcrobatTM versions posted by FMCSA on December 14, 2015,
FMCSA made the decision to allow MEs to use any previously purchased
existing stock of the MER Form, MCSA-5875, and MEC, Form MCSA-5876,
with October or November, 2015 revision dates until stocks are
depleted. For MEs in an office where these forms have been

programmed into an electronic system that will require IT programming,
the current approved versions of the forms should be programmed as soon
as practicable.
    On December 21, 2015, FMCSA published guidance providing a 120-day
grace period during which MEs were allowed to use either the old MER
and MEC or the newly prescribed MER Form, MCSA-5875, and MEC, Form
MCSA-5876, until April 20, 2016 (80 FR 79273).
    Subsequently, after receiving OMB approval for nonsubstantive
changes to the forms, FMCSA posted the current versions of the MER
Form, MCSA-5875, and MEC, Form MCSA-5876, on the FMCSA and National
Registry Web sites on April 13, 2016. The current versions include
several OMB approved nonsubstantive and functional changes but no
longer include a revision date in the top left corner. The specific OMB
approved non-substantive and functional changes can be found on the
Office of Information and Regulatory Affairs Web site by selecting the
following link, http://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201604-2126-006, and then selecting the link
for ``Justification of Nonmaterial/Non-substantive Change.''
    On June 7, 2016, the Department of Transportation's Chief Privacy
Officer and Office of General Counsel reviewed the requirements of the
rulemaking and determined that the collection of information maintained
and held by MEs does not constitute information protected by the
Privacy Act. Therefore, FMCSA submitted to OMB for approval a request
for additional nonsubstantive changes including removal of the Privacy
Act statement on page one of the MER Form, MCSA-5875, and the addition
of disclaimer language regarding the protection of sensitive
information that was approved on September 6, 2016. FMCSA has posted
the current versions of the MER Form, MCSA-5875 and MEC, Form MCSA-5876
on the FMCSA and National Registry Web sites. The additional OMB-
approved non-substantive changes can be found on the Office of
Information and Regulatory Affairs Web site by selecting the following
link http://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201604-2126-006, and then selecting the link for ``Justification of
Nonmaterial/Non-substantive Change.''

II. Acceptable Versions of Forms

    All changes to the MER and MEC forms since the August 5, 2015, date
on which OMB provided approval for use of the forms were nonsubstantive
in nature. Therefore, MEs are allowed to use MER Form, MCSA-5875, and
MEC, Form MCSA-5876, with October, November, and December, 2015
revision dates until existing stocks are depleted. This includes forms
produced by the private sector with October or November, 2015 revision
dates that FMCSA never intended to be published for use by the public
and fillable forms posted on the FMCSA and National Registry Web sites
on December 14, 2015, as well as the MER Form, MCSA-5875, that includes
the Privacy Act Statement on page one. For MEs in an office where these
forms have been programmed into an electronic system that will require
IT programming, the current approved versions of the forms should be
programmed as soon as practicable. MEs are also encouraged to use the
current versions of the forms that no longer include the Privacy Act
Statement or a revision date in the top left corner, and can be found
on the FMCSA and National Registry Web sites.
    Under the provisions of 49 CFR 383.71(h), until June 22, 2018,
commercial motor vehicle (CMV) drivers operating vehicles that require
a CDL or CLP are required to provide SDLAs with an original or a copy
of the MEC, Form MCSA-5876, for entry of the medical certification
status on the driver record. FMCSA has learned that some SDLAs are
refusing to accept from CMV drivers the MEC, Form MCSA-5876, with an
October or November, 2015 revision date. In view of the clarification
in this document of the status of the MEC, Form MCSA-5876, with various
revision dates, FMCSA is directing SDLAs to accept the MEC, Form MCSA-
5876, with October, November, and December, 2015 revision dates until
existing stocks are depleted. SDLAs should also be accepting the
versions that were posted on April 13, 2016, on the FMCSA and National
Registry Web sites that no longer include a revision date in the top
left corner and the current version of the MER Form, MCSA-5875, that is
posted on the FMCSA and National Registry Web sites that no longer
includes the Privacy Act Statement on page one. On the other hand,
SDLAs should not accept versions of the MEC that have not been approved
by OMB and do not display both the FMCSA form number (MCSA-5876) and
the OMB expiration date of August 31, 2018. The final versions of the
forms published on the FMCSA and National Registry Web sites are shown
below for your reference.
 BILLING CODE 4910-EX-P

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    Issued on: October 20, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-25976 Filed 10-26-16; 8:45 am]
 BILLING CODE 4910-EX-c


 MEMORANDUM

DATE:07/25/2014 FROM: 		Laura Farris/EPA Region 8 TO:CLEAN Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602 SUBJECT:	Colorado Energy Expo held on 06/27/2014

SUMMARY:         Laura Farris, EPA Region 8 Climate Change Coordinator, and Cindy Beeler, EPA Region 8 Energy Advisor, hosted a booth and held discussions on the proposed Clean Power Plan for Existing Power Plants with various members of the public on 06/27/2014. The Clean Power Plan for Existing Power Plants was proposed on June 2, 2014.

ATTENDEES:

EPA Region 8 Laura Farris Cindy Beeler

External Stakeholders Members of the Public

ATTACHMENTS Clean Power Plan Factsheets


[Federal Register: October 19, 2009 (Volume 74, Number 200)]
[Notices]
[Page 53583-53585]
[DOCID:fr19oc09-117]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2009-0207]

Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt twenty-four individuals
from its rule prohibiting persons with insulin-treated diabetes
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in
interstate commerce. The exemptions will enable these individuals to
operate CMVs in interstate commerce.

DATES: The exemptions are effective October 19, 2009. The exemptions
expire on October 19, 2011.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>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: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, or other
entity). You may review DOT's complete Privacy Act Statement in the
Federal Register (65 FR 19477, Apr. 11, 2000). This statement is also
available at http://Docketinfo.dot.gov.

Background

    On August 17, 2009, FMCSA published a notice of receipt of Federal
diabetes exemption applications from

twenty-four individuals, and requested comments from the public (74 FR
41486). The public comment period closed on September 16, 2009 and one
comment was received.
    FMCSA has evaluated the eligibility of the twenty-four applicants
and determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to, or greater than, the level
that would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current standard for diabetes in 1970
because several risk studies indicated that diabetic drivers had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The 2003 notice in conjunction with the
November 8, 2005 (70 FR 67777) Federal Register notice provides the
current protocol for allowing such drivers to operate CMVs in
interstate commerce.
    These twenty-four applicants have had ITDM over a range of 1 to 27
years. These applicants report no hypoglycemic reaction that resulted
in loss of consciousness or seizure, that required the assistance of
another person, or resulted in impaired cognitive function without
warning symptoms in the past 5 years (with one year of stability
following any such episode). In each case, an endocrinologist has
verified that the driver has demonstrated willingness to properly
monitor and manage their diabetes, received education related to
diabetes management, and is on a stable insulin regimen. These drivers
report no other disqualifying conditions, including diabetes-related
complications. Each meets the vision standard at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the August 17, 2009, Federal Register
notice (74 FR 41486). Therefore, they will not be repeated in this
notice.

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. The exemption allows the applicants
to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologist's medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that exempting these applicants from the
diabetes standard in 49 CFR 391.41(b)(3) is likely to achieve a level
of safety equal to that existing without the exemption.

Conditions and Requirements

    The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 business days of occurrence, all episodes
of severe hypoglycemia, significant complications, or inability to
manage diabetes; also, any involvement in an accident or any other
adverse event in a CMV or personal vehicle, whether or not they are
related to an episode of hypoglycemia; (3) that each individual provide
a copy of the ophthalmologist's or optometrist's report to the medical
examiner at the time of the annual medical examination; and (4) that
each individual provide a copy of the annual medical certification to
the employer for retention in the driver's qualification file, or keep
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.

Discussion of Comments

    FMCSA received one comment in this proceeding. The comment was
received from Mr. Kenneth Youngblood. He stated that drivers with ITDM
are not second class citizens and that there are no studies that
conclude that they are more at-risk drivers. Mr. Youngblood also stated
that it is wrong and discriminatory for drivers with ITDM to be singled
out.
    In response to this comment, FMCSA's exemption process supports
drivers with ITDM who seek to operate in interstate commerce. In
addition, the Federal Motor Carrier Safety Regulations (FMCSRs) are not
contrary to the Americans with Disabilities Act (ADA) of 1990. The
mandates of the ADA do not require that FMCSA alter the driver
qualification requirements contained in 49 CFR Part 391. The Senate
report on the ADA, submitted by its Committee on Labor and Human
Resources, included the following explanation:

    With respect to covered entities subject to rules promulgated by
the Department of Transportation regarding physical qualifications
for drivers of certain classifications of motor vehicles, it is the
Committee's intent that a person with a disability applying for or
currently holding a job subject to these standards must be able to
satisfy these physical qualification standards in order to be
considered a qualified individual with a disability under Title I of
this legislation. S. Rep. 101-116, at 27 (1989).

    FMSCA relies on the expert medical opinion of the endocrinologist
and the medical examiner, who are required to analyze individual
ability to control and manage the diabetic condition, including the
individual ability and willingness of the driver to monitor blood
glucose level on an ongoing basis. Until the Agency issues a Final
Rule, however, insulin-treated diabetic drivers must continue to apply
for exemptions from FMCSA, and request renewals of such exemptions.
FMCSA will grant exemptions only to those applicants who meet the
specific conditions and comply with all the requirements of the
exemption.

Conclusion

    After considering the comments to the docket, and based upon its
evaluation of the twenty-four exemption applications, FMCSA exempts,
Tawnya E. Benner, Lowell R. Brown, Gerald R. Claypool, Robert J.
Dupuis, Glenn R. Edwards, John H. Forchette, Jr., Robert A. Gibson,
Blaine H. Holmes, Gerald E. Huelle, Edward L. Johnson, Mary V. Johnson,
Roger L. Kaufman, Kenneth A. Leeker, Paul L. Meier, Clifford L. Rayl,
Robert J. Schafer, Steven J. Shaw, Scott L. Stamstad, Kendell R.
Strassman, Allan A. Vanderhamm, Maurice L. Wedel, Michael R. Wellman,
Thomas C. Wilson, and Wayne W. Zander 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: October 6, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-25101 Filed 10-16-09; 8:45 am]

BILLING CODE 4910-EX-P