Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 56105-56107 [2014-22257]

Download as PDF Federal Register / Vol. 79, No. 181 / Thursday, September 18, 2014 / Notices driver’s qualification file and retains 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 Each exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was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. III. 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. 31136(e) and 31315, each of the 13 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (73 FR 35194; 73 FR 51689; 73 FR 63047; 75 FR 39725; 75 FR 47883; 75 FR 61883; 75 FR 63257; 75 FR 64396; 77 FR 64582). Each of these 13 applicants has requested renewal of the exemption and has submitted evidence showing that the vision in the better eye continues to meet the requirement 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 requirements. 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. asabaliauskas on DSK5VPTVN1PROD with NOTICES IV. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA–2008–0106; FMCSA– 2008–0266; FMCSA–2010–0161; FMCSA–2010–0187), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your VerDate Sep<11>2014 17:27 Sep 17, 2014 Jkt 232001 56105 comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comment online, got to https://www.regulations.gov and put the docket number, ‘‘FMCSA–2008– 0106; FMCSA–2008–0266; FMCSA– 2010–0161; FMCSA–2010–0187’’ in the ‘‘Keyword’’ box, and click ‘‘Search.’’ When the new screen appears, click on ‘‘Comment Now!’’ button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA will consider all comments and material received during the comment period and may change this notice based on your comments. DEPARTMENT OF TRANSPORTATION Viewing Comments and Documents I. Electronic Access Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2014–0018] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA confirms its decision to exempt 88 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals to operate CMVs in interstate commerce. DATES: The exemptions were effective on August 19, 2014. The exemptions expire on August 19, 2016. FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, R.N., Chief, Medical Programs Division, (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: SUMMARY: [FR Doc. 2014–22263 Filed 9–17–14; 8:45 am] 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). BILLING CODE 4910–EX–P II. Background To view comments, as well as any documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov and in the search box insert the docket number, ‘‘FMCSA–2008–0106; FMCSA–2008– 0266; FMCSA–2010–0161; FMCSA– 2010–0187’’ in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ button choose the document listed to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Issued on: September 10, 2014. Larry W. Minor, Associate Administrator for Policy. PO 00000 On July 17, 2014, FMCSA published a notice of receipt of Federal diabetes exemption applications from 88 individuals and requested comments Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 56106 Federal Register / Vol. 79, No. 181 / Thursday, September 18, 2014 / Notices asabaliauskas on DSK5VPTVN1PROD with NOTICES from the public (79 FR 41723). The public comment period closed on August 18, 2014, and three comments were received. FMCSA has evaluated the eligibility of the 88 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). III. Diabetes Mellitus and Driving Experience of the Applicants The Agency established the current requirement 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 88 applicants have had ITDM over a range of 1 to 38 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 requirement at 49 CFR 391.41(b)(10). VerDate Sep<11>2014 17:27 Sep 17, 2014 Jkt 232001 The qualifications and medical condition of each applicant were stated and discussed in detail in the July 17, 2014, Federal Register notice and they will not be repeated in this notice. IV. Discussion of Comments FMCSA received three comments in this proceeding. The comments are discussed below. One anonymous commenter explained that all drivers with type 1 and type 2 diabetes spend much time and effort complying with local and state regulations. Two anonymous commenters are in favor of granting the exemptions to the drivers. V. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the diabetes requirement 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 requirement in 49 CFR 391.41(b)(3) is likely to achieve a level of safety equal to that existing without the exemption. VI. 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 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 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. VII. Conclusion Based upon its evaluation of the 88 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above 49 CFR 391.64(b)): Charles Ackerman Jr. (NJ), William J. Applebee (WI), Matthew D. Barney (IA), Benjamin L. Baxter (MI), Stephen M. Berggren (MN), Robert A. Boyle (ID), Patrick J. Burns (MN), Mathew A. Cardon (AZ), Robert L. Caudill (OH), Vernon R. Cornish (AR), Charles L. Cran (WI), John W. Crook Jr. (IA), Michael A. Dinkel (NJ), William C. Dixon (TX), Donald R. Dunaway (OH), Kevin W. Elder (NC), Michael J. Eldridge, Sr. (IA), Johnathon C. Ely (IN), Kevin D. Erickson (WI), Wayne D. Erickson (MN), Walter C. Evans (CT), Joby E. Foshee, IV (MS), Lawrence H. Fox (NH), Troy C. Frank (NE), Robert T. Frankfruter (CO), Koby L. Garman (PA), Dale A. Godejohn (ND), Robert R. Gonzales (CA), Norman D. Groves (MO), Kenneth F. Gwaltney (IN), Mathew R. Hale (KS), Donald K. Hamilton (FL), John L. Holtzclaw (MO), Christopher H. Horn (NH), Donald L. Howard (TX), Jared E. Hubbard (TX), Roger C. Hulce (UT), Kip J. Kauffman (WI), Christopher J. Kittoe (WI), Joshua L. Kroetch (MN), Wesley S. Langham (IL), Andrew K. Lofton (AL), Salvador Lopez (AZ), Joseph M. Macias (NM), Robert J. Marino (NJ), Kasey L. Martin (TX), David J. McCoy (UT), William E. Medlin (MN), Anthony J. Miller (MN), Charles A. Napoles, Jr. (NJ), Kathryn J. Nelms (KS), Antonio C. Oliveira (PA), Kent E. Oswald (NY), Christopher P. Overton (IL), Ronald E. Patrick (IN), Ronald E. Patterson, Jr. (TN), Stephen J. Pelton (PA), Bryant S. Perry (NC), Kenneth R. Perschon (IL), Joseph R. Polhamus (LA), Brian J. Rajkovich (CA), Joseph E. Resetar (NJ), Donnell T. Rhone (TN), Charles E. Rich (KS), Rodney B. Roberets (MS), Arlan M. Roesler (WI), Mark J. Rone (IL), Ronny J. Sanders (UT), Barry J. Sanderson (MT), Russell E. Shipp (RI), David J. Standley (WA), John J. Steigauf (MN), Berton W. Stroup (PA), Scott W. Stutts (AR), Jason B. Taylor (NC), Ronnie P. Thomas (TN), E:\FR\FM\18SEN1.SGM 18SEN1 Federal Register / Vol. 79, No. 181 / Thursday, September 18, 2014 / Notices William L. Thompson (MN), Juan Villanueva (TX), Robert D. Watts (TX), Cindy L. Wells (NY), Charles W. White (IN), Herman D. Whitehurst (AR), Kermit D. Williams (KY), Michael D. Worl (MT), Tommy W. Wornick (TX), Robert T. Yeftich (IN), Alan C. Yeomans (CT), Chad C. Yerkey (PA) In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is valid for two years unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (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 I 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: September 12, 2014. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2014–22257 Filed 9–17–14; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0021] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA). ACTION: Notice of applications for exemptions request for comments. AGENCY: FMCSA announces receipt of applications from 78 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce. DATES: Comments must be received on or before October 20, 2014. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2014–0021 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the on-line instructions for submitting comments. asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:27 Sep 17, 2014 Jkt 232001 • 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: 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 numbers for this notice. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. 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 Federal Docket Management System (FDMS) published in the Federal Register on January 17, 2008 (73 FR 3316). FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, R.N., Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, 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: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal Motor Carrier Safety Regulations for a 2-year period if it finds PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 56107 ‘‘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 statute also allows the Agency to renew exemptions at the end of the 2-year period. The 78 individuals listed in this notice have recently requested such an exemption from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers of CMVs in interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. II. Qualifications of Applicants Daniel S. Adams Mr. Adams, 34, has had ITDM since 2012. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Adams understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Adams meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Maine. Michael L. Agnitsch Mr. Agnitsch, 66, has had ITDM since 2004. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Agnitsch understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Agnitsch meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Nebraska. Shaun M. Aguayo Mr. Aguayo, 47, has had ITDM since 2005. His endocrinologist examined him in 2014 and certified that he has had no E:\FR\FM\18SEN1.SGM 18SEN1

Agencies

[Federal Register Volume 79, Number 181 (Thursday, September 18, 2014)]
[Notices]
[Pages 56105-56107]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22257]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2014-0018]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA confirms its decision to exempt 88 individuals from its 
rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) 
from operating commercial motor vehicles (CMVs) in interstate commerce. 
The exemptions enable these individuals to operate CMVs in interstate 
commerce.

DATES: The exemptions were effective on August 19, 2014. The exemptions 
expire on August 19, 2016.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, R.N., Chief, Medical 
Programs Division, (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:

I. 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).

II. Background

    On July 17, 2014, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from 88 individuals and requested 
comments

[[Page 56106]]

from the public (79 FR 41723). The public comment period closed on 
August 18, 2014, and three comments were received.
    FMCSA has evaluated the eligibility of the 88 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).

III. Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current requirement 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 88 applicants have had ITDM over a range of 1 to 38 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 requirement at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were 
stated and discussed in detail in the July 17, 2014, Federal Register 
notice and they will not be repeated in this notice.

IV. Discussion of Comments

    FMCSA received three comments in this proceeding. The comments are 
discussed below.
    One anonymous commenter explained that all drivers with type 1 and 
type 2 diabetes spend much time and effort complying with local and 
state regulations.
    Two anonymous commenters are in favor of granting the exemptions to 
the drivers.

V. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the diabetes requirement 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 requirement in 49 CFR 391.41(b)(3) is 
likely to achieve a level of safety equal to that existing without the 
exemption.

VI. 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.

VII. Conclusion

    Based upon its evaluation of the 88 exemption applications, FMCSA 
exempts the following drivers from the diabetes requirement in 49 CFR 
391.41(b)(10), subject to the requirements cited above 49 CFR 
391.64(b)):

Charles Ackerman Jr. (NJ), William J. Applebee (WI), Matthew D. Barney 
(IA), Benjamin L. Baxter (MI), Stephen M. Berggren (MN), Robert A. 
Boyle (ID), Patrick J. Burns (MN), Mathew A. Cardon (AZ), Robert L. 
Caudill (OH), Vernon R. Cornish (AR), Charles L. Cran (WI), John W. 
Crook Jr. (IA), Michael A. Dinkel (NJ), William C. Dixon (TX), Donald 
R. Dunaway (OH), Kevin W. Elder (NC), Michael J. Eldridge, Sr. (IA), 
Johnathon C. Ely (IN), Kevin D. Erickson (WI), Wayne D. Erickson (MN), 
Walter C. Evans (CT), Joby E. Foshee, IV (MS), Lawrence H. Fox (NH), 
Troy C. Frank (NE), Robert T. Frankfruter (CO), Koby L. Garman (PA), 
Dale A. Godejohn (ND), Robert R. Gonzales (CA), Norman D. Groves (MO), 
Kenneth F. Gwaltney (IN), Mathew R. Hale (KS), Donald K. Hamilton (FL), 
John L. Holtzclaw (MO), Christopher H. Horn (NH), Donald L. Howard 
(TX), Jared E. Hubbard (TX), Roger C. Hulce (UT), Kip J. Kauffman (WI), 
Christopher J. Kittoe (WI), Joshua L. Kroetch (MN), Wesley S. Langham 
(IL), Andrew K. Lofton (AL), Salvador Lopez (AZ), Joseph M. Macias 
(NM), Robert J. Marino (NJ), Kasey L. Martin (TX), David J. McCoy (UT), 
William E. Medlin (MN), Anthony J. Miller (MN), Charles A. Napoles, Jr. 
(NJ), Kathryn J. Nelms (KS), Antonio C. Oliveira (PA), Kent E. Oswald 
(NY), Christopher P. Overton (IL), Ronald E. Patrick (IN), Ronald E. 
Patterson, Jr. (TN), Stephen J. Pelton (PA), Bryant S. Perry (NC), 
Kenneth R. Perschon (IL), Joseph R. Polhamus (LA), Brian J. Rajkovich 
(CA), Joseph E. Resetar (NJ), Donnell T. Rhone (TN), Charles E. Rich 
(KS), Rodney B. Roberets (MS), Arlan M. Roesler (WI), Mark J. Rone 
(IL), Ronny J. Sanders (UT), Barry J. Sanderson (MT), Russell E. Shipp 
(RI), David J. Standley (WA), John J. Steigauf (MN), Berton W. Stroup 
(PA), Scott W. Stutts (AR), Jason B. Taylor (NC), Ronnie P. Thomas 
(TN),

[[Page 56107]]

William L. Thompson (MN), Juan Villanueva (TX), Robert D. Watts (TX), 
Cindy L. Wells (NY), Charles W. White (IN), Herman D. Whitehurst (AR), 
Kermit D. Williams (KY), Michael D. Worl (MT), Tommy W. Wornick (TX), 
Robert T. Yeftich (IN), Alan C. Yeomans (CT), Chad C. Yerkey (PA)

    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is 
valid for two years unless revoked earlier by FMCSA. The exemption will 
be revoked if the following occurs: (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 I 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: September 12, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-22257 Filed 9-17-14; 8:45 am]
BILLING CODE 4910-EX-P
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