Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 73946-73948 [2014-29152]

Download as PDF 73946 Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Notices which such actions were taken, are described in the combined Record of Decision (ROD) and Final Environmental Impacts Statement SUMMARY: This notice announces actions (FEIS) approved on November 25, 2014, taken by the FHWA and other Federal and in other documents in the FHWA Agencies that are final within the administrative record. The combined meaning of 23 U.S.C. 139(l)(1). The ROD and FEIS was prepared pursuant to actions relate to the Interstate 43 (I–43) the Moving Ahead for Progress in the Freeway Improvement Project in 21st Century Act (MAP–21), Public Law Milwaukee and Ozaukee Counties, 112–141, § 1319, 126 Stat. 405 (2012). Wisconsin. Those actions grant The combined ROD and FEIS, and approvals for the project. other documents in the administrative DATES: By this notice, the FHWA is record are available by contacting advising the public of final agency FHWA at the address provided above. actions subject to 23 U.S.C. 139(l)(1). The combined ROD and FEIS can be Claims seeking judicial review of the downloaded from the project Web site at Federal agency actions on the highway http://www.dot.wisconsin.gov/projects/ project will be barred unless the claim seregion/43/index.htm; or viewed at is filed on or before May 11, 2015. If the offices of local governments and Federal law that authorizes judicial transportation agencies in the project review of a claim provides a time period area; or at the following public libraries: of less than 150 days for filing such Whitefish Bay Public Library (5420 N. claim, then that shorter time period still Marlborough Dr., Whitefish Bay, WI), applies. North Shore Public Library (6800 N. Port Washington Rd., Glendale, WI), FOR FURTHER INFORMATION CONTACT: Frank L. Weyenberg Library (11345 N. George Poirier, Division Administrator, Cedarburg Rd., Mequon, WI), and U.S.S. FHWA, 525 Junction Road, Suite 8000, Liberty Memorial Public Library (1620 Madison, Wisconsin 53717; telephone: 11th Ave., Grafton, WI). (608) 829–7500. The FHWA Wisconsin This notice applies to all Federal Division’s normal office hours are 7 a.m. agency decisions as of the issuance date to 4 p.m. central time. of this notice and all laws under which SUPPLEMENTARY INFORMATION: Notice is such actions were taken, including but hereby given that FHWA and other Federal agencies have taken final agency not limited to: 1. General: National Environmental actions subject to 23 U.S.C. 139(l)(1) by Policy Act (NEPA) [42 U.S.C. 4321– issuing approvals for the following 4351], Federal-Aid Highway Act [23 highway project: I–43 Freeway Improvement Project from Silver Spring U.S.C. 109, 23 U.S.C. 128, and 23 U.S.C. 139]. Drive to Wisconsin 60 (WIS 60) in 2. Air: Clean Air Act [42 U.S.C. 7401– Milwaukee and Ozaukee Counties, Wisconsin. The purpose of the project is 7671(q) and 23 U.S.C. 109(j)]. 3. Land: Section 4(f) of the to address emerging pavement and Department of Transportation Act of structural needs, safety issues, and 1966 [23 U.S.C. 138 and 49 U.S.C. 303]. design deficiencies while identifying 4. Wildlife: Endangered Species Act methods to accommodate existing and [16 U.S.C. 1531–1544 and Section projected future traffic volumes. The project also strives to minimize impacts 1536], Fish and Wildlife Coordination Act [16 U.S.C. 661–667(d)], Migratory to the natural, cultural and built Bird Treaty Act [16 U.S.C. 703–712]. environment to the extent feasible and 5. Historic and Cultural Resources: practicable. The project will widen the existing I–43 four-lane divided highway Section 106 of the National Historic Preservation Act of 1966, as amended to a six-lane divided highway for [16 U.S.C. 470(f) et seq.]. approximately 14 miles from Silver 6. Social and Economic: Civil Rights Spring Drive to WIS 60. The scope of the proposed action includes rebuilding Act of 1964 [42 U.S.C. 2000(d)– 2000(d)(1)], Uniform Relocation the mainline roadway, bridges, and Assistance and Real Property interchanges; replacing the existing partial interchange at County Line Road Acquisition Act of 1970 [42 U.S.C. 4601 et seq. as amended by the Uniform with a full-access interchange; Relocation Act Amendments of 1987 constructing a new interchange at [Pub. L. 100–17]. Highland Road; reconstructing local 7. Wetlands and Water Resources: streets affected by the freeway Clean Water Act (Section 404, Section reconstruction; and enhancing the 401, and Section 319) [33 U.S.C. 1251– aesthetic appearance of the 1376]. reconstructed freeway. 8. Hazardous Materials: The actions by the Federal agencies Comprehensive Environmental on this project, and the laws under Notice of limitation on claims for judicial review of actions by FHWA and other federal agencies. mstockstill on DSK4VPTVN1PROD with NOTICES ACTION: VerDate Sep<11>2014 16:57 Dec 11, 2014 Jkt 235001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 Response, Compensation, and Liability Act [42 U.S.C. 9601–9675]. 9. Executive Orders: E.O. 11990 Protection of Wetlands, E.O. 11988 Floodplain Management, E.O. 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations, E.O. 13175 Consultation and Coordination with Indian Tribal Governments, E.O. 11514 Protection and Enhancement of Environmental Quality, E.O. 13112 Invasive Species. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1), as amended by Moving Ahead for Progress in the 21st Century Act (MAP–21), Public Law 112–141, § 1308, 126 Stat. 405 (2012). Issued on: December 2, 2014. George R. Poirier, Division Administrator, Madison, Wisconsin. [FR Doc. 2014–28922 Filed 12–11–14; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2014–0021] 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 78 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 October 21, 2014. The exemptions expire on October 21, 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: E:\FR\FM\12DEN1.SGM 12DEN1 Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Notices I. 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 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 September 18, 2014, FMCSA published a notice of receipt of Federal diabetes exemption applications from 78 individuals and requested comments from the public (79 FR 56107). The public comment period closed on October 20, 2014, and four comments were received. FMCSA has evaluated the eligibility of the 78 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). mstockstill on DSK4VPTVN1PROD with NOTICES 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 VerDate Sep<11>2014 16:57 Dec 11, 2014 Jkt 235001 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 78 applicants have had ITDM over a range of 1 to 48 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 September 18, 2014, Federal Register notice and they will not be repeated in this notice. IV. Discussion of Comments FMCSA received four comments in this proceeding. The comments are discussed below. Gregory Witt believes that drivers should be granted an exemption if a doctor is satisfied that their diabetes is adequately controlled by medication. Ashley Warren opposes the ruling in FMCSA–2014–0021 because she does not believe drivers are required to receive medical examinations more than every two years. As described in ‘‘Section VI. Conditions and Requirements’’ in this document, all drivers must submit quarterly and annual evaluations from a board-eligible or board-certified endocrinologist each year throughout the duration of the exemption, as well as annual evaluations from an optometrist or ophthalmologist (if the driver has diabetic retinopathy, the evaluation must be completed by an ophthalmologist). In addition, exempted drivers are required to receive an annual DOT physical examination to ensure that they meet all other medical standards not related to ITDM. PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 73947 Daniel Adams submitted two comments addressing Ashley Warren’s comment, explaining the many evaluations drivers are required to submit throughout the duration of their exemption period. 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 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 78 exemption applications, FMCSA E:\FR\FM\12DEN1.SGM 12DEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 73948 Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Notices exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above 949 CFR 391.64(b)): Daniel S. Adams (ME) Michael L. Agnitsch (NE) Shaun M. Aguayo (TX) Earl W. Avery (TN) Douglas W. Baker, Sr. (VA) Michael A. Baker (CT) Douglas E. Barron (SC) Pablo H. Bilbao La Vieja Pozo (RI) Todd D. Bloomfield (WA) Sylvester G. Clements, Jr. (WI) Fred W. Click (IN) Kenneth M. Coco (TX) Christopher R. Cook (NY) Wygila M. Corliss (NM) Timothy J. Cornish (OH) Joshua D. Cresswell (NH) Evan R. Dieken (MN) Greg B. Duck (TX) Arthur J. Dunn (PA) Richard A. Durr (IL) Daniel R. Eloff (OH) Thomas O. Everett (WA) Victor J. Flowers (CA) Brian K. Forrest (PA) David S. Fortune (VA) Michael S. Frederick (NJ) Peter E. Ganss (KS) David E. Gates (MA) Timothy L. Grant (NC) James T. Heck (MN) Rodney J. Hendricks (ID) Marcus T. Herring (CA) Charles R. Hoit (MO) Jason L. Hubbard (MD) Andy L. Hughes (IL) Jammie L. Hughes (OH) Charles J. Hurley (MN) Rodney L. Johnson (OR) Frederick B. Jones (TX) Tito D. Jones (GA) Scott M. Klain (OR) Jeffrey P. Kloeckl (SD) John J. Kress (AZ) Russell A. Krogstad (MN) John B. Lebherz (TX) Alan S. Lewis (NM) William M. Linskey (MA) Jason D. Lowder (OH) Arnold V. Magaoay (HI) Norman C. Mallett (AR) Patrick Marcantuono (NJ) Daniel E. McDonald (MN) William F. McQueen, Jr. (MO) Kenneth M. Miller (ID) William F. Mitchell (CT) Donald L. Mitzel (PA) Gino P. Monterio (WI) Matthew K. Morrison (UT) Gary R. Nelson (MN) Edward L. Norfleet (AL) Kyle R. Perry (PA) Michael L. Plinski (WA) Scott A. Porter (WA) VerDate Sep<11>2014 16:57 Dec 11, 2014 Jkt 235001 James A. Rambo (VA) Rondo L. Rininger (IN) Richard D. Sandison (ND) Calvin R. Smith (IL) Wesley J. Summerville (PA) Jeffrey S. Thomas (PA) Stephen M. Thompson (GA) Randy L. Triplett (OH) John E. Trygstad (SD) Jared M. Wabeke (MI) Steven R. Weir (MA) Donald D. Willard (IA) Gary W. Wozniak (NE) Steven L. Yokom (ID) Daniel R. Zuriff (MN) 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 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: December 5, 2014. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2014–29152 Filed 12–11–14; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2014–0115] Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System In accordance with Part 235 of Title 49 Code of Federal Regulations (CFR) and 49 U.S.C. 20502(a), this document provides the public notice that by a document dated October 22, 2014, Norfolk Southern Corporation (NS) has petitioned the Federal Railroad Administration (FRA) seeking approval for the discontinuance or modification of a signal system. FRA assigned the petition Docket Number FRA–2014– 0115. Applicant: Norfolk Southern Corporation, Mr. Brian L. Sykes, Chief Engineer C&S Engineering, 1200 Peachtree Street NE., Atlanta, GA 30309. NS seeks approval of the proposed discontinuance of a traffic control system (TCS) on the Winding Gulf PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 Branch between Horsepen, Milepost (MP) WG 6.5 and Tams, MP WG 12.1, near Amigo, WV. The reason given for the proposed changes is that the TCS is no longer desirable or needed to handle current train operations. The TCS will be discontinued and replaced with NS Rule 171 for track authority operation. CP Horsepen will be renewed, and fixed approach signals will be installed, in approach to the start of TCS territory. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov and in person at the U.S. Department of Transportation’s (DOT) Docket Operations Facility, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number and may be submitted by any of the following methods: • Web site: http:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Communications received by January 26, 2015 will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to E:\FR\FM\12DEN1.SGM 12DEN1

Agencies

[Federal Register Volume 79, Number 239 (Friday, December 12, 2014)]
[Notices]
[Pages 73946-73948]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29152]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2014-0021]


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 78 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 October 21, 2014. The 
exemptions expire on October 21, 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:

[[Page 73947]]

I. 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 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 September 18, 2014, FMCSA published a notice of receipt of 
Federal diabetes exemption applications from 78 individuals and 
requested comments from the public (79 FR 56107). The public comment 
period closed on October 20, 2014, and four comments were received.
    FMCSA has evaluated the eligibility of the 78 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 78 applicants have had ITDM over a range of 1 to 48 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 September 18, 2014, Federal 
Register notice and they will not be repeated in this notice.

IV. Discussion of Comments

    FMCSA received four comments in this proceeding. The comments are 
discussed below.
    Gregory Witt believes that drivers should be granted an exemption 
if a doctor is satisfied that their diabetes is adequately controlled 
by medication.
    Ashley Warren opposes the ruling in FMCSA-2014-0021 because she 
does not believe drivers are required to receive medical examinations 
more than every two years. As described in ``Section VI. Conditions and 
Requirements'' in this document, all drivers must submit quarterly and 
annual evaluations from a board-eligible or board-certified 
endocrinologist each year throughout the duration of the exemption, as 
well as annual evaluations from an optometrist or ophthalmologist (if 
the driver has diabetic retinopathy, the evaluation must be completed 
by an ophthalmologist). In addition, exempted drivers are required to 
receive an annual DOT physical examination to ensure that they meet all 
other medical standards not related to ITDM.
    Daniel Adams submitted two comments addressing Ashley Warren's 
comment, explaining the many evaluations drivers are required to submit 
throughout the duration of their exemption period.

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 78 exemption applications, FMCSA

[[Page 73948]]

exempts the following drivers from the diabetes requirement in 49 CFR 
391.41(b)(10), subject to the requirements cited above 949 CFR 
391.64(b)):

Daniel S. Adams (ME)
Michael L. Agnitsch (NE)
Shaun M. Aguayo (TX)
Earl W. Avery (TN)
Douglas W. Baker, Sr. (VA)
Michael A. Baker (CT)
Douglas E. Barron (SC)
Pablo H. Bilbao La Vieja Pozo (RI)
Todd D. Bloomfield (WA)
Sylvester G. Clements, Jr. (WI)
Fred W. Click (IN)
Kenneth M. Coco (TX)
Christopher R. Cook (NY)
Wygila M. Corliss (NM)
Timothy J. Cornish (OH)
Joshua D. Cresswell (NH)
Evan R. Dieken (MN)
Greg B. Duck (TX)
Arthur J. Dunn (PA)
Richard A. Durr (IL)
Daniel R. Eloff (OH)
Thomas O. Everett (WA)
Victor J. Flowers (CA)
Brian K. Forrest (PA)
David S. Fortune (VA)
Michael S. Frederick (NJ)
Peter E. Ganss (KS)
David E. Gates (MA)
Timothy L. Grant (NC)
James T. Heck (MN)
Rodney J. Hendricks (ID)
Marcus T. Herring (CA)
Charles R. Hoit (MO)
Jason L. Hubbard (MD)
Andy L. Hughes (IL)
Jammie L. Hughes (OH)
Charles J. Hurley (MN)
Rodney L. Johnson (OR)
Frederick B. Jones (TX)
Tito D. Jones (GA)
Scott M. Klain (OR)
Jeffrey P. Kloeckl (SD)
John J. Kress (AZ)
Russell A. Krogstad (MN)
John B. Lebherz (TX)
Alan S. Lewis (NM)
William M. Linskey (MA)
Jason D. Lowder (OH)
Arnold V. Magaoay (HI)
Norman C. Mallett (AR)
Patrick Marcantuono (NJ)
Daniel E. McDonald (MN)
William F. McQueen, Jr. (MO)
Kenneth M. Miller (ID)
William F. Mitchell (CT)
Donald L. Mitzel (PA)
Gino P. Monterio (WI)
Matthew K. Morrison (UT)
Gary R. Nelson (MN)
Edward L. Norfleet (AL)
Kyle R. Perry (PA)
Michael L. Plinski (WA)
Scott A. Porter (WA)
James A. Rambo (VA)
Rondo L. Rininger (IN)
Richard D. Sandison (ND)
Calvin R. Smith (IL)
Wesley J. Summerville (PA)
Jeffrey S. Thomas (PA)
Stephen M. Thompson (GA)
Randy L. Triplett (OH)
John E. Trygstad (SD)
Jared M. Wabeke (MI)
Steven R. Weir (MA)
Donald D. Willard (IA)
Gary W. Wozniak (NE)
Steven L. Yokom (ID)
Daniel R. Zuriff (MN)

    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 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: December 5, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-29152 Filed 12-11-14; 8:45 am]
BILLING CODE 4910-EX-P