Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 5613-5615 [2015-01927]
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Federal Register / Vol. 80, No. 21 / Monday, February 2, 2015 / Notices
WIS 59/County X intersection, the
improvements will be located on new
Federal Highway Administration
alignment. To the extent practicable, the
proposed County TT improvements
Notice of Final Federal Agency Actions avoid and minimize impacts to the
on Proposed Highway Project in
natural, cultural, and built environment.
Wisconsin
The actions by the Federal agencies
on this project, and the laws under
AGENCY: Federal Highway
which such actions were taken, are
Administration (FHWA).
described in the Record of Decision
ACTION: Notice of Limitation on Claims
for Judicial Review of Actions by FHWA (ROD), the Final Environmental Impacts
Statement (FEIS), and in other
and other Federal Agencies.
documents in the FHWA administrative
SUMMARY: This notice announces actions record. The FEIS was approved by
taken by the FHWA and other Federal
FHWA on September 11, 2014 and the
Agencies that are final within the
ROD was approved by FHWA on
meaning of 23 U.S.C. 139(l)(1). The
January 20, 2015.
The ROD, FEIS, and other documents
actions relate to the West Waukesha
in the administrative record are
Bypass Project in Waukesha County,
available by contacting FHWA at the
Wisconsin. Those actions grant
address provided above. The ROD and
approvals for the project.
FEIS can be downloaded from the
DATES: By this notice, the FHWA is
project Web site at https://
advising the public of final agency
www.waukeshabypass.org/default.shtm,
actions subject to 23 U.S.C. 139(l)(1).
or viewed at the FHWA Wisconsin
Claims seeking judicial review of the
Division Office or the Waukesha County
Federal agency actions on the highway
Department of Public Works, 515 West
project will be barred unless the claim
Moreland Blvd., Room 220, Waukesha,
is filed on or before July 2, 2015. If the
WI 53188.
Federal law that authorizes judicial
This notice applies to all Federal
review of a claim provides a time period
agency decisions as of the issuance date
of less than 150 days for filing such
claim, then that shorter time period still of this notice and all laws under which
such actions were taken, including but
applies.
not limited to:
FOR FURTHER INFORMATION CONTACT:
1. General: National Environmental
George Poirier, Division Administrator,
Policy Act (NEPA) [42 U.S.C. 4321–
FHWA, 525 Junction Road, Suite 8000,
4351], Federal-Aid Highway Act [23
Madison, Wisconsin 53717; telephone:
U.S.C. 109, 23 U.S.C. 128, and 23 U.S.C.
(608) 829–7500. The FHWA Wisconsin
Division’s normal office hours are 7 a.m. 139].
2. Air: Clean Air Act [42 U.S.C. 7401–
to 4 p.m. central time.
7671(q) and 23 U.S.C. 109(j)].
SUPPLEMENTARY INFORMATION: Notice is
3. Land: Section 4(f) of the
hereby given that FHWA and other
Department of Transportation Act of
Federal agencies have taken final agency 1966 [23 U.S.C. 138 and 49 U.S.C. 303].
actions subject to 23 U.S.C. 139(l)(1) by
4. Wildlife: Endangered Species Act
issuing approvals for the following
[16 U.S.C. 1531–1544 and Section
highway project: West Waukesha
1536], Fish and Wildlife Coordination
Bypass (County TT) from Interstate 94
Act [16 U.S.C. 661–667(d)], Migratory
(I–94) to Wisconsin 59 (WIS 59) in
Bird Treaty Act [16 U.S.C. 703–712].
Waukesha County, Wisconsin. The
5. Historic and Cultural Resources:
purpose of the project is to provide a
Section 106 of the National Historic
safe and efficient north-south arterial
Preservation Act of 1966, as amended
roadway on the west side of the City of
[16 U.S.C. 470(f) et seq.].
Waukesha to complete the long-planned
6. Social and Economic: Civil Rights
circumferential route around Waukesha; Act of 1964 [42 U.S.C. 2000(d)–
to accommodate growing traffic volumes 2000(d)(1)], Uniform Relocation
along the corridor; and to improve
Assistance and Real Property
roadway deficiencies that include tight
Acquisition Act of 1970 [42 U.S.C. 4601
curves, steep hills, narrow lanes, and
et seq. as amended by the Uniform
lack of shoulders. The project includes
Relocation Act Amendments of 1987
reconstructing County TT, known
[Pub. L. 100–17].
locally as Meadowbrook Road north of
7. Wetlands and Water Resources:
US 18 and Merrill Hills Road south of
Clean Water Act (Section 404, Section
US 18, from a 2-lane undivided roadway 401, and Section 319) [33 U.S.C. 1251–
to a 4-lane divided roadway over a
1376].
8. Hazardous Materials:
distance of approximately 5 miles. The
Comprehensive Environmental
improvements will generally follow
Response, Compensation, and Liability
County TT between I-94 and Madison
Act [42 U.S.C. 9601–9675].
Street. Between Madison Street and the
mstockstill on DSK4VPTVN1PROD with NOTICES
DEPARTMENT OF TRANSPORTATION
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5613
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.)
Issued on: January 20, 2015.
George R. Poirier,
Division Administrator, Madison, Wisconsin.
[FR Doc. 2015–01834 Filed 1–30–15; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2014–0309]
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 63 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 December 29, 2014. The exemptions
expire on December 29, 2016.
FOR FURTHER INFORMATION CONTACT:
Charles A. Horan, III, Director, Office of
Carrier, Driver, and Vehicle Safety, (202)
366–2362, 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:
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
E:\FR\FM\02FEN1.SGM
02FEN1
5614
Federal Register / Vol. 80, No. 21 / Monday, February 2, 2015 / Notices
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: 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.
II. Background
On November 28, 2014, FMCSA
published a notice of receipt of Federal
diabetes exemption applications from
63 individuals and requested comments
from the public (79 FR 70920). The
public comment period closed on
December 28, 2014, and no comments
were received.
FMCSA has evaluated the eligibility
of the 63 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
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
VerDate Sep<11>2014
19:24 Jan 30, 2015
Jkt 235001
drivers to operate CMVs in interstate
commerce.
These 63 applicants have had ITDM
over a range of one to 46 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 November
28, 2014, Federal Register notice and
they will not be repeated in this notice.
IV. Discussion of Comments
FMCSA received no comments in this
proceeding.
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
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Frm 00113
Fmt 4703
Sfmt 4703
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 63
exemption applications, FMCSA
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)):
Andrew P. Bivens (TN)
Everett D. Blevins (KY)
Kevin K. Brown (MN)
Kirk J. Brummeler (GA)
Travis M. Bryan (MA)
Robert A. Chess (PA)
John W. Condy (NY)
Kevin V. Cook (MO)
Guido Criscuolo, Jr. (CT)
Zachary L. Diehl (IL)
Andrea I. Dirksen (IA)
David D. Dowdy (IL)
Clarice L. Dunklin (LA)
Bradley A. Eastman (MN)
Troy A. Epps (MA)
Ricky L. Exler (FL)
Paul B. Fuerstenberg (WI)
Nathan M. Gallant (TX)
Edward A. Gawrys, III (PA)
Louis A. Goodenough (IN)
Tyler L. Gravatt (ID)
Randy W. Haley (MA)
Mahindra Hardeo (OH)
Eric B. Hemmings (TX)
Gary W. Honaker (VA)
David G. Horne (VA)
Glenn A. Keifer (SD)
Rex L. Kreutzer (NE)
Patrick D. Letterman (MO)
Larry D. Lloyd (OR)
Dennis D. Markowski (WA)
William F. Melchert-Dinkel (MN)
Brit K. Miller (SD)
Charles B. Petersen (ID)
Basil R. Peterson, Jr. (ME)
Travis J. Phillips (TX)
Anthony J. Politan (IN)
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02FEN1
Federal Register / Vol. 80, No. 21 / Monday, February 2, 2015 / Notices
Emil T. Ricci (PA)
Robert D. Risk (IN)
Joseph M. Ritenour (PA)
Arturo Robles (WY)
Robert F. Rothbauer (WI)
Michael A. Runyan, Jr. (NC)
Tyler A. Russell (MA)
John D. Sheets (NH)
Kyle L. Shuman (NY)
Thomas S. Skoczylas (OH)
Jerry W. Smay (CA)
Gregory A. Smith (GA)
Harold B. Snyder (PA)
William S. Spaeth (WI)
Curtis W. Stanley (NE)
Eloy G. Tijerina (TX)
Santos R. Torres (TX)
Leroy A. Traudt (NE)
Arthur R. Vance (VA)
Gerald S. Volpone, Jr. (MA)
Galen R. Watts (TX)
William R. Welch, Jr. (VA)
John E. Wildenmann (KY)
Mark A. Wolford (PA)
Edward D. Wright (IN)
John P. Wysong (IN)
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: January 23, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–01927 Filed 1–30–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1998–3637; FMCSA–
2000–8203; FMCSA–2002–12844]
mstockstill on DSK4VPTVN1PROD with NOTICES
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
FMCSA announces its
decision to renew the exemptions from
the vision requirement in the Federal
Motor Carrier Safety Regulations for 2
SUMMARY:
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19:24 Jan 30, 2015
Jkt 235001
individuals. FMCSA has statutory
authority to exempt individuals from
the vision requirement if the
exemptions granted will not
compromise safety. The Agency has
concluded that granting these
exemption renewals will provide a level
of safety that is equivalent to or greater
than the level of safety maintained
without the exemptions for these
commercial motor vehicle (CMV)
drivers.
This decision is effective
February 7, 2015. Comments must be
received on or before March 4, 2015.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
[Docket No. FMCSA–1998–3637;
FMCSA–2000–8203; FMCSA–2002–
12844], using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• 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 or Courier: 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 number for this notice. Note that
DOT posts all comments received
without change to https://
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
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: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
DATES:
PO 00000
Frm 00114
Fmt 4703
Sfmt 4703
5615
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:
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 renew an exemption from
the vision requirements in 49 CFR
391.41(b)(10), which applies to drivers
of CMVs in interstate commerce, for a
two-year period if it finds ‘‘such
exemption would likely achieve a level
of safety that is equivalent to or greater
than the level that would be achieved
absent such exemption.’’ The
procedures for requesting an exemption
(including renewals) are set out in 49
CFR part 381.
II. Exemption Decision
This notice addresses 2 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
2 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Thomas J. Boss (IL)
Robert J. Johnson (MN)
The exemptions are extended subject
to the following conditions: (1) That
each individual has a physical
examination every year (a) by an
ophthalmologist or optometrist who
attests that the vision in the better eye
continues to meet the requirements in
49 CFR 391.41(b)(10), and (b) by a
medical examiner who attests that the
individual is otherwise physically
qualified under 49 CFR 391.41; (2) that
each individual provides a copy of the
ophthalmologist’s or optometrist’s
report to the medical examiner at the
time of the annual medical examination;
and (3) that each individual provide a
copy of the annual medical certification
to the employer for retention in the
driver’s qualification file and 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
E:\FR\FM\02FEN1.SGM
02FEN1
Agencies
[Federal Register Volume 80, Number 21 (Monday, February 2, 2015)]
[Notices]
[Pages 5613-5615]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01927]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2014-0309]
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 63 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 December 29, 2014. The
exemptions expire on December 29, 2016.
FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Office of Carrier, Driver, and Vehicle Safety, (202) 366-2362,
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
[[Page 5614]]
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: 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.
II. Background
On November 28, 2014, FMCSA published a notice of receipt of
Federal diabetes exemption applications from 63 individuals and
requested comments from the public (79 FR 70920). The public comment
period closed on December 28, 2014, and no comments were received.
FMCSA has evaluated the eligibility of the 63 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 63 applicants have had ITDM over a range of one to 46 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 November 28, 2014, Federal
Register notice and they will not be repeated in this notice.
IV. Discussion of Comments
FMCSA received no comments in this proceeding.
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 63 exemption applications, FMCSA
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)):
Andrew P. Bivens (TN)
Everett D. Blevins (KY)
Kevin K. Brown (MN)
Kirk J. Brummeler (GA)
Travis M. Bryan (MA)
Robert A. Chess (PA)
John W. Condy (NY)
Kevin V. Cook (MO)
Guido Criscuolo, Jr. (CT)
Zachary L. Diehl (IL)
Andrea I. Dirksen (IA)
David D. Dowdy (IL)
Clarice L. Dunklin (LA)
Bradley A. Eastman (MN)
Troy A. Epps (MA)
Ricky L. Exler (FL)
Paul B. Fuerstenberg (WI)
Nathan M. Gallant (TX)
Edward A. Gawrys, III (PA)
Louis A. Goodenough (IN)
Tyler L. Gravatt (ID)
Randy W. Haley (MA)
Mahindra Hardeo (OH)
Eric B. Hemmings (TX)
Gary W. Honaker (VA)
David G. Horne (VA)
Glenn A. Keifer (SD)
Rex L. Kreutzer (NE)
Patrick D. Letterman (MO)
Larry D. Lloyd (OR)
Dennis D. Markowski (WA)
William F. Melchert-Dinkel (MN)
Brit K. Miller (SD)
Charles B. Petersen (ID)
Basil R. Peterson, Jr. (ME)
Travis J. Phillips (TX)
Anthony J. Politan (IN)
[[Page 5615]]
Emil T. Ricci (PA)
Robert D. Risk (IN)
Joseph M. Ritenour (PA)
Arturo Robles (WY)
Robert F. Rothbauer (WI)
Michael A. Runyan, Jr. (NC)
Tyler A. Russell (MA)
John D. Sheets (NH)
Kyle L. Shuman (NY)
Thomas S. Skoczylas (OH)
Jerry W. Smay (CA)
Gregory A. Smith (GA)
Harold B. Snyder (PA)
William S. Spaeth (WI)
Curtis W. Stanley (NE)
Eloy G. Tijerina (TX)
Santos R. Torres (TX)
Leroy A. Traudt (NE)
Arthur R. Vance (VA)
Gerald S. Volpone, Jr. (MA)
Galen R. Watts (TX)
William R. Welch, Jr. (VA)
John E. Wildenmann (KY)
Mark A. Wolford (PA)
Edward D. Wright (IN)
John P. Wysong (IN)
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: January 23, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-01927 Filed 1-30-15; 8:45 am]
BILLING CODE 4910-EX-P