Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 5613-5615 [2015-01927]

Download as PDF 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 VerDate Sep<11>2014 19:24 Jan 30, 2015 Jkt 235001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 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 PO 00000 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) E:\FR\FM\02FEN1.SGM 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: VerDate Sep<11>2014 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
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