Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 19732-19734 [2015-08413]

Download as PDF 19732 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Notices dosage and frequency remaining the same since 2004. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Green receiving an exemption. Susie B. Harvey Ms. Harvey is a 64 year-old class B CDL holder in Virginia. She has a history of epilepsy and has remained seizure free since 1985. She takes antiseizure medication with the dosage and frequency remaining the same since that time. If granted the exemption, she would like to drive a CMV. Her physician states that he is supportive of Ms. Harvey receiving an exemption. Timothy G. Huntley Mr. Huntley is a 40 year-old class B CDL holder in Maine. He has a history of a seizure disorder and has remained seizure free since 2000. He takes antiseizure medication with the dosage and frequency remaining the same since that time. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Huntley receiving an exemption. Robert Isaac Keen, Jr. Mr. Keen is a 66 year-old driver in Virginia. He has a history of a seizure disorder and has remained seizure free since 2012. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Keen receiving an exemption. Chance Joseph O’Mary Mr. O’Mary is a 29 year-old class A CDL holder in Alaska. He has a history of a seizure disorder and has remained seizure free since 2005. He takes antiseizure medication with the dosage and frequency remaining the same since that time. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. O’Mary receiving an exemption. mstockstill on DSK4VPTVN1PROD with NOTICES Larry Todd Lintelman Mr. Lintelman is a 48 year-old class A CDL holder in Alaska. He has a history of seizures and has remained seizure free since 2012. He takes antiseizure medication with the dosage and frequency remaining the same since that time. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Lintelman receiving an exemption. VerDate Sep<11>2014 18:02 Apr 10, 2015 Jkt 235001 Robert D. Richter, Sr. Mr. Richter is a 58 year-old driver in Pennsylvania. He has a history of a seizure disorder and has remained seizure free since 1976. He takes antiseizure medication with the dosage and frequency remaining the same since that time. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Richter receiving an exemption. Robert R. Rosebrough, Jr. Mr. Rosebrough is a 45 year-old class A CDL holder in Ohio. He has a history of epilepsy and has remained seizure free since May 2014. He takes antiseizure medication with the dosage and frequency remaining the same since November 2014. If granted the exemption, he would like to drive a CMV. His physician states that since it has only been nine months since his last event of loss of consciousness, Mr. Rosebrough may drive his personal vehicle until he has been seizure free for 8 years. Michael Scott Shumake Mr. Shumake is a 37 year-old driver in Virginia. He has a history of a seizure disorder and has remained seizure free since 2000. He takes anti-seizure medication with the dosage and frequency remaining the same since 2001. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Shumake receiving an exemption. Charles Ray Taylor Mr. Taylor is a 49 year-old class A CDL holder in Mississippi. He has a history of a single seizure in 2009. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Taylor receiving an exemption. Karin Hawley Wagasy Ms. Wagasy is a 58 year-old driver in Tennessee. She has a history of a seizure disorder and has remained seizure free since 1975. She takes anti-seizure medication with the dosage and frequency remaining the same since that time. If granted the exemption, she would like to drive a CMV. Her physician states that he is supportive of Ms. Wagasy receiving an exemption. Trever A. Williams Mr. Williams is a 44 year-old class A CDL holder in Minnesota. He has a history of a single seizure in 1983 which occurred postoperatively, after a PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 surgical procedure to remove a foreign body from his head. He takes antiseizure medication with the dosage and frequency remaining the same since 2006. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Williams receiving an exemption. Request for Comments In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests public comment from all interested persons on the exemption applications described in this notice. We will consider all comments received before the close of business on the closing date indicated earlier in the notice. Issued on: April 7, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–08392 Filed 4–10–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2014–0312] 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 69 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 February 24, 2015. The exemptions expire on February 24, 2017. FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, (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: 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\13APN1.SGM 13APN1 Federal Register / Vol. 80, No. 70 / Monday, April 13, 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 January 23, 2014, FMCSA published a notice of receipt of Federal diabetes exemption applications from 69 individuals and requested comments from the public (80 FR 3724). The public comment period closed on February 23, 2015, and three comments were received. FMCSA has evaluated the eligibility of the 69 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 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 18:02 Apr 10, 2015 Jkt 235001 drivers to operate CMVs in interstate commerce. These 69 applicants have had ITDM over a range of one to 29 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 January 23, 2014, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received three comments in this proceeding. The comments are discussed below. The American Trucking Associations, Inc. (ATA) submitted a comment stating, ‘‘ATA believes that the increased volume of applications for exemption from parts of 49 CFR 391.41 is cause for concern. The granting of such a large number of exemptions dilutes the physical qualification standards and constitutes regulation through exemption. FMCSA must begin a dialogue on the need and effectiveness of these standards. If it is determined that these standards need to be altered, it must be done through the formal rulemaking process.’’ FMCSA is engaged in a formal rulemaking process, and is preparing to publish an NPRM in the spring of this year. Scott Cleveland submitted a comment stating the Federal Register notice did not tell him if he was approved. As stated in the notice, all drivers listed will receive an exemption effective the day after the close of the request for comments period, barring any negative comments. An anonymous commenter submitted a comment stating that the Federal Register notice requesting comments does not state whether people are being granted an exemption because the comment period must end before the final determination is made. PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 19733 IV. 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. V. 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. VI. Conclusion Based upon its evaluation of the 69 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)): E:\FR\FM\13APN1.SGM 13APN1 19734 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES Bryan L. Anderson (WA), Travis K. Archer (ME), Michael R. Batham (CA), Victor M. Beltran-Araujo (ID), Charles A. Best (OH), Cassandra J. Braford (MN), Mark E. Buchholz (SD), Richard E. Buthy (NJ), George E. Carle (CO), Jamey S. Carney (IA), Bryan D. Carpenter (NC), Michael G. Cary (MN), John G. Castilaw (MS), Dominick Cicala (NJ), Scott E. Clevelan (KY), Adam C. Cochran (GA), Michael R. Cummings (VA), David L. Dalheim (NY), Brian Dick (MD), Timothy B. Duelke (ID), Cory A. Duncan (OR), Terrence J. Dunne (NJ), David L. Eklund (IL), Yoshitsugu Endo (NY), Barry K. Foster (TX), Robert Fugate (OH), John A. Georg (IA), Francis J. Gernatt, Jr. (NY), Mark A. Haines (WV), Ivan G. Hanford (OR), James L. Harman, III (VA), James R. Hoyle (TX), George E. Huften (CT), John M. Ippolito (NY), Allan L. Jameson (NE), Erik D. Kemmer (MN), Mark L. Knobel, Sr. (MD), Joseph E. Knox, Sr., Erik M. Lane (NY), Jacob C. Liebl (ND), Galen H. Martin (PA), James D. Martin (IN), John M. McCabe (IL), Kevin F. McGlade (PA), Brett J. Mellor (ID), Kenneth M. Merritt (CA), Douglas D. Milligan (WA), Charles E. Morgan (LA), Richard D. Neal (TN), Gary Anthony Alfred H. Nelson (FL), Robert E. Perdue (WA), Christie M. Rose (TX), John E. Sautkulis (NY), Kevin D. Schlichting (PA), Ronnie L. Schronce (NC), Richard A. Sharpe (MN), William F. Smith (DE), Richard W. Stultz (IN), Robin W. Swasey (UT), Michelle P. Thibeault (ME), Michael L. Thrasher (AL), Melinda K. Topel (MO), Steven R. Vance (TX), William D. VanReese (MN), Ellis J. Vest, Jr. (WV), Herbert E. Wachtel (MN), Kendall G. Webster (OR), Christopher J. Wilson (PA), Mark P. Zimmerman (NV). 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. VerDate Sep<11>2014 19:28 Apr 10, 2015 Jkt 235001 Issued on: April 3, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–08413 Filed 4–10–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2014–0014] Pipeline Safety: Public Workshop on Pipeline Safety Management Systems Correction In notice document 2015–08115 appearing on pages 19113–19114 in the issue of April 9, 2015, make the following correction: On page 19113, in the second column, under the DATES heading, in the third line, ‘‘8:00 a.m. to 4:30 p.m. EST’’ should read ‘‘8:00 a.m. to 4:30 p.m. CST’’. [FR Doc. C1–2015–08115 Filed 4–9–15; 4:15 pm] BILLING CODE 1505–01–D DEPARTMENT OF TRANSPORTATION Intelligent Transportation Systems Program Advisory Committee; Notice of Meeting ITS Joint Program Office, Office of the Assistant Secretary for Research and Technology, U.S. Department of Transportation. ACTION: Notice. AGENCY: The Intelligent Transportation Systems (ITS) Program Advisory Committee (ITSPAC) will hold a teleconference on May 13, 2015, from 1:00 p.m. to 2:00 p.m. (EDT). The ITSPAC, established under Section 5305 of Public Law 109–59, Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, August 10, 2005, and reestablished under Section 53003 of Public Law 112–141, Moving Ahead for Progress in the 21st Century, July 6, 2012, was created to advise the Secretary of Transportation on all matters relating to the study, development, and implementation of intelligent transportation systems. Through its sponsor, the ITS Joint Program Office (JPO), the ITSPAC makes recommendations to the Secretary regarding ITS Program needs, objectives, plans, approaches, content, and progress. The following is a summary of the meeting tentative agenda: (1) Welcome, (2) Meeting Purpose, (3) Subcommittee PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 Updates, (4) Review Action Items, (5) Summary and Adjourn. The teleconference will be open to the public, but limited conference lines will be available on a first-come, first-served basis. Members of the public who wish to participate in the teleconference must submit a request to ITSPAC@dot.gov, not later than May 6, 2015. In addition, for planning purposes, your request must also indicate whether you wish to present oral statements during the teleconference. Questions about the agenda or written comments may be submitted by U.S. Mail to: U.S. Department of Transportation, Office of the Assistant Secretary for Research and Technology, ITS Joint Program Office, Attention: Stephen Glasscock, 1200 New Jersey Avenue SE., HOIT, Washington, DC 20590 or faxed to (202) 493–2027. The ITS JPO requests that written comments be submitted not later than May 6, 2015. Notice of this teleconference is provided in accordance with the Federal Advisory Committee Act and the General Services Administration regulations (41 CFR part 102–3) covering management of Federal advisory committees. Issued in Washington, DC, on the 8 day of April, 2015. Stephen Glasscock, Designated Federal Official, ITS Joint Program Office. [FR Doc. 2015–08403 Filed 4–10–15; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency [Docket ID OCC–2015–0002] Mutual Savings Association Advisory Committee Office of the Comptroller of the Currency, Department of the Treasury. ACTION: Notice of Federal Advisory Committee Meeting. AGENCY: The Office of the Comptroller of the Currency (OCC) announces a meeting of the Mutual Savings Association Advisory Committee (MSAAC). SUMMARY: A public meeting of the MSAAC will be held on Tuesday, April 28, 2015, beginning at 8:00 a.m. Eastern Daylight Time (EDT). Members of the public may submit written statements to the MSAAC. The OCC must receive written statements no later than Thursday, April 23, 2015. Members of the public who plan to attend the meeting, and DATES: E:\FR\FM\13APN1.SGM 13APN1

Agencies

[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Notices]
[Pages 19732-19734]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08413]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2014-0312]


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 69 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 February 24, 2015. The 
exemptions expire on February 24, 2017.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, 
Carrier, Driver and Vehicle Safety Standards, (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

[[Page 19733]]

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 January 23, 2014, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from 69 individuals and requested 
comments from the public (80 FR 3724). The public comment period closed 
on February 23, 2015, and three comments were received.
    FMCSA has evaluated the eligibility of the 69 applicants and 
determined that granting the exemptions to these individuals would 
achieve a level of safety equivalent to or greater than the level that 
would be achieved by complying with the current regulation 49 CFR 
391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current 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 69 applicants have had ITDM over a range of one to 29 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 January 23, 2014, Federal 
Register notice and they will not be repeated in this notice.

III. Discussion of Comments

    FMCSA received three comments in this proceeding. The comments are 
discussed below.
    The American Trucking Associations, Inc. (ATA) submitted a comment 
stating, ``ATA believes that the increased volume of applications for 
exemption from parts of 49 CFR 391.41 is cause for concern. The 
granting of such a large number of exemptions dilutes the physical 
qualification standards and constitutes regulation through exemption. 
FMCSA must begin a dialogue on the need and effectiveness of these 
standards. If it is determined that these standards need to be altered, 
it must be done through the formal rulemaking process.'' FMCSA is 
engaged in a formal rulemaking process, and is preparing to publish an 
NPRM in the spring of this year.
    Scott Cleveland submitted a comment stating the Federal Register 
notice did not tell him if he was approved. As stated in the notice, 
all drivers listed will receive an exemption effective the day after 
the close of the request for comments period, barring any negative 
comments.
    An anonymous commenter submitted a comment stating that the Federal 
Register notice requesting comments does not state whether people are 
being granted an exemption because the comment period must end before 
the final determination is made.

IV. 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.

V. 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.

VI. Conclusion

    Based upon its evaluation of the 69 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)):


[[Page 19734]]


Bryan L. Anderson (WA), Travis K. Archer (ME), Michael R. Batham (CA), 
Victor M. Beltran-Araujo (ID), Charles A. Best (OH), Cassandra J. 
Braford (MN), Mark E. Buchholz (SD), Richard E. Buthy (NJ), George E. 
Carle (CO), Jamey S. Carney (IA), Bryan D. Carpenter (NC), Michael G. 
Cary (MN), John G. Castilaw (MS), Dominick Cicala (NJ), Scott E. 
Clevelan (KY), Adam C. Cochran (GA), Michael R. Cummings (VA), David L. 
Dalheim (NY), Brian Dick (MD), Timothy B. Duelke (ID), Cory A. Duncan 
(OR), Terrence J. Dunne (NJ), David L. Eklund (IL), Yoshitsugu Endo 
(NY), Barry K. Foster (TX), Robert Fugate (OH), John A. Georg (IA), 
Francis J. Gernatt, Jr. (NY), Mark A. Haines (WV), Ivan G. Hanford 
(OR), James L. Harman, III (VA), James R. Hoyle (TX), George E. Huften 
(CT), John M. Ippolito (NY), Allan L. Jameson (NE), Erik D. Kemmer 
(MN), Mark L. Knobel, Sr. (MD), Joseph E. Knox, Sr., Erik M. Lane (NY), 
Jacob C. Liebl (ND), Galen H. Martin (PA), James D. Martin (IN), John 
M. McCabe (IL), Kevin F. McGlade (PA), Brett J. Mellor (ID), Kenneth M. 
Merritt (CA), Douglas D. Milligan (WA), Charles E. Morgan (LA), Richard 
D. Neal (TN), Gary Anthony Alfred H. Nelson (FL), Robert E. Perdue 
(WA), Christie M. Rose (TX), John E. Sautkulis (NY), Kevin D. 
Schlichting (PA), Ronnie L. Schronce (NC), Richard A. Sharpe (MN), 
William F. Smith (DE), Richard W. Stultz (IN), Robin W. Swasey (UT), 
Michelle P. Thibeault (ME), Michael L. Thrasher (AL), Melinda K. Topel 
(MO), Steven R. Vance (TX), William D. VanReese (MN), Ellis J. Vest, 
Jr. (WV), Herbert E. Wachtel (MN), Kendall G. Webster (OR), Christopher 
J. Wilson (PA), Mark P. Zimmerman (NV).

    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: April 3, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-08413 Filed 4-10-15; 8:45 am]
 BILLING CODE 4910-EX-P

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