6328 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Notices 

David F. Goehring (WI) 

Robert J. Golding (ME) 

Ethan T. Heideman (MN) 

Benjamin R. Hickerson (CA) 

Timothy J. Hrinak (PA) 

Kevin M. Hunt (MI) 

David T. Issler (NY) 

Todd D. Jacquin (NC) 

Bruce E. Kerr (KY) 

Mark C. Kucharski (CO) 

Philip M. LaPierre (ME) 

Mary J. Martin (PA) 

Peter J. Meier (WA) 

Terry J. Miller (WI) 

Michael E. Morel (NH) 

Marvin K. Mosley (SC) 

Eric Nieves, Jr. (NY) 

Jerry D. Pearce (NM) 

George W. Pottle, IV (ME) 

Kenneth A. Prine (WA) 

Charles R. Ratcliff, Jr. (VA) 

Joseph B. Ribitzki (AR) 

Roger D. Richey (IN) 

Michael G. Sanchez (CA) 

Guido J. Scarafoni (MA) 

Jeffrey M. Schleisman (IA) 

Scott J. Schmidt (NE) 

Lori A. Shaffnit (IA) 

Sanampreet Singh (CA) 

Joshua A. Snyder (WV) 

Christophe M. Stephens (TN) 

Michael A. Stille (GA) 

Leonard Tawahongva (AZ) 

Edward M. Taylor (NE) 

Donald L. Trogdon (ID) 

Gregory S. Van Hal (MN) 

Lazario R. Watkins (NC) 

Eric J. Watson (NY) 

William T. White (WA) 

J. Ryan Wolf (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 19, 2016. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2016–02299 Filed 2–4–16; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2015–0488] 

Qualification of Drivers; Exemption 

Applications; Narcolepsy 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from two individuals for 

exemptions from the following two 

Federal Motor Carrier Safety 

Regulations (FMCSRs) which prohibit 

operating a commercial motor vehicle 

(CMV) in interstate commerce. Section 

391.41(b)(8) of the FMCSRs prohibit 

operation of a commercial motor vehicle 

by persons with either a clinical 

diagnosis of a condition that is likely to 

cause a loss of consciousness or any loss 

of ability to operate a CMV safely. 

Section 391.41(b)(9) of the FMCSRs 

prohibit operation of a commercial 

motor vehicle by persons with a mental, 

nervous, organic, functional disease, or 

psychiatric disorder likely to interfere 

with his/her ability to drive a 

commercial motor vehicle safely. If 

granted, the exemption would enable 

these individuals who have been 

diagnosed with narcolepsy and are 

receiving medical treatment to operate 

CMVs for 2 years in interstate 

commerce. 

DATES: Comments must be received on 

or before March 7, 2016. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2012–0081 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

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. 

Each submission must include the 

Agency name and the docket ID for this 

Notice. Note that DOT posts all 

comments received without change to 

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 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 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 

rulemaking process. DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to www.regulations.gov, as 

described in the system records notice 

(DOT/ALL–14 FDMS), which can be 

reviewed at www.dot.gov/privacy. 

FOR FURTHER INFORMATION CONTACT: 

Christine Hydock, Chief, Medical 

Programs Division, (202) 366–4001, or 

via email at fmcsamedical@dot.gov, or 

by letter to FMCSA, Room W64–113, 

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: 

Background 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315 to grant exemptions 

from certain parts of the Federal Motor 

Carrier Safety Regulations. FMCSA must 

publish a notice of each exemption 

request in the Federal Register [49 CFR 

381.315(a)]. The Agency must provide 

the public an opportunity to inspect the 

information relevant to the application, 

including any safety analyses that have 

been conducted. The Agency must also 

provide an opportunity for public 

comment on the request. 

The Agency reviews safety analyses 

and public comments submitted, and 

determines whether granting the 

exemption would likely achieve a level 

of safety equivalent to, or greater than, 

the level that would be achieved by the 

current regulation (49 CFR 381.305). 

The Agency may grant an exemption 

subject to specified terms and 

conditions. The decision of the Agency 

must be published in the Federal 

Register (49 CFR 381.315(b)) with the 

reasons for denying or granting the 

application and, if granted, the name of 

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Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Notices 6329 

the person or class of persons receiving 

the exemption, and the regulatory 

provision from which the exemption is 

granted. The notice must also specify 

the effective period and explain the 

terms and conditions of the exemption. 

The exemption may be renewed (49 CFR 

381.300(b)). 

FMCSA provides medical advisory 

criteria in the Medical Examination 

Report at 49 CFR 391.43 for use by 

medical examiners in determining 

whether drivers with certain medical 

conditions should be certified to operate 

commercial motor vehicles in interstate 

commerce. The advisory criteria for 49 

CFR 391.41(b)(8), indicates that if an 

individual has had a sudden episode of 

a non-epileptic seizure or loss of 

consciousness of unknown cause that 

did not require anti-seizure medication, 

the decision whether that person’s 

condition is likely to cause the loss of 

consciousness or loss of ability to 

control a CMV should be made on an 

individual basis by the medical 

examiner in consultation with the 

treating physician. 

In those individual cases where a 

driver had a seizure or an episode of 

loss of consciousness that resulted from 

a known medical condition (e.g., drug 

reaction, high temperature, acute 

infectious disease, dehydration, or acute 

metabolic disturbance), certification 

should be deferred until the driver has 

fully recovered from that condition, has 

no existing residual complications, and 

is not taking anti-seizure medication. 

The advisory criteria for 49 CFR 

391.41(b)(9), indicates that a variety of 

functional disorders can cause 

drowsiness, dizziness, confusion, 

weakness or paralysis that may lead to 

incoordination, inattention, loss of 

functional control and susceptibility to 

accidents while driving. 

Summary of Applications 

Jeremy Joseph Mertens 

Mr. Mertens is a 26 year old Class B 

CDL holder in Pennsylvania. An 

October 6, 2015 report from his sleep 

medicine physician says (Mr. Martens) 

was diagnosed with narcolepsy in 2011. 

His physician report further states that 

Mr. Mertens is treated with Nuvigil 

daily and has no problems with daytime 

somnolence. He has never had any 

history of sleepiness while driving, 

cataplexy or loss of consciousness. He 

understands that he has to continue to 

have adequate total sleep time and take 

his Nuvigil as prescribed every single 

day. His employer provided a letter 

stating that throughout his eight years of 

employment he has never had any 

problem performing his job duties 

because of his narcolepsy. 

Michael Vaughn 

Mr. Vaughn is a 31 year old non-CDL 

holder from Georgia. An August 27, 

2015 letter from his neurologist reports 

that as recently as July 13, 2015, Mr. 

Vaugh’s sleep apnea is managed on 

CPAP and he is on medication to help 

him maintain wakefulness during the 

daytime. His neurologist supports Mr. 

Vaughn’s request for an exemption 

which would allow him to operate 

commercial motor vehicles as he is on 

medication. Mr. Vaughn reports that he 

takes the medication Nuvigil. 

Request for Comments 

In accordance with 49 U.S.C. 31315 

and 31136(e), FMCSA requests public 

comment from all interested persons on 

the applications for exemption 

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: January 19, 2016. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2016–02275 Filed 2–4–16; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2015–0069] 

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 41 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 November 17, 2015. The exemptions 

expire on November 17, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Christine A. Hydock, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue SE., Room W64– 

113, Washington, DC 20590–0001. 

Office hours are from 8:30 a.m. to 5 p.m. 

e.t., 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: 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: 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 October 15, 2015, FMCSA 

published a notice of receipt of Federal 

diabetes exemption applications from 

41 individuals and requested comments 

from the public (80 FR 632155). The 

public comment period closed on 

November 16, 2015, and no comments 

were received. 

FMCSA has evaluated the eligibility 

of the 41 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 

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