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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6330 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Notices 

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 41 applicants have had ITDM 

over a range of 1 to 39 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 October 

15, 2015, Federal Register notice and 

they will not be repeated in this notice. 

III. Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

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 41 

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)): 

David V. Bartel (MN) 

Derwin M. Beckles (NJ) 

John H. Bell Jr. (FL) 

Robert G. Chadwick (UT) 

Brian D. Correll (PA) 

Stephen V. Danczak (OH) 

Thomas W. Freeley (NY) 

Jeffrey S. Gurcik (NJ) 

Robert Hackney, Jr. (NJ) 

Lawrence D. Hastings (WI) 

Michael P. Haun (RI) 

Anthony G. Hill (GA) 

Charles H. Hillman (OR) 

Alan L. Hodge (MN) 

Hans G. Horschig (NM) 

Nicholas C. Huber (IA) 

Joseph S. Hurlburt (NY) 

Robert J. Johnson (WA) 

Christopher E. Jones (NY) 

Roger L. Killion (NC) 

Robert L. Lawson (SC) 

Leroy Madison (SC) 

Mark L. Martin (WA) 

Wendell J. Matthews (MO) 

Peter G. Mattos (VT) 

Randy G. Moody (TN) 

Michael J. Murray, Jr. (CA) 

Joseph K. Neisen (IL) 

Manuel Pereira (CT) 

Herman Powell, Jr. (TX) 

William H. Riley, Jr. (IL) 

James W. Smith (SC) 

Thomas H. Smith (WI) 

Michael J. Swanson (IL) 

Patrick J. Sweeney (NJ) 

Richard T. Tabeling (KY) 

David Tellez (MT) 

Mark A. Turley (PA) 

Kristi L. Turner (TX) 

Jon T. Webster (MN) 

Owen E. Whetzel (WV) 

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. 2016–02301 Filed 2–4–16; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2015–0068] 

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 44 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 21, 2015. The exemptions 

expire on November 21, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Christine A. Hydock, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

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