Federal Register / Vol. 79, No. 229 / Friday, November 28, 2014 / Notices 70917 

1Commercial Driver License Information System 

(CDLIS) is an information system that allows the 

exchange of commercial driver licensing 

information among all the States. CDLIS includes 

the databases of fifty-one licensing jurisdictions and 

the CDLIS Central Site, all connected by a 

telecommunications network. 

time to route the new driver to his or 

her State of domicile to obtain a CDL 

and place the new driver into an on-thejob training position with a drivertrainer. The driver-trainer supervised 

and observed the new driver, but was 

not required to be on-duty and in the 

front seat at all times. Thus, the new 

driver became productive immediately, 

allowing more freight movement for 

C.R. England and compensation for the 

new driver. 

C.R. England contends that 

compliance with the CDL rule prevents 

it from implementing more efficient and 

effective operations. The rule places 

C.R. England in an untenable position of 

either sending the CLP holder home 

without having hired him or her 

(because the person does not yet have a 

CDL) with no assurance that the driver 

will remain with C.R. England after 

obtaining the CDL; or, hiring the CLP 

holder and sending him or her home in 

an unproductive non-driving capacity. 

Granting the exemption would allow the 

CLP holder to drive as part of a team on 

that trip, resulting in reduced costs and 

increased productivity. 

C.R. England asserts that the 

exemption would be consistent with 

FMCSA’s comments in the preamble to 

the rule that state that ‘‘FMCSA does not 

believe that it is safe to permit 

inexperienced drivers who have not 

passed the CDL skills test to drive 

unaccompanied.’’ (76 FR 26861) The 

exemption sought would apply only to 

those C.R. England drivers who have 

passed the CDL skills test and hold a 

CLP. C.R. England believes that the 

exemption would result in a level of 

safety that is equivalent to or greater 

than the level of safety provided under 

the rule. The only difference between a 

CLP holder who has passed the CDL 

skills test and a CDL holder is that the 

latter has waited in line at the DMV and 

has received the hard copy CDL. 

A copy of C.R. England’s application 

for exemption is available for review in 

the docket for this notice. 

Request for Comments 

In accordance with 49 U.S.C. 

31315(b)(4) and 31136(e), FMCSA 

requests public comment on C.R. 

England’s application for an exemption 

from the CDL requirements of 49 CFR 

part 383. The Agency will consider all 

comments received by close of business 

on December 29, 2014. Comments will 

be available for examination in the 

docket at the location listed under the 

ADDRESSES section of this notice. The 

Agency will consider to the extent 

practicable comments received in the 

public docket after the closing date of 

the comment period. 

Issued on: November 17, 2014. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2014–28072 Filed 11–26–14; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2006–25854; FMCSA– 

2011–0389; FMCSA–2012–0294; FMCSA– 

2013–0109] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to grant requests from five 

individuals for exemptions from the 

regulatory requirement that interstate 

commercial motor vehicle (CMV) 

drivers have ‘‘no established medical 

history or clinical diagnosis of epilepsy 

or any other condition which is likely 

to cause loss of consciousness or any 

loss of ability to control a CMV.’’ The 

regulation and the associated advisory 

criteria published in the Code of Federal 

Regulations as the ‘‘Instructions for 

Performing and Recording Physical 

Examinations’’ have resulted in 

numerous drivers being prohibited from 

operating CMVs in interstate commerce 

based on the fact that they have had one 

or more seizures and are taking antiseizure medication, rather than an 

individual analysis of their 

circumstances by a qualified medical 

examiner. The Agency concluded that 

granting exemptions for these CMV 

drivers will provide a level of safety that 

is equivalent to or greater than the level 

of safety maintained without the 

exemptions. FMCSA grants exemptions 

that will allow these five individuals to 

operate CMVs in interstate commerce 

for a 2-year period. The exemptions 

preempt State laws and regulations and 

may be renewed. 

DATES: The exemptions are effective 

November 28, 2014. The exemptions 

expire on November 28, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Elaine M. Papp, Division Chief, Physical 

Qualifications, Office of Medical 

Programs, (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 8:30 a.m. to 5 p.m., e.t., 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

A. 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., e.t., Monday through Friday, 

except Federal holidays. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of DOT’s dockets by 

the name of the individual submitting 

the comment (or of the person signing 

the comment, if submitted on behalf of 

an association, business, labor union, or 

other entity). You may review DOT’s 

complete Privacy Act Statement in the 

Federal Register (73 FR 3316, January 

17, 2008). This statement is also 

available at http://Docketinfo.dot.gov. 

B. Background 

Under 49 U.S.C. 31136(e) and 

31315(b), FMCSA may grant an 

exemption from the safety regulations 

for a 2-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 statute 

also allows the Agency to renew 

exemptions at the end of the 2-year 

period. 

FMCSA grants five individuals an 

exemption from the regulatory 

requirement in § 391.41(b)(8), to allow 

these individuals who take anti-seizure 

medication to operate CMVs in 

interstate commerce for a 2-year period. 

The Agency’s decision on these 

exemption applications is based on an 

individualized assessment of each 

applicant’s medical information, 

including the root cause of the 

respective seizure(s), the length of time 

elapsed since the individual’s last 

seizure, and each individual’s treatment 

regimen. In addition, the Agency 

reviewed each applicant’s driving 

record found in the Commercial Driver’s 

License Information System (CDLIS) 1


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70918 Federal Register / Vol. 79, No. 229 / Friday, November 28, 2014 / Notices 

2 Motor Carrier Management Information System 

(MCMIS) is an information system that captures 

data from field offices through SAFETYNET, 

CAPRI, and other sources. It is a source for FMCSA 

inspection, crash, compliance review, safety audit, 

and registration data. 

3Engel, J., Fisher, R.S., Krauss, G.L., Krumholz, 

A., and Quigg, M.S., ‘‘Expert Panel 

Recommendations: Seizure Disorders and 

Commercial Motor Vehicle Driver Safety,’’ FMCSA, 

October 15, 2007. 

for commercial driver’s license (CDL) 

holders, and interstate and intrastate 

inspections recorded in Motor Carrier 

Management Information System 

(MCMIS).2 For non-CDL holders, the 

Agency reviewed the driving records 

from the State licensing agency. The 

Agency acknowledges the potential 

consequences of a driver experiencing a 

seizure while operating a CMV. 

However, the Agency believes the 

drivers covered by the exemptions 

granted here have demonstrated that 

they are unlikely to have a seizure and 

their medical condition does not pose a 

risk to public safety. 

In reaching the decision to grant these 

exemption requests, the Agency 

considered both current medical 

literature and information and the 2007 

recommendations of the Agency’s 

Medical Expert Panel (MEP). The 

Agency previously gathered evidence 

for potential changes to the regulation at 

49 CFR 391.41(b)(8) by conducting a 

comprehensive review of scientific 

literature that was compiled into the 

‘‘Evidence Report on Seizure Disorders 

and Commercial Vehicle Driving’’ 

(Evidence Report) [CD–ROM HD 

TL230.3 .E95 2007]. The Agency then 

convened a panel of medical experts in 

the field of neurology (the MEP) on May 

14–15, 2007, to review 49 CFR 

391.41(b)(8) and the advisory criteria 

regarding individuals who have 

experienced a seizure, and the 2007 

Evidence Report. The Evidence Report 

and the MEP recommendations are 

published on-line at http://

www.fmcsa.dot.gov/rules-regulations/

topics/mep/mep-reports.htm, under 

Seizure Disorders, and are in the docket 

for this notice. 

MEP Criteria for Evaluation 

On October 15, 2007, the MEP issued 

the following recommended criteria for 

evaluating whether an individual with 

epilepsy or a seizure disorder should be 

allowed to operate a CMV.3 The MEP 

recommendations are included in 

previously published dockets. 

Epilepsy diagnosis. If there is an 

epilepsy diagnosis, the applicant should 

be seizure-free for 8 years, on or off 

medication. If the individual is taking 

anti-seizure medication(s), the plan for 

medication should be stable for 2 years. 

Stable means no changes in medication, 

dosage, or frequency of medication 

administration. Recertification for 

drivers with an epilepsy diagnosis 

should be performed every year. 

Single unprovoked seizure. If there is 

a single unprovoked seizure (i.e., there 

is no known trigger for the seizure), the 

individual should be seizure-free for 4 

years, on or off medication. If the 

individual is taking anti-seizure 

medication(s), the plan for medication 

should be stable for 2 years. Stable 

means no changes in medication, 

dosage, or frequency of medication 

administration. Recertification for 

drivers with a single unprovoked 

seizure should be performed every 

2 years. 

Single provoked seizure. If there is a 

single provoked seizure (i.e., there is a 

known reason for the seizure), the 

Agency should consider specific criteria 

that fall into the following two 

categories: low-risk factors for 

recurrence and moderate-to-high risk 

factors for recurrence. 

• Examples of low-risk factors for 

recurrence include seizures that were 

caused by a medication; by nonpenetrating head injury with loss of 

consciousness less than or equal to 30 

minutes; by a brief loss of consciousness 

not likely to recur while driving; by 

metabolic derangement not likely to 

recur; and by alcohol or illicit drug 

withdrawal. 

• Examples of moderate-to-high-risk 

factors for recurrence include seizures 

caused by non-penetrating head injury 

with loss of consciousness or amnesia 

greater than 30 minutes, or penetrating 

head injury; intracerebral hemorrhage 

associated with a stroke or trauma; 

infections; intracranial hemorrhage; 

post-operative complications from brain 

surgery with significant brain 

hemorrhage; brain tumor; or stroke. 

The MEP report indicates individuals 

with moderate to high-risk conditions 

should not be certified. Drivers with a 

history of a single provoked seizure 

with low risk factors for recurrence 

should be recertified every year. 

Medical Review Board 

Recommendations and Agency Decision 

FMCSA presented the MEP’s findings 

and the Evidence Report to the Medical 

Review Board (MRB) for consideration. 

The MRB reviewed and considered the 

2007 ‘‘Seizure Disorders and 

Commercial Driver Safety’’ evidence 

report and the 2007 MEP 

recommendations. The MRB 

recommended maintaining the current 

advisory criteria, which provide that 

‘‘drivers with a history of epilepsy/

seizures off anti-seizure medication and 

seizure-free for 10 years may be 

qualified to drive a CMV in interstate 

commerce. Interstate drivers with a 

history of a single unprovoked seizure 

may be qualified to drive a CMV in 

interstate commerce if seizure-free and 

off anti-seizure medication for a 5 year 

period or more’’ [Advisory criteria to 49 

CFR 391.43(f)]. 

The Agency acknowledges the MRB’s 

position on the issue but believes 

relevant current medical evidence 

supports a less conservative approach. 

The medical advisory criteria for 

epilepsy and other seizure or loss of 

consciousness episodes was based on 

the 1988 ‘‘Conference on Neurological 

Disorders and Commercial Drivers’’ 

(NITS Accession No. PB89–158950/AS). 

A copy of the report can be found in the 

docket referenced in this notice. 

The MRB’s recommendation treats all 

drivers who have experienced a seizure 

the same, regardless of individual 

medical conditions and circumstances. 

In addition, the recommendation to 

continue prohibiting drivers who are 

taking anti-seizure medication from 

operating a CMV in interstate commerce 

does not consider a driver’s actual 

seizure history and time since the last 

seizure. The Agency has decided to use 

the 2007 MEP recommendations as the 

basis for evaluating applications for an 

exemption from the seizure regulation 

on an individual, case-by-case basis. 

C. Exemptions 

Following individualized assessments 

of the exemption applications, 

including a review of detailed follow-up 

information requested from each 

applicant, FMCSA is granting 

exemptions from 49 CFR 391.41(b)(8) to 

five individuals. Under current FMCSA 

regulations, all of the five drivers 

receiving exemptions from 49 CFR 

391.41(b)(8) would have been 

considered physically qualified to drive 

a CMV in interstate commerce except 

that they presently take or have recently 

stopped taking anti-seizure medication. 

For these five drivers, the primary 

obstacle to medical qualification was 

the FMCSA Advisory Criteria for 

Medical Examiners, based on the 1988 

‘‘Conference on Neurological Disorders 

and Commercial Drivers,’’ stating that a 

driver should be off anti-seizure 

medication in order to drive in 

interstate commerce. In fact, the 

Advisory Criteria have little if anything 

to do with the actual risk of a seizure 

and more to do with assumptions about 

individuals who are taking anti-seizure 

medication. 

In addition to evaluating the medical 

status of each applicant, FMCSA 

evaluated the crash and violation data 


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Federal Register / Vol. 79, No. 229 / Friday, November 28, 2014 / Notices 70919 

for the five drivers, some of whom 

currently drive a CMV in intrastate 

commerce. The CDLIS and MCMIS were 

searched for crash and violation data on 

the five applicants. For non-CDL 

holders, the Agency reviewed the 

driving records from the State licensing 

agency. 

These exemptions are contingent on 

the driver maintaining a stable 

treatment regimen and remaining 

seizure-free during the 2-year exemption 

period. The exempted drivers must 

submit annual reports from their 

treating physicians attesting to the 

stability of treatment and that the driver 

has remained seizure-free. The driver 

must undergo an annual medical 

examination by a medical examiner, as 

defined by 49 CFR 390.5, following the 

FCMSA’s regulations for the physical 

qualifications for CMV drivers. 

FMCSA published a notice of receipt 

of application and requested public 

comment during a 30-day public 

comment period in a Federal Register 

notice for each of the applicants. A short 

summary of the applicants’ 

qualifications and a discussion of the 

comments received follows this section. 

For applicants who were denied an 

exemption, a notice will be published at 

a later date. 

D. Comments 

Docket # FMCSA–2006–25854 

On August 9, 2007, FMCSA published 

a notice of receipt of exemption 

applications and requested public 

comment on nine individuals (72 FR 

44916; Docket number FMCSA–2006– 

25854). The comment period ended on 

September 10, 2007. Five comments 

were received. A discussion of the 

comments were presented in a previous 

notice. Of the nine applicants, five were 

previously granted exemptions, one 

withdrew his request, and two were 

denied. The Agency has determined that 

the following applicant should be 

granted an exemption. 

Jay Whitehead 

Mr. Whitehead is a 51 year-old class 

B CDL holder in New York. He has a 

history of seizures and has remained 

seizure free since 1983. He takes antiseizure medication with the dosage and 

frequency remaining the same for over 

2 years. If granted the exemption, he 

would like to continue to drive a CMV. 

His physician states he is supportive of 

Mr. Whitehead receiving an exemption. 

Docket # FMCSA–2011–0389 

On January 5, 2012, FMCSA 

published a notice of receipt of 

exemption applications and requested 

public comment on 15 individuals (77 

FR 33781; Docket number FMCSA– 

2011–0389). The comment period ended 

on February 5, 2012. Seven comments 

were received. A discussion of the 

comments were presented in a previous 

notice. Of the 15 applicants, three were 

previously granted exemptions. FMCSA 

has determined that the following 

applicant should be granted an 

exemption. The Agency will issue a 

decision on the other drivers at a later 

date. 

Lonnie Rieker 

Mr. Rieker is a 55 year-old class A 

CDL holder in Illinois. He has a history 

of a single seizure and has remained 

seizure free for 4 years. He takes antiseizure medication with the dosage and 

frequency remaining the same for over 

2 years. If granted the exemption, he 

would like to continue to drive a CMV. 

His physician states he is supportive of 

Mr. Rieker receiving an exemption. 

Docket # FMCSA–2012–0294 

On January 15, 2013, FMCSA 

published a notice of receipt of 

exemption applications and requested 

public comment on nine individuals (78 

FR 00712; Docket number FMCSA– 

2012–0294). The comment period ended 

on February 15, 2013. Eight comments 

were received, including three duplicate 

comments. A discussion of the 

comments were presented in a previous 

notice. Of the nine applicants, eight 

were previously granted exemptions. 

FMCSA has determined that the 

following applicant should be granted 

an exemption. 

Michael Ranalli 

Mr. Ranalli is a 29 year-old driver in 

Pennsylvania. He has a history of 

juvenile epilepsy and has remained 

seizure free for 8 years. 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 he is supportive of Mr. 

Ranalli receiving an exemption. 

Docket # FMCSA–2013–0109 

On November 13, 2013, FMCSA 

published a notice of receipt of 

exemption applications and requested 

public comment on 11 individuals (78 

FR 68144). The comment period ended 

on December 13, 2013. No commenters 

responded to this Federal Register 

notice. Of the 11 applicants, four were 

previously granted exemptions. FMCSA 

has determined that the following two 

applicants should be granted an 

exemption. The Agency will issue a 

decision on the other drivers at a later 

date. 

Jeffrey Ballweg 

Mr. Ballweg is 51 year-old driver in 

Wisconsin. He has a history of epilepsy 

and has remained seizure free for 8 

years. He takes anti-seizure medication 

with the dosage and frequency 

remaining the same for over 2 years. If 

granted the exemption, he would like to 

drive a CMV. His physician states he is 

supportive of Mr. Ballweg receiving an 

exemption. 

Bryan Couture 

Mr. Couture is a 48 year-old class B 

CDL holder in Rhode Island. He has a 

history of seizure and has remained 

seizure free for 10 years. He takes antiseizure medication with the dosage and 

frequency remaining the same for over 

2 years. If granted the exemption, he 

would like to continue to drive a CMV. 

His physician states he is supportive of 

Mr. Couture receiving an exemption. 

E. Basis for Exemption 

Under 49 U.S.C. 31136(e) and 

31315(b), FMCSA may grant an 

exemption from the epilepsy/seizure 

standard in 49 CFR 391.41(b)(8) if the 

exemption is likely to achieve an 

equivalent or greater level of safety than 

would be achieved without the 

exemption. Without the exemption, 

applicants will continue to be restricted 

to intrastate driving. With the 

exemption, applicants can drive in 

interstate commerce. Thus, the Agency’s 

analysis focuses on whether an equal or 

greater level of safety is likely to be 

achieved by permitting each of these 

drivers to drive in interstate commerce 

as opposed to restricting the driver to 

driving in intrastate commerce. 

Conclusion 

The Agency is granting exemptions 

from the epilepsy standard, 49 CFR 

391.41(b)(8), to five individuals based 

on a thorough evaluation of each 

driver’s qualifications, safety 

experience, and medical condition. 

Safety analysis of information relating to 

these five applicants meets the burden 

of showing that granting the exemptions 

would achieve a level of safety that is 

equivalent to or greater than the level 

that would be achieved without the 

exemption. By granting the exemptions, 

the interstate CMV industry will gain 

five highly trained and experienced 

drivers. In accordance with 49 U.S.C. 

31315(b)(1), each exemption will be 

valid for 2 years, with annual 

recertification required unless revoked 

earlier by FMCSA. The exemption will 

be revoked if the following occurs: (1) 


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70920 Federal Register / Vol. 79, No. 229 / Friday, November 28, 2014 / Notices 

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 prior to being granted; or (3) 

continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136 and 31315. 

FMCSA exempts the following five 

drivers for a period of 2 years with 

annual medical certification required: 

Jeffrey Ballweg (WI); Bryan Couture (RI); 

Michael Ranalli (PA); Lonnie Rieker 

(IL); and Jay Whitehead (NY) from the 

prohibition of CMV operations by 

persons with a clinical diagnosis of 

epilepsy or seizures. If the exemption is 

still in effect 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: November 21, 2014. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2014–28071 Filed 11–26–14; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0309] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemptions request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 63 individuals for 

exemption from the prohibition against 

persons with insulin-treated diabetes 

mellitus (ITDM) operating commercial 

motor vehicles (CMVs) in interstate 

commerce. If granted, the exemptions 

would enable these individuals with 

ITDM to operate CMVs in interstate 

commerce. 

DATES: Comments must be received on 

or before December 29, 2014. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2014–0309 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://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: 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 numbers for this notice. Note 

that all comments received will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below for 

further information. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

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: Anyone may search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or of the person signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s Privacy Act 

Statement for the Federal Docket 

Management System (FDMS) published 

in the Federal Register on January 17, 

2008 (73 FR 3316). 

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 grant an exemption from 

the Federal Motor Carrier Safety 

Regulations for a 2-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 

statute also allows the Agency to renew 

exemptions at the end of the 2-year 

period. The 63 individuals listed in this 

notice have recently requested such an 

exemption from the diabetes prohibition 

in 49 CFR 391.41(b)(3), which applies to 

drivers of CMVs in interstate commerce. 

Accordingly, the Agency will evaluate 

the qualifications of each applicant to 

determine whether granting the 

exemption will achieve the required 

level of safety mandated by statute. 

II. Qualifications of Applicants 

Andrew P. Bivens 

Mr. Bivens, 21, has had ITDM since 

1998. His endocrinologist examined him 

in 2014 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Bivens understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Bivens meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2014 and certified that 

he does not have diabetic retinopathy. 

He holds an operator’s license from 

Tennessee. 

Everett D. Blevins 

Mr. Blevins, 50, has had ITDM since 

1994. His endocrinologist examined him 

in 2014 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (2 or 

more) severe hypoglycemic episodes in 

the last 5 years. His endocrinologist 

certifies that Mr. Blevins understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Blevins meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2014 and certified that 

he does not have diabetic retinopathy. 

He holds an operator’s license from 

Kentucky. 

Kevin K. Brown 

Mr. Brown, 36, has had ITDM since 

2013. His endocrinologist examined him 

in 2014 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 


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