1070 Federal Register / Vol. 80, No. 5 / Thursday, January 8, 2015 / Notices 

workday. FMCSA considers the request 

to be on behalf of all motor carriers and 

drivers when transporting bees. 

DATES: Comments must be received on 

or before February 9, 2015. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System Number FMCSA– 

2014–0445 by any of the following 

methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 1–202–493–2251. 

• 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., 

between 9 a.m. and 5 p.m. E.T., Monday 

through Friday, except Federal holidays. 

Instructions: All submissions must 

include the Agency name and docket 

number. For detailed instructions on 

submitting comments and additional 

information on the exemption process, 

see the Public Participation heading 

below. Note that all comments received 

will be posted without change to 

www.regulations.gov, including any 

personal information provided. Please 

also see the Privacy Act heading below. 

Docket: For access to the docket to 

read background documents or 

comments received, go to 

www.regulations.gov, and follow the 

online instructions for accessing the 

dockets, or go to the street address listed 

above. 

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. 

Public participation: The Federal 

eRulemaking Portal is available 24 

hours each day, 365 days each year. You 

can obtain electronic submission and 

retrieval help and guidelines under the 

‘‘help’’ section of the Federal 

eRulemaking Portal Web site. If you 

want us to notify you that we received 

your comments, please include a selfaddressed, stamped envelope or 

postcard, or print the acknowledgement 

page that appears after submitting 

comments online. Comments received 

after the comment closing date will be 

included in the docket and will be 

considered to the extent practicable. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert F. Schultz, Jr., FMCSA Driver 

and Carrier Operations Division; Office 

of Carrier, Driver and Vehicle Safety 

Standards; Telephone: 202–366–4325. 

Email: MCPSD@dot.gov. 

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. Before doing 

so, the Agency must provide an 

opportunity for public comment. The 

Agency is required to publish a notice 

of each exemption request in the 

Federal Register (49 CFR 381.315(a)), 

providing the public an opportunity to 

inspect the information relevant to the 

application, including any safety 

analyses that have been conducted, and 

to comment on the request. FMCSA 

must review the safety analyses and 

public comments submitted and 

determine 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 must publish its decision in 

the Federal Register (49 CFR 

381.315(b)) and state the reasons for 

denying or granting the application. If 

the exemption is granted, the notice 

must include the name of the person or 

entity, or class of persons, receiving the 

exemption, and the regulation from 

which the exemption is granted. The 

notice must also specify the effective 

period of the exemption and state the 

terms and conditions of the exemption, 

if any. The exemption may be renewed 

(49 CFR 381.300(b)). 

On December 27, 2011, FMCSA 

published a final rule establishing 

mandatory rest breaks for CMV drivers 

(76 FR 81133). Effective July 1, 2013, 

drivers were barred from operating a 

CMV if 8 hours or more had elapsed 

since the end of their last off-duty or 

sleeper-berth period of at least 30 

minutes [49 CFR 395.3(a)(3)(ii)]. FMCSA 

did not specify when drivers must take 

the 30-minute break. 

Request for Exemption 

CFBF is a trade organization 

representing various stakeholders in the 

beekeeping industry, including those 

who provide bee-pollination services 

and those who benefit from these 

services. Many crops in the U.S. require 

bee pollination, including almonds, 

apples, lettuce, and several varieties of 

berries. There is no substitute for the 

pollination provided by bees. CFBF 

cites a report in Scientific American 

concluding that in the absence of bee 

pollination, the United States could lose 

one third of its crops. CFBF states that 

the number of bee colonies has been 

declining for several decades. Recently, 

the Obama administration established 

the Pollinator Health Task Force chaired 

by the Secretaries of Agriculture and 

Environmental Protection to address 

problems related to this decline. 

Because of the reduced number of 

colonies available to pollinate, bees are 

transported long distances to provide 

crop pollination. CFBF states that the 

CMVs transporting bees must maintain 

a flow of cool, fresh air to the hives on 

board and that excessive heat in the 

CMV interior can jeopardize the health 

and welfare of the bees. CFBF maintains 

that if CMVs transporting hives were 

stopped for 30 minutes, particularly in 

warm weather, the risk of harm to the 

bees would be significant, and possibly 

fatal. A copy of the application for 

exemption is available for review in the 

docket for this notice. 

Request for Comments 

In accordance with 49 U.S.C. 31136(e) 

and 31315(b)(4), FMCSA requests public 

comment on CFBF’s application for an 

exemption from the rest-break 

requirement of 49 CFR 395.3(a)(3)(ii). 

The Agency will consider all comments 

received by close of business on 

February 9, 2015. 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: December 31, 2014. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–00101 Filed 1–7–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2014–0307] 

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 32 individuals from its rule 

prohibiting persons with insulin-treated 

diabetes mellitus (ITDM) from operating 

commercial motor vehicles (CMVs) in 

interstate commerce. The exemptions 


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Federal Register / Vol. 80, No. 5 / Thursday, January 8, 2015 / Notices 1071 

enable these individuals to operate 

CMVs in interstate commerce. 

DATES: The exemptions were effective 

on November 22, 2014. The exemptions 

expire on November 22, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Elaine M. Papp, R.N., Chief, Medical 

Programs Division, (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: 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 22, 2014, FMCSA 

published a notice of receipt of Federal 

diabetes exemption applications from 

32 individuals and requested comments 

from the public (79 FR 63214). The 

public comment period closed on 

November 21, 2014, and no comments 

were received. 

FMCSA has evaluated the eligibility 

of the 32 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 32 applicants have had ITDM 

over a range of 1 to 34 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 

22, 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 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 32 

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)): 

Jeffrey S. Argabright (OH) 

Darrell G. Brave (WA) 

Domingo Cantu (WA) 

Nicholas M. Cooper (FL) 

James L. Crane (MS) 

Bobby O. Devaney (AL) 

Donald L. Feltman (MN) 

Benjamin T. Filip (ND) 

Harold L. Gomez (LA) 

Arthur Gonzalez (TX) 

Charles W. Guillory (LA) 

Bernard Heffern (NJ) 


tkelley on DSK3SPTVN1PROD with NOTICES
1072 Federal Register / Vol. 80, No. 5 / Thursday, January 8, 2015 / Notices 

John W. Hurlbert (NJ) 

Roosevelt Isaiah (SC) 

William T. Jensen (NJ) 

Robert W. Johnson, Sr. (NY) 

Joseph H. Karas (NJ) 

Randy C. Lee (NY) 

Gerald R. Lewis (TN) 

John R. Miller, II (OR) 

Robert A. Nicolai (MO) 

William P. Pearson, II (WI) 

Alan M. Primus (IA) 

Otto E. Reimer (MT) 

Danny L. Reimers (NM) 

Michael L. Reynolds (NC) 

Samuel H. Schmidt (MN) 

Timothy W. Selk (AK) 

Dennis J. Stanley (IL) 

Howard J. Steinberg (MA) 

Steven M. Weimer (PA) 

Michael L. Westbury (SC) 

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: December 30, 2014. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–00097 Filed 1–7–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0154] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew the exemptions from 

the hearing requirement in the Federal 

Motor Carrier Safety Regulations for 15 

individuals. FMCSA has statutory 

authority to exempt individuals from 

the hearing 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. 

DATES: This decision is effective January 

12, 2015. Comments must be received 

on or before February 9, 2015. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) numbers: Docket No. 

[Docket No. FMCSA–2012–0154], 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 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 http://

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 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. 

C. 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. 

FOR FURTHER INFORMATION CONTACT: 

Elaine M. Papp, 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: 

Background 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may renew an exemption from 

the hearing requirement in 49 CFR 

391.41(b)(11), 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. 

Exemption Decision 

This notice addresses 15 individuals 

who have requested renewal of their 

exemptions in accordance with FMCSA 

procedures. FMCSA has evaluated these 

applications for renewal on their merits 

and decided to extend each exemption 

for a renewable two-year period. They 

are: 

David W. Bateman (MN) 

William B. Britt, Jr. (TN) 

Tyjuan M. Davis (FL) 

Randall R. Doane (TX) 

Alvin L. Johnson (GA) 

Jerry D. Jones (TX) 

Christopher Kuller (PA) 

Kathy K. Miller (IA) 

Larry J. Moss (CA) 

Jeremy R. Reams (KY) 

Daniel Schoultz (PA) 

James M. Skinner (FL) 

Justin J. Tretheway (WI) 

Mark Valimont (IA) 

Holly Cameron Wright, Jr. (NC) 

The exemption will be rescinded if: 

(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. 

Basis for Renewing Exemptions 

Under 49 U.S.C. 31315(b)(1), an 

exemption may be granted for no longer 

than two years from its approval date 

and may be renewed upon application 

for additional two year periods. In 


tkelley on DSK3SPTVN1PROD with NOTICES