Qualification of Drivers; Exemption Applications; Diabetes Mellitus

Larry W. Minor
Federal Motor Carrier Safety Administration
August 27, 2014

[Federal Register Volume 79, Number 166 (Wednesday, August 27, 2014)]
[Notices]
[Pages 51223-51224]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20367]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0017]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA confirms its decision to exempt 72 individuals from its 
rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) 
from operating commercial motor vehicles (CMVs) in interstate commerce. 
The exemptions allow these individuals to operate CMVs in interstate 
commerce.

DATES: The new exemptions were granted on July 25, 2014. All exemptions 
expire two years from the effective date.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical 
Programs Division, 202-366-4001, U.S. Department of Transportation, 
FMCSA, 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:

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 dockets 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: 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 Privacy Act Statement for the Federal 
Docket Management System (FDMS) published in the Federal Register on 
January 17, 2008 (73 FR 3316).

Background

    FMCSA has published notices of receipt of Federal diabetes 
exemption applications and its intent to grant the exemptions. The 
Agency also requested comments from the public. The comment period 
closed 30 days after the publication date and the exemptions were 
issued the day after the comment period closed.
    FMCSA evaluated the eligibility of the drivers 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).
    The determining criteria for and the conditions and requirements of 
the exemptions, to which all exempted drivers are subject, were 
discussed in detail when the docket was originally published (79 FR 
35844). As always, any adverse comments that come in after the 
exemption is granted will be evaluated, and if they indicate that the 
driver is not achieving a level of safety equivalent to or greater than 
the level of safety that would be obtained by complying with the 
regulation, the exemption will be revoked. When

[[Page 51224]]

granted, the exemptions will enable these individuals with ITDM to 
operate in interstate commerce.

Exemptions Granted

    The following 72 individuals were included in Docket No. FMCSA-
2014-0017 (79 FR 35844), published on June 24, 2014:
Todd Y. Albright (MT)
Weslyn E. Allen (IL)
John H. Ascheman (MN)
Robert M. Borunda (CA)
Alan F. Brown Jr. (IN)
Forrest L. Burghard (PA)
Theodore W. Burnette (CA)
Kevin M. Butler (CA)
John Canal (NY)
Anthony C. Cole (WY)
Kevin G. Comstock (MN)
Jacob S. Crawford (GA)
Christopher Dave (MI)
Anthony J. Davis (IN)
Justin J. Day (SD)
Charles G. Denegal (WA)
Wayne H. Dirks (WA)
Charles G. Elliot (IN)
Joseph S. Farrow (MN)
James R. Fiecke (ND)
Rebecca A. Frye (IN)
Eric C. Gambill (OH)
Mark P. Gerrits (WI)
Michael Gilon (NH)
Chance A. Gooch (GA)
Robert L. Harris (IN)
William G. Harvey (OR)
Darrel S. Haynes (PA)
Joseph D. Helget (OR)
Charles D. Henderson (NY)
Russell J. Hicks (MN)
Stephen L. Hill (NY)
Marvin S. Howard (OH)
Larry A. Hrdlicka (IA)
Michael L. Jackson (NC)
Eric A. Knox (KY)
Erik M. Lindquist (WA)
Thomas K. Linkel (IN)
Christine I. Llewellyn (IL)
Larry D. Lynds (ME)
Ryan A. Malandrone (WI)
Thomas J. Manning (MN)
Joseph R. Martinez (AZ)
Steve A. Meharry (WA)
Robert A. Miller Jr. (WV)
Ben G. Moore (IL)
Chad M. Morris (NY)
Paul C. Mortenson (WI)
William D. Murray (AL)
Jacob D. Nafziger (OH)
Edward T. Nauer (VA)
Keith W. Nichols (TX)
Mark A. Novak (WI)
Colin R. Parmelee (IN)
Michelle L. Perkins (WA)
Robert S. Schreiber (PA)
Matthew P. Sczpanski (OH)
Jason F. Snyder (ME)
Anthony S. Sobreiro (NJ)
Carl A. Spivey (AL)
Colby E. Starner (PA)
Daniel E. Stephens (NY)
Robert A. Stewart (IA)
Bartholomew Taliaferro (PA)
Johnathan D. Truitt (IL)
Brett T. Tyler (OK)
Rylan P. Wheeler (IL)
Gordon J. White (MO)
Kelly L. Whitley (NC)
Jerry R. Williams (GA)
Charles L. Wojton (PA)
Steven L. Zimmer (OH)
    The public comment period for this docket closed on July 24, 2014 
and the exemptions were issued and effective on July 25, 2014. The 
exemptions will expire two years from the effective date on July 25, 
2016.
    FMCSA received two comments in this proceeding. The comments are 
considered and discussed below.
    An anonymous commenter stated that he or she is in favor of 
granting the exemptions to the aforementioned drivers.
    Another anonymous commenter stated that a person ``with diabetes 
that monitors their sugar levels, takes their medications as directed, 
watches their food intake and regularly makes doctor visits is 
healthier than most people.''
    Two drivers published in the Docket No. FMCSA-2014-0017 (79 FR 
35844), Gary L. Burkett (IL) and Frank E. Shamer (MD), are no longer 
using insulin and therefore do not need an exemption.

    Issued On: August 20, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-20367 Filed 8-26-14; 8:45 am]
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