Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 28329 

deficiencies are good predictors of 

future performance, FMCSA concludes 

their ability to drive safely can be 

projected into the future. 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the vision requirement in 49 CFR 

391.41(b)(10) 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 are provided to the 

applicants in the exemption document 

and includes the following: (1) Each 

driver must be physically examined 

every year (a) by an ophthalmologist or 

optometrist who attests that the vision 

in the better eye continues to meet the 

standard in 49 CFR 391.41(b)(10) and (b) 

by a certified Medical Examiner who 

attests that the individual is otherwise 

physically qualified under 49 CFR 

391.41; (2) each driver must provide a 

copy of the ophthalmologist’s or 

optometrist’s report to the Medical 

Examiner at the time of the annual 

medical examination; and (3) each 

driver must 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 

self-employed. The driver must also 

have a copy of the exemption when 

driving, for presentation to a duly 

authorized Federal, State, or local 

enforcement official. 

VI. Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with this 

exemption with respect to a person 

operating under the exemption. 

VII. Conclusion 

Based upon its evaluation of the 13 

exemption applications, FMCSA 

exempts the following drivers from the 

vision requirement, 49 CFR 

391.41(b)(10), subject to the 

requirements cited above: 

Ahmed Abukhatwa (MI) 

James A. Barlow (OH) 

Thomas R. Danser (PA) 

Jerome DeFabo, Jr. (PA) 

Jorge Gonzales (FL) 

Jimmy D. Johnson (MS) 

Michael S. Mai (KS) 

Jose M. Rios (NY) 

Michael B. Sauseda (IL) 

Steven D. Schlichting (NE) 

Jesse P. Schuster (ND) 

Joseph L. Smith (WV) 

Larry L. Stewart (NC) 

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

and 31315, each exemption will be valid 

for two years from the effective date 

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 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. 

Issued on: June 11, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–13008 Filed 6–15–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2018–0023] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt 46 individuals from 

the prohibition in the Federal Motor 

Carrier Safety Regulations (FMCSRs) 

against persons with insulin-treated 

diabetes mellitus (ITDM) from operating 

a commercial motor vehicle (CMV) in 

interstate commerce. The exemptions 

enable these individuals with ITDM to 

operate CMVs in interstate commerce. 

DATES: The exemptions were applicable 

on May 10, 2018. The exemptions 

expire on May 10, 2020. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, 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., e.t., 

Monday through Friday, except Federal 

holidays. If you have questions 

regarding viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

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., e.t., 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 http://www.regulations.gov, 

as described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/ 

privacy. 

II. Background 

On April 9, 2018, FMCSA published 

a notice announcing receipt of 

applications from 46 individuals 

requesting an exemption from diabetes 

requirement in 49 CFR 391.41(b)(3) and 

requested comments from the public (83 

FR 15225). The public comment period 

ended on May 9, 2018, and one 

comment was received. 

FMCSA has evaluated the eligibility 

of these 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). 

The physical qualification standard 

for drivers regarding diabetes found in 

49 CFR 391.41(b)(3) states that a person 

is physically qualified to drive a CMV 

if that person has no established 

medical history or clinical diagnosis of 

diabetes mellitus currently requiring 

insulin for control. 

III. Discussion of Comments 

FMCSA received one comments in 

this proceeding. Mr. Norman Le Doux 

Sr. stated his company supports Mr. 

Daniel Howell receiving his Federal 

diabetes exemption. 

IV. Basis for Exemption Determination 

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

FMCSA may grant an exemption from 

the diabetes standard 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. 

The Agency’s decision regarding these 

exemption applications is based on the 

program eligibility criteria and an 

individualized assessment of 

information submitted by each 

applicant. The qualifications, 

experience, and medical condition of 


amozie on DSK3GDR082PROD with NOTICES1
28330 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 

each applicant were stated and 

discussed in detail in the April 9, 2018, 

Federal Register notice (83 FR 15225) 

and will not be repeated in this notice. 

These 46 applicants have had ITDM 

over a range of 1 to 28 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 (two or more) severe 

hypoglycemic episodes in the past five 

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). 

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 are provided to the 

applicants in the exemption document 

and includes the following: (1) Each 

driver must submit a quarterly 

monitoring checklist completed by the 

treating endocrinologist as well as an 

annual checklist with a comprehensive 

medical evaluation; (2) each driver must 

report within two 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) each driver must 

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) each 

driver must provide a copy of the 

annual medical certification to the 

employer for retention in the driver’s 

qualification file, or keeping a copy in 

his/her driver’s qualification file if he/ 

she is self-employed. The driver must 

also have a copy of the exemption when 

driving, for presentation to a duly 

authorized Federal, State, or local 

enforcement official. 

VI. Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with this 

exemption with respect to a person 

operating under the exemption. 

VII. Conclusion 

Based upon its evaluation of the 46 

exemption applications, FMCSA 

exempts the following drivers from the 

diabetes requirement in 49 CFR 

391.41(b)(10), subject to the 

requirements cited above: 

Mark G. Albertson (NY) 

Duane L. Barrett (AL) 

Marvin L. Bodey (TX) 

Kevin A. Cardona (NY) 

James W. Carlson (WI) 

Kyle E. Caswell (MA) 

Nathaniel W. Curry (NC) 

Henry H. Daugherty (PA) 

Victor D. Davis (DE) 

Todd E. Dawson (MI) 

James A. Denmark (GA) 

John V. Dobrowski (NH) 

Michael W. Driggers (SC) 

Michael J. Duffey (VA) 

Timothy L. Ebbers (IL) 

Alfred K. Estes (WI) 

Travis L. Gelbrich (OR) 

Wyllshaun A. Gipson (ME) 

Adam K. Graham (PA) 

Nicholas D. Haggerty (WV) 

John A. Hayes (NY) 

Dennis R. Henry (TX) 

Kenneth R. Henry (TX) 

Robert T. Holcombe (TN) 

Richard P. Houle (WA) 

Daniel S. Howell (PA) 

Christopher S. Justice (NC) 

William T. Kribell (SD) 

Jason A. Lantz (MN) 

Dennis A. Lightbown (CO) 

Anthony L. Maita (PA) 

Robert M. Matthies (MA) 

James J.P. May (CA) 

Dale H.N. McCann (PA) 

James L. Morgan, Jr. (NC) 

William L. Nicklas (PA) 

Lorenzo E. Romo (TX) 

Dennis K. Rottenbucher (SD) 

Gregory Schembri (PA) 

Douglas R. Schrader (WI) 

Ethan J. Stewmon (TN) 

Charles F. Stockton (MO) 

Michael E. Thomas (NE) 

Benjamin D. Utoft (IA) 

Cassandra D. Waters (MD) 

Daniel J. Welch (MI) 

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

and 31315, each exemption will be valid 

for two years from the effective date 

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 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(e) and 

31315. 

Issued on: June 11, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–13009 Filed 6–15–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0322; FMCSA– 

2013–0122; FMCSA–2013–0123; FMCSA– 

2015–0329; FMCSA–2013–0124] 

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 exemptions for 19 

individuals from the hearing 

requirement in the Federal Motor 

Carrier Safety Regulations (FMCSRs) for 

interstate commercial motor vehicle 

(CMV) drivers. The exemptions enable 

these hard of hearing and deaf 

individuals to continue to operate CMVs 

in interstate commerce. 

DATES: Each group of renewed 

exemptions were applicable on the 

dates stated in the discussions below 

and will expire on the dates stated in 

the discussions below. Comments must 

be received on or before July 18, 2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2012–0322; FMCSA–2013–0122; 

FMCSA–2013–0123; FMCSA–2015– 

0329; and FMCSA–13–0124 using any 

of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online 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., e.t., 

Monday through Friday, except Federal 

Holidays. 

• Fax: 1–202–493–2251. 


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