Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 28337 

has driven straight trucks for six years, 

accumulating 180,000 miles, and 

tractor-trailer combinations for four 

years, accumulating 40,000 miles. He 

holds an operator’s license from South 

Dakota. His driving record for the last 

three years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Marco A. Pinto 

Mr. Pinto, 70, has a prosthetic left eye 

due to a traumatic incident in 2001. The 

visual acuity in his right eye is 20/20, 

and in his left eye, no light perception. 

Following an examination in 2018, his 

ophthalmologist stated, ‘‘I believe he 

has sufficient vision to perform the 

driving tasks needed to operate a 

commercial vehicle.’’ Mr. Pinto reported 

that he has driven tractor-trailer 

combinations for 54 years, accumulating 

5.4 million miles. He holds a Class A 

CDL from New York. His driving record 

for the last three years shows no crashes 

and no convictions for moving 

violations in a CMV. 

Andrew R. Sampson, Jr. 

Mr. Sampson, 50, has complete loss of 

vision in his left eye due to a ruptured 

globe in childhood. The visual acuity in 

his right eye is 20/15, and in his left eye, 

no light perception. Following an 

examination in 2018, his optometrist 

stated, ‘‘I certify that Mr. Sampson, in 

my medical opinion, has sufficient 

vision to perform driving tasks required 

to operate a commercial vehicle.’’ Mr. 

Sampson reported that he has driven 

straight trucks for 15 years, 

accumulating 720,000 miles, and 

tractor-trailer combinations for two 

years, accumulating 80,000 miles. He 

holds a Class A CDL from Maryland. His 

driving record for the last three years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Khamla Vongvoraseng 

Ms. Vongvoraseng, 37, has had 

amblyopia in her right eye since 

childhood. The visual acuity in her right 

eye is 20/100, and in her left eye, 20/ 

20. Following an examination in 2018, 

her optometrist stated, ‘‘Without a 

doubt, I certify that in my medical 

opinion, Ms. Khamla Vongvoraseng has 

sufficient vision to perform the driving 

task required to operate a commercial 

vehicle.’’ Ms. Vongvoraseng reported 

that she has driven straight trucks for 

five years, accumulating 121,920 miles. 

She holds an operator’s license from 

North Carolina. Her driving record for 

the last three years shows no crashes 

and no convictions for moving 

violations in a CMV. 

III. Request for Comments 

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

and 31315, FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. We will consider all 

comments and material received before 

the close of business on the closing date 

indicated in the dates section of the 

notice. 

IV. Submitting Comments 

You may submit your comments and 

material online or by fax, mail, or hand 

delivery, but please use only one of 

these means. FMCSA recommends that 

you include your name and a mailing 

address, an email address, or a phone 

number in the body of your document 

so that FMCSA can contact you if there 

are questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov and in the 

search box insert the docket number 

FMCSA–2018–0013 and click the search 

button. When the new screen appears, 

click on the blue ‘‘Comment Now!’’ 

button on the right hand side of the 

page. On the new page, enter 

information required including the 

specific section of this document to 

which each comment applies, and 

provide a reason for each suggestion or 

recommendation. If you submit your 

comments by mail or hand delivery, 

submit them in an unbound format, no 

larger than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit comments by mail and would 

like to know that they reached the 

facility, please enclose a stamped, selfaddressed postcard or envelope. 

We will consider all comments and 

materials received during the comment 

period. FMCSA may issue a final 

determination at any time after the close 

of the comment period. 

V. Viewing Comments and Documents 

To view comments, as well as any 

documents mentioned in this preamble, 

go to http://www.regulations.gov and in 

the search box insert the docket number 

FMCSA–2018–0013 and click ‘‘Search.’’ 

Next, click ‘‘Open Docket Folder’’ and 

you will find all documents and 

comments related to this notice. 

Issued on: June 11, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–13006 Filed 6–15–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2018–0024] 

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 72 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. 


amozie on DSK3GDR082PROD with NOTICES1
28338 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 

II. Background 

On April 9, 2018, FMCSA published 

a notice announcing receipt of 

applications from 72 individuals 

requesting an exemption from diabetes 

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

requested comments from the public (83 

FR 15202). The public comment period 

ended on May 9, 2018, and no 

comments were 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 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 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 

each applicant were stated and 

discussed in detail in the April 9, 2018, 

Federal Register notice (83 FR 15202) 

and will not be repeated in this notice. 

These 72 applicants have had ITDM 

over a range of 1 to 32 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 72 

exemption applications, FMCSA 

exempts the following drivers from the 

diabetes requirement in 49 CFR 

391.41(b)(10), subject to the 

requirements cited above: 

Anthony R. Adamo (NY) 

Waleid M. Aly (NJ) 

Danny T. Anderson (GA) 

Robert F. Araway, II (MI) 

Roger M. Aschan (IA) 

James V. Azzarello (PA) 

Curtis B. Baker (DE) 

Keith L. Banitt (MN) 

Robert L. Bates (TX) 

Timmy L. Bergman (IN) 

John G. Biggs (MO) 

Jason R. Brown (IA) 

David W. Burkholder (PA) 

Jeffrey J. Burrichter (TX) 

Lou M. Cain (TX) 

Brayden S. Carothers (UT) 

William E. Carr (MA) 

Ebon T. Christian (CA) 

Yasser A. Daadour (WA) 

Michael C. Elliott (KY) 

Michael A. Fowler (OH) 

Corey J. Gillard (TN) 

John D. Goodrich (NE) 

Mike Gordon (CA) 

Daniel W. Greene (IN) 

Rodney K. Hammond (IN) 

Kasey D. Hardie (WA) 

Donald F. Higgins (IN) 

Raymond O. Hill (IL) 

Peter M. Hluchaniuk (FL) 

Phillip G. Hortin (IN) 

Robert C. Hosfelt (PA) 

Benjirman A. Hufstedler (NE) 

Terry A. Jeralds (IL) 

Nicholas L. Judd (KS) 

Joseph Kohorst (TX) 

Matthew J. Lacey, Sr. (IL) 

Douglas B. Lampela (MI) 

Timothy Leroux (MA) 

Robert A. Lukasavage (PA) 

Elias Martinez-Medina (ID) 

Michael E. Maxcy (MS) 

Edwin P. McNamara (SD) 

Barbara J. McNew (IN) 

William A. Mejia (MA) 

David L. Mitchell (IA) 

Ibrahim Moussa (IN) 

Steven E. Nixon (CO) 

Kendrick D. Northan (VA) 

Robert L. Pae, Jr. (NJ) 

James A. Parnell (SC) 

Tyler D. Pittsley (ND) 

Austin L. Powell (TX) 

Randolph L. Saunders (PA) 

Thomas J. Scholten (MI) 

Gerod M. Scott (SC) 

Patty A. Sealy (AL) 

Elvin L. Shaum (OH) 

Joseph A. Snyder (OH) 

Brandon T. Staebler (OR) 

Max H. Swartz, Jr. (PA) 

Brian J. Tegeler (IL) 

Tony L. Tracy (IN) 

Jonathan P. Tschannen (IL) 

Philip C. Vanderiet (TX) 

David W. Vickmark (MN) 

Aaron A. Ward (IL) 

Jerry C. Ward (LA) 

Michael A. Wells (GA) 

Kennie O. Williams (NC) 

Robert V. Woodrup (NC) 

Joseph H. Woods (OH) 

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 


amozie on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 28339 

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. 2018–13011 Filed 6–15–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2018–0025] 

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 40 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 30, 2018. The exemptions 

expire on May 30, 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 27, 2018, FMCSA published 

a notice announcing receipt of 

applications from 40 individuals 

requesting an exemption from diabetes 

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

requested comments from the public (83 

FR 18627). The public comment period 

ended on May 29, 2018, and no 

comments were 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 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 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 

each applicant were stated and 

discussed in detail in the April 27, 

2018, Federal Register notice (83 FR 

18627) and will not be repeated in this 

notice. 

These 40 applicants have had ITDM 

over a range of 1 to 37 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. 


amozie on DSK3GDR082PROD with NOTICES1