33292 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices 

they require excessive interaction. The 

exemption application states that, as a 

result of frequent stops to pick up trash, 

its drivers re required to interact with 

the ELD ‘‘hundreds if not thousands of 

times a day.’’ WMH asserts that ELDs 

are not designed for such operations and 

that they lack ‘‘a provision for blocking 

service time.’’ WMH also states that the 

ELDs do not accurately capture the duty 

status of its drivers. According to the 

application, WMH has been actively 

working with its ELD provider to 

improve ELD performance in this 

environment, but that progress has been 

limited. WMH also asserts that the 

excessive driver-ELD interaction 

impacts ‘‘driver safety and the safety of 

the communities we serve.’’ 

WMH notes that certain CMV drivers 

may already operate up to 14 hours 

without forfeiting short-haul status, for 

example those in the ready-mixed 

concrete industry [49 CFR 

395.1(e)(1)(ii)(B)] or the asphalt-paving 

business [83 FR 3864, Jan. 26, 2018]. It 

asserts that WMH’s operations are 

similar to these industries because its 

drivers ‘‘spend a significant portion of 

their days conducting non-driving 

duties.’’ It states that WMH anticipates 

‘‘no reduction in safety from the 

exemption requested, and a potential for 

increased safety due to reduced [driver] 

distraction.’’ 

WMH cites its fatigue management 

program as further evidence that 

operations with the exemption in place 

would equal or exceed the level of 

safety under the current HOS 

regulations. This program includes the 

use of video event recorders triggered by 

unusual events suggestive of driver 

fatigue, like aggressive braking, steering, 

or acceleration. When WMH’s 

assessment of the recording indicates 

that driver fatigue is involved, WMH 

managers may discipline the driver. 

More commonly, WMH managers assess 

the driver’s overall lifestyle and health, 

including his or her off-duty activities 

and medical history, and counsel the 

individual on changes he or she can 

undertake to ameliorate fatigue. WMH 

managers also ride with each employeedriver several times a year to observe his 

or her performance. 

WMH requests a 5-year exemption. 

WMH’s application for exemption, 

including a list of its 84 operating 

companies, is available for review in the 

docket for this notice. 

Issued on: June 22, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–15264 Filed 7–16–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0014] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 13 individuals for an 

exemption from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations (FMCSRs) to operate a 

commercial motor vehicle (CMV) in 

interstate commerce. If granted, the 

exemptions will enable these 

individuals to operate CMVs in 

interstate commerce without meeting 

the vision requirement in one eye. 

DATES: Comments must be received on 

or before August 16, 2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2018–0014 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. 

Instructions: Each submission must 

include the Agency name and the 

docket number(s) 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., e.t., Monday through 

Friday, except Federal holidays. The 

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 online. 

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. 

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 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. Background 

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

FMCSA may grant an exemption from 

the FMCSRs for a five-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 five-year period. FMCSA grants 

exemptions from the FMCSRs for a twoyear period to align with the maximum 

duration of a driver’s medical 

certification. 

The 13 individuals listed in this 

notice have requested an exemption 

from the vision requirement in 49 CFR 

391.41(b)(10). Accordingly, the Agency 

will evaluate the qualifications of each 

applicant to determine whether granting 

an exemption will achieve the required 

level of safety mandated by statute. 

The physical qualification standard 

for drivers regarding vision found in 49 

CFR 391.41(b)(10) states that a person is 

physically qualified to drive a CMV if 

that person has distant visual acuity of 

at least 20/40 (Snellen) in each eye 

without corrective lenses or visual 

acuity separately corrected to 20/40 

(Snellen) or better with corrective 

lenses, distant binocular acuity of at 

least 20/40 (Snellen) in both eyes with 

or without corrective lenses, field of 

vision of at least 70° in the horizontal 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices 33293 

Meridian in each eye, and the ability to 

recognize the colors of traffic signals 

and devices showing standard red, 

green, and amber. 

In July 1992, the Agency first 

published the criteria for the Vision 

Waiver Program, which listed the 

conditions and reporting standards that 

CMV drivers approved for participation 

would need to meet (Qualification of 

Drivers; Vision Waivers, 57 FR 31458, 

July 16, 1992). The current Vision 

Exemption Program was established in 

1998, following the enactment of 

amendments to the statutes governing 

exemptions made by § 4007 of the 

Transportation Equity Act for the 21st 

Century (TEA–21), Public Law 105–178, 

112 Stat. 107, 401 (June 9, 1998). Vision 

exemptions are considered under the 

procedures established in 49 CFR part 

381 subpart C, on a case-by-case basis 

upon application by CMV drivers who 

do not meet the vision standards of 49 

CFR 391.41(b)(10). 

To qualify for an exemption from the 

vision requirement, FMCSA requires a 

person to present verifiable evidence 

that he/she has driven a commercial 

vehicle safely with the vision deficiency 

for the past three years. Recent driving 

performance is especially important in 

evaluating future safety, according to 

several research studies designed to 

correlate past and future driving 

performance. Results of these studies 

support the principle that the best 

predictor of future performance by a 

driver is his/her past record of crashes 

and traffic violations. Copies of the 

studies may be found at Docket Number 

FMCSA–1998–3637. 

FMCSA believes it can properly apply 

the principle to monocular drivers, 

because data from the Federal Highway 

Administration’s (FHWA) former waiver 

study program clearly demonstrated the 

driving performance of experienced 

monocular drivers in the program is 

better than that of all CMV drivers 

collectively (See 61 FR 13338, 13345, 

March 26, 1996). The fact that 

experienced monocular drivers 

demonstrated safe driving records in the 

waiver program supports a conclusion 

that other monocular drivers, meeting 

the same qualifying conditions as those 

required by the waiver program, are also 

likely to have adapted to their vision 

deficiency and will continue to operate 

safely. 

The first major research correlating 

past and future performance was done 

in England by Greenwood and Yule in 

1920. Subsequent studies, building on 

that model, concluded that crash rates 

for the same individual exposed to 

certain risks for two different time 

periods vary only slightly (See Bates 

and Neyman, University of California 

Publications in Statistics, April 1952). 

Other studies demonstrated theories of 

predicting crash proneness from crash 

history coupled with other factors. 

These factors—such as age, sex, 

geographic location, mileage driven and 

conviction history—are used every day 

by insurance companies and motor 

vehicle bureaus to predict the 

probability of an individual 

experiencing future crashes (See Weber, 

Donald C., ‘‘Accident Rate Potential: An 

Application of Multiple Regression 

Analysis of a Poisson Process,’’ Journal 

of American Statistical Association, 

June 1971). A 1964 California Driver 

Record Study prepared by the California 

Department of Motor Vehicles 

concluded that the best overall crash 

predictor for both concurrent and 

nonconcurrent events is the number of 

single convictions. This study used 

three consecutive years of data, 

comparing the experiences of drivers in 

the first two years with their 

experiences in the final year. 

II. Qualifications of Applicants 

Ronald D. Blakely 

Mr. Blakely, 63, has had amblyopia in 

his left eye since childhood. The visual 

acuity in his right eye is 20/20, and in 

his left eye, 20/50. Following an 

examination in 2018, his optometrist 

stated, ‘‘I feel that Ron has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle since the amblyopia is 

longstanding, stable, and he is well 

adjusted.’’ Mr. Blakely reported that he 

has driven straight trucks for 35 years, 

accumulating 1.58 million miles, and 

buses for one year, accumulating 25,000 

miles. He holds a Class CB CDL from 

Michigan. His driving record for the last 

three years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Homero Dominguez 

Mr. Dominguez, 51, has a prosthetic 

left eye due to a traumatic incident in 

2000. The visual acuity in his right eye 

is 20/20, and in his left eye, no light 

perception. Following an examination 

in 2018, his optometrist stated, ‘‘In my 

opinion Mr. Dominguez has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Dominguez reported that 

he has driven tractor-trailer 

combinations for four years, 

accumulating 340,000 miles. He holds a 

Class A CDL from Texas. His driving 

record for the last three years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Larry L. George 

Mr. George, 59, has had a corneal scar 

in his right eye since childhood. The 

visual acuity in his right eye is counting 

fingers, and in his left eye, 20/25. 

Following an examination in 2018, his 

ophthalmologist stated, ‘‘Mr. George’s 

vision is sufficient to drive a 

commercial vehicle.’’ Mr. George 

reported that he has driven straight 

trucks for two years, accumulating 

100,000 miles, and tractor-trailer 

combinations for 30 years, accumulating 

6 million miles. He holds an operator’s 

license from Louisiana. His driving 

record for the last three years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Jason C. Hetrick 

Mr. Hetrick, 38, has complete loss of 

vision in his left eye due to a traumatic 

incident in 1987. The visual acuity in 

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

no light perception. Following an 

examination in 2018, his optometrist 

stated, ‘‘Based on my understanding of 

the visual requirements for commercial 

vehicle operation, Mr. Hetrick has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Hetrick reported that he 

has driven straight trucks for 25 years, 

accumulating 381,250 miles, and 

tractor-trailer combinations for seven 

years, accumulating 3,500 miles. He 

holds an operator’s license from 

Pennsylvania. His driving record for the 

last three years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Michael A. Hildebrand 

Mr. Hildebrand, 40, has had posterior 

staphyloma in his right eye since 

childhood. The visual acuity in his right 

eye is count fingers, and in his left eye, 

20/20. Following an examination in 

2018, his optometrist stated, ‘‘In my 

medical opinion, Michael Hildebrand 

has sufficient vision to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Hildebrand 

reported that he has driven straight 

trucks for 12 years, accumulating 

374,400 miles. He holds an operator’s 

license from Pennsylvania. His driving 

record for the last three years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Junior M. Isenberg 

Mr. Isenberg, 63, has had amblyopia 

in his left eye since birth. The visual 

acuity in his right eye is 20/20, and in 

his left eye, 20/400. Following an 

examination in 2018, his optometrist 

stated, ‘‘In my opinion, Junior Isenberg 

has sufficient vision to perform the 


daltland on DSKBBV9HB2PROD with NOTICES
33294 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices 

driving task to operate a commercial 

vehicle.’’ Mr. Isenberg reported that he 

has driven straight trucks for 30 years, 

accumulating 1.5 million miles. He 

holds a Class B CDL from Kentucky. His 

driving record for the last three years 

shows no crashes and no convictions for 

moving violations in a CMV. 

David G. Livingston 

Mr. Livingston, 55, has had amblyopia 

in his right eye since childhood. The 

visual acuity in his right eye is 20/200, 

and in his left eye, 20/20. Following an 

examination in 2018, his optometrist 

stated, ‘‘This is a second letter to 

express that it is my medical opinion 

that Mr. Livingston has sufficient vision 

in his left eye to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Livingston reported that 

he has driven straight trucks for 18 

years, accumulating 360,000 miles, and 

tractor-trailer combinations for 18 years, 

accumulating 360,000 miles. He holds a 

Class A CDL from Vermont. His driving 

record for the last three years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Joseph P. Markley 

Mr. Markley, 61, has had macular 

myelinated nerve fibers in his right eye 

since birth. The visual acuity in his 

right eye is counting fingers, and in his 

left eye, 20/25. Following an 

examination in 2018, his 

ophthalmologist stated, ‘‘Mr. Markley 

has sufficient vision in left eye to 

perform the tasks required to operate a 

commercial vehicle.’’ Mr. Markley 

reported that he has driven straight 

trucks for 39 years, accumulating 42,900 

miles, and tractor-trailer combinations 

for 39 years, accumulating 91,650 miles. 

He holds a Class AM CDL from 

Pennsylvania. His driving record for the 

last three years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Derek L. Redford 

Mr. Redford, 65, has an irregularly 

shaped pupil in his left eye due to a 

traumatic incident in childhood. The 

visual acuity in his right eye is 20/20, 

and in his left eye, counting fingers. 

Following an examination in 2018, his 

optometrist stated, ‘‘I hereby certify that 

in my medical opinion the patient has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Redford reported that he 

has driven straight trucks for ten years, 

accumulating 500,000 miles. He holds 

an operator’s license from Idaho. His 

driving record for the last three years 

shows no crashes and no convictions for 

moving violations in a CMV. 

David Tavarez 

Mr. Tavarez, 49, has had amblyopia in 

his right eye since birth. The visual 

acuity in his right eye is hand motion, 

and in his left eye, 20/20. Following an 

examination in 2018, his optometrist 

stated, ‘‘Based upon the color vision 

testing,binocular [sic] field of vision 

tests and quality of vision in his left eye, 

it is my medical opinion that Mr. David 

Tavarez can adequately operate a 

commercial motor vehicle at this time.’’ 

Mr. Tavarez reported that he has driven 

straight trucks for 21 years, 

accumulating 630,000 miles. He holds 

an operator’s license from New Jersey. 

His driving record for the last three 

years shows no crashes and no 

convictions for moving violations in a 

CMV. 

William B. Van Drielen 

Mr. Van Drielen, 56, has a macular 

scar in his left eye due to a traumatic 

incident in 2012. The visual acuity in 

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

20/50. Following an examination in 

2018, his optometrist stated, ‘‘In my 

medical opinion, Mr. Vandrielen [sic] 

has sufficient vision to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Van Drielen 

reported that he has driven straight 

trucks for five years, accumulating 1 

million miles, and tractor-trailer 

combinations for 36 years, accumulating 

3.85 million miles. He holds a Class AM 

CDL from Nevada. His driving record for 

the last three years shows no crashes 

and no convictions for moving 

violations in a CMV. 

Willie R. White, Jr. 

Mr. White, 62, has had optic nerve 

damage in his left eye since 2012. The 

visual acuity in his right eye is 20/20, 

and in his left eye, light perception. 

Following an examination in 2018, his 

optometrist stated, ‘‘In my medical 

opinion this patient has sufficient vision 

to perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

White reported that he has driven 

straight trucks for ten years, 

accumulating 150,000 miles, and 

tractor-trailer combinations for 20 years, 

accumulating two million miles. He 

holds a Class A CDL from Nevada. His 

driving record for the last three years 

shows no crashes and one conviction for 

a moving violation in a CMV; he 

exceeded the speed limit by 9 mph. 

Curtis C. Williams 

Mr. Williams, 63, has a retinal 

detachment in his right eye due to a 

traumatic incident in 2010. The visual 

acuity in his right eye is hand motion, 

and in his left eye, 20/20. Following an 

examination in 2017, his optometrist 

stated, ‘‘In my opinion Mr. Williams has 

sufficient vision to perform the daily 

task required to operate a commercial 

vehicle.’’ Mr. Williams reported that he 

has driven straight trucks for 26 years, 

accumulating 1.24 million miles, and 

tractor-trailer combinations for 26 years, 

accumulating 1.24 million miles. He 

holds a Class A CDL from Missouri. His 

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–2018–0014 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–2018–0014 and click ‘‘Search.’’ 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices 33295 

Next, click ‘‘Open Docket Folder’’ and 

you will find all documents and 

comments related to this notice. 

Issued on: July 12, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–15261 Filed 7–16–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2006–24210; FMCSA– 

2010–0162; FMCSA–2012–0162; FMCSA– 

2012–0163; FMCSA–2014–0018] 

Qualification of Drivers; Exemption 

Applications; Diabetes 

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 94 

individuals from its prohibition in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) against persons 

with insulin-treated diabetes mellitus 

(ITDM) from operating commercial 

motor vehicles (CMVs) in interstate 

commerce. The exemptions enable these 

individuals with ITDM 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 August 16, 

2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2006–24210; FMCSA–2010–0162; 

FMCSA–2012–0162; FMCSA–2012– 

0163; FMCSA–2014–0018 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. 

Instructions: Each submission must 

include the Agency name and the 

docket number(s) 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., e.t., Monday through 

Friday, except Federal holidays. The 

FDMS is available 24 hours each day 

e.t., 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 online. 

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. 

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 5:30 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. Background 

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

FMCSA may grant an exemption for five 

years 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 five-year period. FMCSA grants 

exemptions from the FMCSRs for a twoyear period to align with the maximum 

duration of a driver’s medical 

certification. 

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. 

The 94 individuals listed in this 

notice have requested renewal of their 

exemptions from the diabetes standard 

in 49 CFR 391.41(b)(3), in accordance 

with FMCSA procedures. Accordingly, 

FMCSA has evaluated these 

applications for renewal on their merits 

and decided to extend each exemption 

for a renewable two-year period. 

II. Request for Comments 

Interested parties or organizations 

possessing information that would 

otherwise show that any, or all, of these 

drivers are not currently achieving the 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

evidence submitted and, if safety is 

being compromised or if continuation of 

the exemption would not be consistent 

with the goals and objectives of 49 

U.S.C. 31136(e) and 31315, FMCSA will 

take immediate steps to revoke the 

exemption of a driver. 

III. 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. 

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

and 31315, each of the 94 applicants has 

satisfied the renewal conditions for 

obtaining an exemption from the 

diabetes requirement (71 FR 32177; 71 

FR 45097; 75 FR 36775; 75 FR 50797; 

77 FR 36333; 77 FR 40941; 77 FR 46791; 

77 FR 51845; 79 FR 41723; 79 FR 56105; 

81 FR 91242). They have maintained 

their required medical monitoring and 

have not exhibited any medical issues 

that would compromise their ability to 

safely operate a CMV during the 

previous two-year exemption period. 

These factors provide an adequate basis 

for predicting each driver’s ability to 

continue to drive safely in interstate 

commerce. Therefore, FMCSA 

concludes that extending the exemption 

for each of these drivers for a period of 

two years is likely to achieve a level of 

safety equal to that existing without the 

exemption. 

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

and 31315, the following groups of 

drivers received renewed exemptions in 

the month of August and are discussed 

below: 

As of August 6, 2018, and in 

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

31315, the following ten individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the rule 

prohibiting drivers with ITDM from 


daltland on DSKBBV9HB2PROD with NOTICES