34664 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 

Nenad Harnos (NJ) 

Matthew D. Hormann (MN) 

James W. Jones (AL) 

Duane R. Martin (PA) 

Roger S. Orr (IA) 

Richard D. Shryock (MO) 

Steven D. Sodders (OH) 

Keith R. Tyler (NC) 

The drivers were included in docket 

number FMCSA–2016–0014. Their 

exemptions are applicable as of August 

12, 2018, and will expire on August 12, 

2020. 

As of August 18, 2018, and in 

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

31315, the following 22 individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement in the FMCSRs for 

interstate CMV drivers (71 FR 14567; 71 

FR 30228; 73 FR 28187; 73 FR 35195; 

73 FR 35196; 73 FR 35197; 73 FR 35198; 

73 FR 35199; 73 FR 35200; 73 FR 35201; 

73 FR 38498; 73 FR 38499; 73 FR 48273; 

73 FR 48275; 75 FR 25919; 75 FR 39729; 

75 FR 44051; 77 FR 46153; 79 FR 46153; 

81 FR 90050): 

Donald L. Carman (OH) 

Christopher R. Cone (GA) 

Walter O. Connelly (WA) 

Roger D. Elders (MI) 

Lucious J. Erwin (TX) 

Riche Ford (CO) 

Kevin K. Friedel (NY) 

Steven G. Harter (OR) 

Andrew C. Kelly (WV) 

Jason W. King (MT) 

Billy J. Lewis (LA) 

Robert W. McMillian (MA) 

Richard A. Peterson (OR) 

Carroll G. Quisenberry (KY) 

Ryan J. Reimann (WI) 

Brandon J. See (IA) 

Ricky L. Shepler (PA) 

John L. Stone (PA) 

Nils S. Thornberg (OR) 

Daniel W. Toppings (WV) 

Christopher R. Whitson (NC) 

Aaron E. Wright (MI) 

The drivers were included in docket 

numbers FMCSA–2006–24015; 

FMCSA–2008–0106; FMCSA–2008– 

0174; FMCSA–2010–0082. Their 

exemptions are applicable as of August 

18, 2018, and will expire on August 18, 

2020. 

As of August 19, 2018, and in 

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

31315, the following two individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement in the FMCSRs for 

interstate CMV drivers (79 FR 41737; 79 

FR 56102; 81 FR 90050): Leamon V. 

Manchester (LA); Leverne F. Schulte, Jr. 

(OH) 

The drivers were included in docket 

number FMCSA–2014–0008. Their 

exemptions are applicable as of August 

19, 2018, and will expire on August 19, 

2020. 

As of August 27, 2018, and in 

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

31315, Gregory S. Smith (AR) has 

satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement in the FMCSRs for 

interstate CMV drivers (77 FR 38381; 77 

FR 51846; 79 FR 41740; 81 FR 90050). 

The driver was included in docket 

number FMCSA–2012–0160. The 

exemption is applicable as of August 27, 

2018, and will expire on August 27, 

2020. 

As of August 29, 2018, and in 

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

31315, Rickey W. Goins (TN) has 

satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement in the FMCSRs for 

interstate CMV drivers (77 FR 41879; 77 

FR 52391; 79 FR 41735; 81 FR 90050). 

The driver was included in docket 

number FMCSA–2012–0161. The 

exemption is applicable as of August 29, 

2018, and will expire on August 29, 

2020. 

IV. Conditions and Requirements 

The exemptions are extended subject 

to the following conditions: (1) Each 

driver must undergo an annual physical 

examination (a) by an ophthalmologist 

or optometrist who attests that the 

vision in the better eye continues to 

meet the requirements in 49 CFR 

391.41(b)(10), and (b) by a certified 

Medical Examiner, as defined by 49 CFR 

390.5, who attests that the driver 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 of his/ 

her driver’s qualification if he/her 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. 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. 

V. 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. 

VI. Conclusion 

Based upon its evaluation of the 100 

exemption applications, FMCSA renews 

the exemptions of the aforementioned 

drivers from the vision requirement in 

49 CFR 391.41(b)(10), subject to the 

requirements cited above. In accordance 

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

exemption will be valid for two years 

unless revoked earlier by FMCSA. 

Issued on: July 12, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–15554 Filed 7–19–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2018–0051] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt eight individuals 

from the requirement in the Federal 

Motor Carrier Safety Regulations 

(FMCSRs) that interstate commercial 

motor vehicle (CMV) drivers have ‘‘no 

established medical history or clinical 

diagnosis of epilepsy or any other 

condition which is likely to cause loss 

of consciousness or any loss of ability to 

control a CMV.’’ The exemptions enable 

these individuals who have had one or 

more seizures and are taking antiseizure medication 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 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34665 

1See http://www.ecfr.gov/cgi-bin/text-idx?SID=

e47b48a9ea42dd67d999246e23d97970&mc=

true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a 

and https://www.gpo.gov/fdsys/pkg/CFR-2015- 

title49-vol5/pdf/CFR-2015-title49-vol5-part391- 

appA.pdf. 

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 24, 2018, FMCSA published 

a notice announcing receipt of 

applications from eight individuals 

requesting an exemption from the 

epilepsy and seizure disorders 

prohibition in 49 CFR 391.41(b)(8) and 

requested comments from the public (83 

FR 17879). The public comment period 

ended on May 24, 2018, and no 

comments were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

granting 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)(8). 

The physical qualification standard 

for drivers regarding epilepsy found in 

49 CFR 391.41(b)(8) states that a person 

is physically qualified to drive a CMV 

if that person has no established 

medical history or clinical diagnosis of 

epilepsy or any other condition which 

is likely to cause the loss of 

consciousness or any loss of ability to 

control a CMV. 

In addition to the regulations, FMCSA 

has published advisory criteria 1 to 

assist medical examiners in determining 

whether drivers with certain medical 

conditions are qualified to operate a 

CMV in interstate commerce. [49 CFR 

part 391, APPENDIX A TO PART 391— 

MEDICAL ADVISORY CRITERIA, 

section H. Epilepsy: § 391.41(b)(8), 

paragraphs 3, 4, and 5.] 

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(b), FMCSA may grant an 

exemption from the epilepsy and 

seizure disorder prohibition in 49 CFR 

391.41(b)(8) 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. 

In reaching the decision to grant these 

exemption requests, FMCSA considered 

the 2007 recommendations of the 

Agency’s Medical Expert Panel (MEP). 

The January 15, 2013, Federal Register 

notice (78 FR 3069) provides the current 

MEP recommendations which is the 

criteria the Agency uses to grant seizure 

exemptions. 

The Agency’s decision regarding these 

exemption applications is based on an 

individualized assessment of each 

applicant’s medical information, 

including the root cause of the 

respective seizure(s) and medical 

information about the applicant’s 

seizure history, the length of time that 

has elapsed since the individual’s last 

seizure, the stability of each individual’s 

treatment regimen and the duration of 

time on or off of anti-seizure 

medication. In addition, the Agency 

reviewed the treating clinician’s 

medical opinion related to the ability of 

the driver to safely operate a CMV with 

a history of seizure and each applicant’s 

driving record found in the Commercial 

Driver’s License Information System 

(CDLIS) for commercial driver’s license 

(CDL) holders, and interstate and 

intrastate inspections recorded in the 

Motor Carrier Management Information 

System (MCMIS). For non-CDL holders, 

the Agency reviewed the driving records 

from the State Driver’s Licensing 

Agency (SDLA). A summary of each 

applicant’s seizure history was 

discussed in the April 24, 2018 Federal 

Register notice (83 FR 17879) and will 

not be repeated in this notice. 

These eight applicants have been 

seizure-free over a range of 23 years 

while taking anti-seizure medication 

and maintained a stable medication 

treatment regimen for the last two years. 

In each case, the applicant’s treating 

physician verified his or her seizure 

history and supports the ability to drive 

commercially. 

The Agency acknowledges the 

potential consequences of a driver 

experiencing a seizure while operating a 

CMV. However, the Agency believes the 

drivers granted this exemption have 

demonstrated that they are unlikely to 

have a seizure and their medical 

condition does not pose a risk to public 

safety. 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the epilepsy and seizure disorder 

prohibition in 49 CFR 391.41(b)(8) 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 remain seizure-free and 

maintain a stable treatment during the 

two-year exemption period; (2) each 

driver must submit annual reports from 

their treating physicians attesting to the 

stability of treatment and that the driver 

has remained seizure-free; (3) each 

driver must undergo an annual medical 

examination by a certified Medical 

Examiner, as defined by 49 CFR 390.5; 

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 keep a copy 

of 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 eight 

exemption applications, FMCSA 

exempts the following drivers from the 

epilepsy and seizure disorder 

prohibition, 49 CFR 391.41(b)(8), subject 

to the requirements cited above: 

Steven H. Ford (WI) 

Scott Habeck (SD) 

Nathan E. Kanouff (GA) 

Richard L. Kienel, Jr. (GA) 

Joe L. King, Jr. (NC) 

Daniel L. Martin (IA) 

Phillip Moore (CT) 

Joshua Thomas (MN) 

In accordance with 49 U.S.C. 

31315(b)(1), each exemption will be 

valid for two years from the effective 


daltland on DSKBBV9HB2PROD with NOTICES
34666 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 

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: July 13, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–15577 Filed 7–19–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2018–0029] 

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 37 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 June 29, 2018. The exemptions 

expire on June 29, 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 May 29, 2018, FMCSA published 

a notice announcing receipt of 

applications from 37 individuals 

requesting an exemption from diabetes 

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

requested comments from the public (83 

FR 24576). The public comment period 

ended on June 28, 2018, and one 

comments 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 comment in this 

proceeding. Vicky Johnson from the 

Minnesota Department of Public Safety 

stated that Minnesota has no objections 

to granting diabetes exemptions to Jon 

E. Behle, Gavin C. Gore, Stephen R. 

Henderscheidt, and Jose C. Rosario. 

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 May 29, 2018, 

Federal Register notice (83 FR 24576) 

and will not be repeated in this notice. 

These 37 applicants have had ITDM 

over a range of 1 to 22 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. 


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