Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 40629 

Michael E. Jones (IL) 

Darius R. Law (FL) 

Robert C. Martin (WA) 

Mark W. McTaggart (IL) 

Noel V. Munoz (NM) 

Ivan Romero (IL) 

Steve A. Taylor (NC) 

The drivers were included in docket 

number FMCSA–2016–0029. Their 

exemptions are applicable as of July 29, 

2018, and will expire on July 29, 2020. 

As of July 30, 2018, and in accordance 

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

following six individuals have satisfied 

the renewal conditions for obtaining an 

exemption from the vision requirement 

in the FMCSRs for interstate CMV 

drivers (71 FR 32183; 71 FR 41310; 73 

FR 36955; 75 FR 25917; 75 FR 36779; 

75 FR 39729; 77 FR 33017; 77 FR 36338; 

77 FR 38384; 77 FR 44708; 79 FR 37843; 

79 FR 38661; 81 FR 96196): 

Lester M. Ellingson, Jr. (ND) 

Damon G. Gallardo (CA) 

Daniel L. Grover (KS) 

Larry A. Nienhuis (MI) 

Gregory A. Reinert (MN) 

Joseph B. Shaw, Jr. (VA) 

The drivers were included in docket 

numbers FMCSA–2006–24783; 

FMCSA–2010–0082; FCMSA–2012– 

0106. Their exemptions are applicable 

as of July 30, 2018, and will expire on 

July 30, 2020. 

In accordance with 49 U.S.C. 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: August 8, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–17594 Filed 8–14–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0555] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of denials. 

SUMMARY: FMCSA announces its 

decision to deny applications from 39 

individuals who requested an 

exemption from the Federal Motor 

Carrier Safety Regulations (FMCSRs) 

prohibiting persons with a clinical 

diagnosis of epilepsy or any other 

condition that is likely to cause a loss 

of consciousness or any loss of ability to 

operate a commercial motor vehicle 

(CMV) from operating CMVs in 

interstate commerce. 

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 

FMCSA received applications from 39 

individuals who requested an 

exemption from the FMCSRs 

prohibiting persons with a clinical 

diagnosis of epilepsy or any other 

condition that is likely to cause a loss 

of consciousness or any loss of ability to 

operate a CMV from operating CMVs in 

interstate commerce. 

FMCSA has evaluated the eligibility 

of these applicants and concluded that 

granting these exemptions would not 

provide a level of safety that would be 

equivalent to or greater than, the level 

of safety that would be obtained by 

complying with the regulation 49 CFR 

391.41(b)(8). 

III. Basis for Exemption Determination 

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

FMCSA may grant an exemption for five 

years if it finds such an exemption 

would likely achieve a level of safety 

that is equivalent to, or greater than, the 

level that would be achieved absent 

such an exemption. FMCSA grants 

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

duration of a driver’s medical 

certification. 

The Agency’s decision regarding these 

exemption applications is based on the 

eligibility criteria, the terms and 

conditions for Federal exemptions, and 

an individualized assessment of each 

applicant’s medical information 

provided by the applicant. 

IV. Conclusion 

The Agency has determined that these 

applicants do not satisfy the criteria 

eligibility or meet the terms and 

conditions of the Federal exemption and 

granting these exemptions would not 

provide a level of safety that would be 

equivalent to or greater than, the level 

of safety that would be obtained by 

complying with the regulation 49 CFR 

391.41(b)(8). Therefore, the 39 

applicants in this notice have been 

denied exemptions from the physical 

qualification standards in 49 CFR 

391.41(b)(8). 

Each applicant has, prior to this 

notice, received a letter of final 

disposition regarding his/her exemption 

request. Those decision letters fully 

outlined the basis for the denial and 

constitutes final action by the Agency. 

This notice summarizes the Agency’s 

recent denials as required under 49 

U.S.C. 31315(b)(4) by periodically 

publishing names and reasons for 

denial. 

The following 35 applicants do not 

meet the minimum time requirement for 

being seizure-free, either on or off of 

anti-seizure medication: 

David M. Allyn (CT) 

Daniel Bailey (NY) 

Tiffany Banks (NV) 

Lorenzo Barber (IL) 

Richard Benjamin (AL) 

Edward Blankenstein II (PA) 

Charles Border (NM) 

Andrew Browder (AL) 

Pietro Capobianco (NJ) 

Jon Cole (ID) 

Michael Cole (NJ) 

Charles Cournoyer (MA) 

Ryan Daws (MN) 

Shawn Durbin (UT) 

William Everett (OH) 


daltland on DSKBBV9HB2PROD with NOTICES
40630 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 

Taxhidin Ferati (WI) 

Terry Friedrichs (MN) 

Adam Fyle (NC) 

Keith Hubbard (WV) 

Thomas R. James (MN) 

Kevin Jandreau (ME) 

David Johnston (MN) 

Douglas Kelbley (OH) 

Timothy T. Leonard (CA) 

Steven W. Massman (MN) 

Kevin Mathis (NJ) 

John McGhee (ND) 

Brian Nelson (MO) 

Raymond Phillips (FL) 

Timothy Picot (MD) 

Luis Tirado (PA) 

William E. Turner (VA) 

Blaine T. Weinsensel (WI) 

Jeffrey J. Werner (WI) 

Scott Wesner (WI) 

The following four applicants do not 

meet the minimum time requirement for 

a stable anti-seizure medication dosage: 

Steven L. Amell, Sr. (VT) 

Thomas H. Lee (VA) 

Gregory Long (CT) 

Christopher Phillips (PA) 

Issued on: August 8, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–17565 Filed 8–14–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0031] 

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 53 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 July 19, 2018. The exemptions expire 

on July 19, 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 June 18, 2018, FMCSA published 

a notice announcing receipt of 

applications from 53 individuals 

requesting an exemption from diabetes 

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

requested comments from the public (83 

FR 28310). The public comment period 

ended on July 18, 2018, and two 

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 two comments in 

this proceeding. Vicky Johnson from the 

Minnesota Department of Public Safety 

stated that Minnesota has no objections 

to granting diabetes exemptions to 

Bobby R. Isaacson, and Heath A. 

Woodiwiss. 

Mick Torok from N.A.T. 

Transportation, Inc. stated that he has 

no objections to granting a diabetes 

exemption to Zachary Fairbanks. 

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 June 18, 2018, 

Federal Register notice (83 FR 28310) 

and will not be repeated in this notice. 

These 53 applicants have had ITDM 

over a range of 1 to 34 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 


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