40642 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 

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 53 

exemption applications, FMCSA 

exempts the following drivers from the 

diabetes requirement in 49 CFR 

391.41(b)(10), subject to the 

requirements cited above: 

Gary M. Athanas (OR) 

Gary R. Babcock (CT) 

Jennifer L. Baker (NC) 

Lesley L. Beasley (AL) 

Theresa J. Blackman (IN) 

Jeffrey D. Boutin (GA) 

Douglas P. Chretien (LA) 

Eugene V. Cost (ND) 

James R. Crump (VA) 

James G. Cucinotta (ME) 

Bryan S. Davis (VA) 

Jeremy C. Durand (NY) 

Connie S. Erwin (TN) 

Brendan T Farnam (MA) 

Randall S. Feldt (IA) 

Travis E. Forrest (PA) 

Robert R. Frost (PA) 

Alexander A. Hegyi (NJ) 

Sergio Hernandez (IL) 

Scotty A. Hill (NC) 

Billie Hinton (NY) 

Arild Johansen (ND) 

Kaleb N. Jones (IL) 

Reginald Jones (NC) 

Kevin R. Kerrigan (MI) 

William R. Koepplin (ND) 

Jeff F. Kress (MN) 

Eric J. Kuster (IA) 

Michael P. Labrosse (NY) 

Michael J. Mason (GA) 

Chad W. Moore (MO) 

Walter N. Morphew, Jr. (IN) 

Edward C. Mulvenna, Jr. (NJ) 

Jeffrey C. Olson (SD) 

Robin L. Phillips (PA) 

Roosevelt Price (MS) 

William P. Raben (AL) 

Dennis B. Segel (WA) 

Daniel A. Slattery (IN) 

Mathew C. Smart (TX) 

Jeffrey J. Smith (VA) 

Charles D. Smith, Jr. (IN) 

Patrick J. Snell (IA) 

Rodney M. Stephens (PA) 

Robert A. Swasey, Jr. (ME) 

Kevin R. Terpstra (IL) 

Richard D. Thompson (NY) 

William D. Thull (IL) 

Billy J. Thurnall (IN) 

John T. Tuck, Jr. (NJ) 

Roy D. Wendte (IL) 

Bailey Westgate (ID) 

Walter L. Williams (AR) 

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: August 9, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–17593 Filed 8–14–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0202] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 39 individuals for an 

exemption from the prohibition in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) against persons 

with insulin-treated diabetes mellitus 

(ITDM) operating a commercial motor 

vehicle (CMV) in interstate commerce. If 

granted, the exemptions would enable 

these individuals with ITDM to operate 

CMVs in interstate commerce. 

DATES: Comments must be received on 

or before September 14, 2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2018–0202 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 8:30 a.m. to 5 p.m., e.t., 

Monday through Friday, except Federal 

holidays. If you have questions 


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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 39 individuals listed in this 

notice have requested an exemption 

from the diabetes prohibition in 49 CFR 

391.41(b)(3). Accordingly, the Agency 

will evaluate the qualifications of each 

applicant to determine whether granting 

the exemption will achieve the required 

level of safety mandated by statute. 

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 Agency 

established the current requirement for 

diabetes in 1970 because several risk 

studies indicated that drivers with 

diabetes had a higher rate of crash 

involvement than the general 

population. 

FMCSA established its diabetes 

exemption program, based on the 

Agency’s July 2000 study entitled ‘‘A 

Report to Congress on the Feasibility of 

a Program to Qualify Individuals with 

Insulin-Treated Diabetes Mellitus to 

Operate in Interstate Commerce as 

Directed by the Transportation Act for 

the 21st Century.’’ The report concluded 

that a safe and practicable protocol to 

allow some drivers with ITDM to 

operate CMVs is feasible. The 

September 3, 2003 (68 FR 52441), 

Federal Register notice in conjunction 

with the November 8, 2005 (70 FR 

67777), Federal Register notice provides 

the current protocol for allowing such 

drivers to operate CMVs in interstate 

commerce. 

FMCSA notes that section 4129 of the 

Safe, Accountable, Flexible and 

Efficient Transportation Equity Act: A 

Legacy for Users requires the Secretary 

to revise its diabetes exemption program 

established on September 3, 2003 (68 FR 

52441). The revision must provide for 

individual assessment of drivers with 

diabetes mellitus, and be consistent 

with the criteria described in section 

4018 of the Transportation Equity Act 

for the 21st Century (49 U.S.C. 31305). 

Section 4129 requires: (1) Elimination of 

the requirement for three years of 

experience operating CMVs while being 

treated with insulin; and (2) 

establishment of a specified minimum 

period of insulin use to demonstrate 

stable control of diabetes before being 

allowed to operate a CMV. 

In response to section 4129, FMCSA 

made immediate revisions to the 

diabetes exemption program established 

by the September 3, 2003 notice. 

FMCSA discontinued use of the threeyear driving experience and fulfilled the 

requirements of section 4129 while 

continuing to ensure that operation of 

CMVs by drivers with ITDM will 

achieve the requisite level of safety 

required of all exemptions granted 

under 49 U.S.C. 31136 (e). Section 

4129(d) also directed FMCSA to ensure 

that drivers of CMVs with ITDM are not 

held to a higher standard than other 

drivers, with the exception of limited 

operating, monitoring and medical 

requirements that are deemed medically 

necessary. The FMCSA concluded that 

all of the operating, monitoring and 

medical requirements set out in the 

September 3, 2003, notice, except as 

modified, were in compliance with 

section 4129(d). Therefore, all of the 

requirements set out in the September 3, 

2003, notice, except as modified by the 

notice in the Federal Register on 

November 8, 2005 (70 FR 67777), 

remain in effect. 

II. Qualifications of Applicants 

Jeffrey L. Barton 

Mr. Barton, 53, has had ITDM since 

2015. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Barton understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Barton meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2018 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from Kansas. 

Michael J. Beattie 

Mr. Beattie, 60, has had ITDM since 

2018. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Beattie understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Beattie meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2018 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from Tennessee. 

Timothy W. Beeny 

Mr. Beeny, 56, has had ITDM since 

2018. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Beeny understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Beeny meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2018 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Kentucky. 

Joseph A. Bradley 

Mr. Bradley, 54, has had ITDM since 

2015. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Bradley understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Bradley meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2018 and certified that 

he does not have diabetic retinopathy. 


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He holds an operator’s license from 

Indiana. 

Harold B. Bryan 

Mr. Bryan, 25, has had ITDM since 

2016. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Bryan understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Bryan meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2018 and certified that 

he does not have diabetic retinopathy. 

He holds a Class B CDL from Idaho. 

Javis B. Cruz 

Mr. Cruz, 31, has had ITDM since 

2018. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Cruz understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Cruz meets the requirements 

of the vision standard at 49 CFR 

391.41(b)(10). His optometrist examined 

him in 2018 and certified that he does 

not have diabetic retinopathy. He holds 

an operator’s license from New Mexico. 

Matthew A. Cunningham 

Mr. Cunningham, 57, has had ITDM 

since 2016. His endocrinologist 

examined him in 2018 and certified that 

he has had no severe hypoglycemic 

reactions resulting in loss of 

consciousness, requiring the assistance 

of another person, or resulting in 

impaired cognitive function that 

occurred without warning in the past 12 

months and no recurrent (two or more) 

severe hypoglycemic episodes in the 

last five years. His endocrinologist 

certifies that Mr. Cunningham 

understands diabetes management and 

monitoring, has stable control of his 

diabetes using insulin, and is able to 

drive a CMV safely. Mr. Cunningham 

meets the requirements of the vision 

standard at 49 CFR 391.41(b)(10). His 

optometrist examined him in 2018 and 

certified that he does not have diabetic 

retinopathy. He holds an operator’s 

license from New York. 

Victor J. Da-Chao 

Mr. Da-Chao, 61, has had ITDM since 

2009. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Da-Chao understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Da-Chao meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2018 

and certified that he does not have 

diabetic retinopathy. He holds an 

operator’s license from Maryland. 

Timothy S. Danley 

Mr. Danley, 50, has had ITDM since 

2014. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Danley understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Danley meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2018 and certified that 

he does not have diabetic retinopathy. 

He holds an operator’s license from 

Texas. 

Richard G. Dattler, Jr. 

Mr. Dattler, 51, has had ITDM since 

2015. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Dattler understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Dattler meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2018 and certified that 

he does not have diabetic retinopathy. 

He holds an operator’s license from 

Oregon. 

Ellen M. Diggs 

Ms. Diggs, 51, has had ITDM since 

1994. Her endocrinologist examined her 

in 2018 and certified that she has had 

no severe hypoglycemic reactions 

resulting in loss of consciousness, 

requiring the assistance of another 

person, or resulting in impaired 

cognitive function that occurred without 

warning in the past 12 months and no 

recurrent (two or more) severe 

hypoglycemic episodes in the last five 

years. Her endocrinologist certifies that 

Ms. Diggs understands diabetes 

management and monitoring, has stable 

control of her diabetes using insulin, 

and is able to drive a CMV safely. Ms. 

Diggs meets the requirements of the 

vision standard at 49 CFR 391.41(b)(10). 

Her ophthalmologist examined her in 

2018 and certified that she does not 

have diabetic retinopathy. She holds an 

operator’s license from Kansas. 

Marven J. Finken 

Mr. Finken, 53, has had ITDM since 

2017. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Finken understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Finken meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2018 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from 

Minnesota. 

Randie S. Fisher, Jr. 

Mr. Fisher, 22, has had ITDM since 

2008. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Fisher understands 


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diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Fisher meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2018 and certified that 

he does not have diabetic retinopathy. 

He holds an operator’s license from 

Missouri. 

Jason J. Fleisch 

Mr. Fleisch, 43, has had ITDM since 

2017. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Fleisch understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Fleisch meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2018 and certified that 

he does not have diabetic retinopathy. 

He holds an operator’s license from 

Pennsylvania. 

Ryan M. Galusha 

Mr. Galusha, 29, has had ITDM since 

2011. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Galusha understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Galusha meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2018 and certified that 

he does not have diabetic retinopathy. 

He holds an operator’s license from New 

York. 

Raymond M. Hamlin 

Mr. Hamlin, 75, has had ITDM since 

2011. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Hamlin understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Hamlin meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2018 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Maine. 

Steven L. Hare, Jr. 

Mr. Hare, 26, has had ITDM since 

1997. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Hare understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Hare meets the requirements 

of the vision standard at 49 CFR 

391.41(b)(10). His optometrist examined 

him in 2018 and certified that he does 

not have diabetic retinopathy. He holds 

an operator’s license from North 

Carolina. 

Joshua R. Hedges 

Mr. Hedges, 28, has had ITDM since 

2011. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Hedges understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Hedges meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2018 and certified that 

he does not have diabetic retinopathy. 

He holds an operator’s license from 

Missouri. 

Vicky L. Hill 

Ms. Hill, 63, has had ITDM since 

2010. Her endocrinologist examined her 

in 2018 and certified that she has had 

no severe hypoglycemic reactions 

resulting in loss of consciousness, 

requiring the assistance of another 

person, or resulting in impaired 

cognitive function that occurred without 

warning in the past 12 months and no 

recurrent (two or more) severe 

hypoglycemic episodes in the last five 

years. Her endocrinologist certifies that 

Ms. Hill understands diabetes 

management and monitoring, has stable 

control of her diabetes using insulin, 

and is able to drive a CMV safely. Ms. 

Hill meets the requirements of the 

vision standard at 49 CFR 391.41(b)(10). 

Her ophthalmologist examined her in 

2018 and certified that she has stable 

nonproliferative diabetic retinopathy. 

She holds an operator’s license from 

Washington. 

Charles O. Hudson 

Mr. Hudson, 59, has had ITDM since 

2010. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Hudson understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Hudson meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2018 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Tennessee. 

James A. Keebaugh 

Mr. Keebaugh, 57, has had ITDM 

since 2011. His endocrinologist 

examined him in 2018 and certified that 

he has had no severe hypoglycemic 

reactions resulting in loss of 

consciousness, requiring the assistance 

of another person, or resulting in 

impaired cognitive function that 

occurred without warning in the past 12 

months and no recurrent (two or more) 

severe hypoglycemic episodes in the 

last five years. His endocrinologist 

certifies that Mr. Keebaugh understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Keebaugh meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2018 

and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class B CDL from 

Pennsylvania. 


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Rein R. Kori 

Mr. Kori, 22, has had ITDM since 

2008. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Kori understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Kori meets the requirements 

of the vision standard at 49 CFR 

391.41(b)(10). His optometrist examined 

him in 2018 and certified that he does 

not have diabetic retinopathy. He holds 

an operator’s license from Tennessee. 

Thomas C. McGee 

Mr. McGee, 35, has had ITDM since 

2011. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. McGee understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. McGee meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2018 and certified that 

he does not have diabetic retinopathy. 

He holds an operator’s license from 

South Carolina. 

Anton Means 

Mr. Means, 58, has had ITDM since 

2018. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Means understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Means meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2018 and certified that 

he does not have diabetic retinopathy. 

He holds an operator’s license from 

Illinois. 

Andrew P. Metze 

Mr. Metze, 25, has had ITDM since 

2006. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Metze understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Metze meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2018 and certified that 

he does not have diabetic retinopathy. 

He holds an operator’s license from 

South Carolina. 

Christopher J. Misner 

Mr. Misner, 42, has had ITDM since 

1987. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Misner understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Misner meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2018 and certified that 

he does not have diabetic retinopathy. 

He holds an operator’s license from 

Michigan. 

Mohamed S. Mohamed 

Mr. Mohamed, 46, has had ITDM 

since 2018. His endocrinologist 

examined him in 2018 and certified that 

he has had no severe hypoglycemic 

reactions resulting in loss of 

consciousness, requiring the assistance 

of another person, or resulting in 

impaired cognitive function that 

occurred without warning in the past 12 

months and no recurrent (two or more) 

severe hypoglycemic episodes in the 

last five years. His endocrinologist 

certifies that Mr. Mohamed understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Mohamed meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2018 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Massachusetts. 

Eugene G. Mueller 

Mr. Mueller, 72, has had ITDM since 

1959. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Mueller understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Mueller meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2018 

and certified that he has stable 

proliferative diabetic retinopathy. He 

holds an operator’s license from 

Wisconsin. 

Reginald J. Pokorny 

Mr. Pokorny, 41, has had ITDM since 

2016. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Pokorny understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Pokorny meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2018 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from Nebraska. 

Vernon C. Read 

Mr. Read, 56, has had ITDM since 

1985. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Read understands 

diabetes management and monitoring, 


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Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 40647 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Read meets the requirements 

of the vision standard at 49 CFR 

391.41(b)(10). His ophthalmologist 

examined him in 2018 and certified that 

he has stable nonproliferative diabetic 

retinopathy. He holds an operator’s 

license from California. 

John W. Rosenthal 

Mr. Rosenthal, 75, has had ITDM 

since 2014. His endocrinologist 

examined him in 2018 and certified that 

he has had no severe hypoglycemic 

reactions resulting in loss of 

consciousness, requiring the assistance 

of another person, or resulting in 

impaired cognitive function that 

occurred without warning in the past 12 

months and no recurrent (two or more) 

severe hypoglycemic episodes in the 

last five years. His endocrinologist 

certifies that Mr. Rosenthal understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Rosenthal meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2018 and certified that 

he does not have diabetic retinopathy. 

He holds a Class B CDL from Idaho. 

Steve A. Santamaria 

Mr. Santamaria, 40, has had ITDM 

since 2007. His endocrinologist 

examined him in 2018 and certified that 

he has had no severe hypoglycemic 

reactions resulting in loss of 

consciousness, requiring the assistance 

of another person, or resulting in 

impaired cognitive function that 

occurred without warning in the past 12 

months and no recurrent (two or more) 

severe hypoglycemic episodes in the 

last five years. His endocrinologist 

certifies that Mr. Santamaria 

understands diabetes management and 

monitoring, has stable control of his 

diabetes using insulin, and is able to 

drive a CMV safely. Mr. Santamaria 

meets the requirements of the vision 

standard at 49 CFR 391.41(b)(10). His 

optometrist examined him in 2018 and 

certified that he does not have diabetic 

retinopathy. He holds an operator’s 

license from Illinois. 

Ricky J. Sawyer 

Mr. Sawyer, 33, has had ITDM since 

1987. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Sawyer understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Sawyer meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2018 

and certified that he has stable 

proliferative diabetic retinopathy. He 

holds an operator’s license from Alaska. 

Justin G. Simpson 

Mr. Simpson, 31, has had ITDM since 

1999. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Simpson understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Simpson meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2018 

and certified that he does not have 

diabetic retinopathy. He holds an 

operator’s license from Ohio. 

Jacob H. Turner 

Mr. Turner, 24, has had ITDM since 

2004. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Turner understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Turner meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2018 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from Arkansas. 

Chad E. Vanscoy 

Mr. Vanscoy, 47, has had ITDM since 

2012. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Vanscoy understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Vanscoy meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2018 

and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class A CDL from Ohio. 

Phillip M. Woods 

Mr. Woods, 59, has had ITDM since 

2016. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Woods understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Woods meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2018 

and certified that he has stable 

nonproliferative diabetic retinopathy. 

He holds a Class A CDL from Michigan. 

Robert W. Youdath 

Mr. Youdath, 34, has had ITDM since 

1992. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Youdath understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Youdath meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2018 

and certified that he does not have 

diabetic retinopathy. He holds a Class B 

CDL from Ohio. 

Brian D. Zoll 

Mr. Zoll, 53, has had ITDM since 

2017. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 


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40648 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Zoll understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Zoll meets the requirements 

of the vision standard at 49 CFR 

391.41(b)(10). His optometrist examined 

him in 2018 and certified that he does 

not have diabetic retinopathy. He holds 

a Class A CDL from Ohio. 

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 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–2018–0202 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–2018–0202 and click ‘‘Search.’’ 

Next, click ‘‘Open Docket Folder’’ and 

you will find all documents and 

comments related to this notice. 

Issued on: August 9, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–17591 Filed 8–14–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0013] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt 11 individuals from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations 

(FMCSRs) to operate a commercial 

motor vehicle (CMV) in interstate 

commerce. They are unable to meet the 

vision requirement in one eye for 

various reasons. The exemptions enable 

these individuals to operate CMVs in 

interstate commerce without meeting 

the vision requirement in one eye. 

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 11 individuals 

requesting an exemption from vision 

requirement in 49 CFR 391.41(b)(10) 

and requested comments from the 

public (83 FR 28335). The public 

comment period ended on July 18, 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)(10). 

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 a least 

20/40 (Snellen) in both eyes with or 

without corrective lenses, field of vision 

of at least 70° in the horizontal meridian 

in each eye, and the ability to recognize 

the colors of traffic signals and devices 

showing red, green, and amber. 

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 vision standard in 49 CFR 

391.41(b)(10) if the exemption is likely 

to achieve an equivalent or greater level 

of safety than would be achieved 

without the exemption. The exemption 

allows applicants to operate CMVs in 

interstate commerce. 

The Agency’s decision regarding these 

exemption applications is based on 

medical reports about the applicants’ 

vision as well as their driving records 

and experience driving with the vision 

deficiency. The qualifications, 


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