2292 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 

1Now available at http://ntl.bts.gov/lib/30000/ 

30100/30123/Final_CVD_Evidence_Report_v2.pdf. 

ICD has been implanted as a primary or 

secondary preventive measure. 

IV. Basis for Exemption Determination 

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

FMCSA may grant an exemption if it 

finds such an exemption would likely 

achieve a level of safety that is 

equivalent to, or greater then, the level 

that would be achieved absent such an 

exemption. 

The Agency’s decision regarding these 

exemption applications is based on an 

individualized assessment of each 

applicant’s medical information 

provided by the applicant, available 

medical and scientific data concerning 

ICDs, and public comments received. 

In the case of persons with ICDs, the 

underlying condition for which the ICD 

was implanted places the individual at 

high risk for syncope (a transient loss of 

consciousness) or other unpredictable 

events known to result in gradual or 

sudden incapacitation. ICDs may 

discharge, which could result in loss of 

ability to safely control a CMV. See the 

April 2007 Evidence Report on 

Cardiovascular Disease and Commercial 

Motor vehicle Driver Safety, April 

2007.1 A focused research report on 

Implantable Cardioverter Defibrillators 

and the Impact of a Shock on a Patient 

When Deployed completed for the 

FMCSA December 2014 indicates that 

the available scientific data on persons 

with ICDs and CMV driving does not 

support that persons with ICDs who 

operate CMVs are able to meet an equal 

or greater level of safety and upholds 

the findings of the April 2007 report. 

V. Conclusion 

The Agency has determined that the 

available medical and scientific 

literature and research provides 

insufficient data to enable the Agency to 

conclude that granting these exemptions 

would achieve a level of safety 

equivalent to, or greater than, the level 

of safety maintained without the 

exemption. Therefore, the following two 

applicants have been denied 

exemptions from the physical 

qualification standards in 49 CFR 

391.41(b)(4): 

Justin D. Dale (IA) 

Raymond M. Loffredo (PA) 

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. 

The list published today summarizes 

the Agency’s recent denials as required 

under 49 U.S.C. 31315(b)(4). 

Issued on: January 5, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–00560 Filed 1–12–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0027] 

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 14 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 February 15, 2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2017–0027 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., ET, 

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., ET, 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., ET, 

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 14 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 


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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 2293 

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 

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 

Jordan N. Bean 

Mr. Bean, 31, has macular scarring in 

his right eye due to a traumatic incident 

in 2009. The visual acuity in his right 

eye is 20/200, and in his left eye, 20/20. 

Following an examination in 2017, his 

optometrist stated, ‘‘In my medical 

opinion, Jordan has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Bean reported that he has driven 

straight trucks for seven years, 

accumulating 14,000 miles, and tractortrailer combinations for five years, 

accumulating 10,000 miles. He holds a 

Class A CDL from North Dakota. His 

driving record for the last three years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Robert J. Bower 

Mr. Bower, 45, has had amblyopia in 

his left eye since childhood. The visual 

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

his left eye, count fingers. Following an 

examination in 2017, his 

ophthalmologist stated, ‘‘There is 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle with proper mirrors.’’ Mr. Bower 

reported that he has driven straight 

trucks for 29 years, accumulating 

870,000 miles. He holds a Class A CDL 

from Pennsylvania. His driving record 

for the last three years shows no crashes 

and no convictions for moving 

violations in a CMV. 

James E. Bragg 

Mr. Bragg, 54, has had amblyopia in 

his right eye since birth. The visual 

acuity in his right eye is 20/80, and in 

his left eye, 20/20. Following an 

examination in 2017, his optometrist 

stated, ‘‘James Bragg has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Bragg reported that he has 

driven straight trucks for one year, 

accumulating 26,000 miles, and tractortrailer combinations for 20 years, 

accumulating 2.9 million miles. He 

holds a Class A CDL from West Virginia. 

His driving record for the last three 

years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Lee S. Brown, Jr. 

Mr. Brown, 36, has had amblyopia in 

his left eye since childhood. The visual 

acuity in his right eye is 20/30, and in 

his left eye, 20/80. Following an 

examination in 2017, his optometrist 

stated, ‘‘I certify that Mr. Lee’s best 

corrected vision in his right eye only 

meets the requirement provided by the 

Vision Exemption Program.’’ Mr. Lee 

reported that he has driven straight 

trucks for six years, accumulating 

120,000 miles. He holds a Class B CDL 

from Maine. His driving record for the 

last three years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Thomas Buker 

Mr. Buker, 57, has had retinal scarring 

in his left eye since 1992. The visual 

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

his left eye, 20/200. Following an 

examination in 2017, his optometrist 

stated, ‘‘In my opinion, he has sufficient 

vision to continue to drive a commercial 

vehicle, which he has done for years.’’ 

Mr. Buker reported that he has driven 

tractor-trailer combinations for 28 years, 

accumulating 2.6 million miles. He 

holds a Class ABCD CDL from 

Wisconsin. His driving record for the 

last three years shows one crash, which 

he was not cited for, and no convictions 

for moving violations in a CMV. 

Robert A. Dicker 

Mr. Dicker, 60, has had glaucoma in 

his right eye since 2009. The visual 

acuity in his right eye is 20/100, and in 


daltland on DSKBBV9HB2PROD with NOTICES
2294 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 

his left eye, 20/20. Following an 

examination in 2017, his 

ophthalmologist stated, ‘‘It is my 

medical opinion that Mr. Dicker’s visual 

function is sufficient to operate a 

commercial vehicle in all 

circumstances.’’ Mr. Dicker reported 

that he has driven tractor-trailer 

combinations for 13 years, accumulating 

1.3 million miles. He holds a Class A 

CDL from Maine. His driving record for 

the last three years shows no crashes 

and no convictions for moving 

violations in a CMV. 

James D. Evans 

Mr. Evans, 60, has had a prosthetic 

right eye due to a traumatic incident in 

1987. The visual acuity in his right eye 

is no light perception, and in his left 

eye, 20/20. Following an examination in 

2017, his optometrist stated, ‘‘The 

examination and testing reveal that Mr. 

Evans has sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle safely.’’ Mr. Evans 

reported that he has driven straight 

trucks for 40 years, accumulating 

320,000 miles, and tractor-trailer 

combinations for 30 years, accumulating 

360,000 miles. He holds an operator’s 

license from Maryland. His driving 

record for the last three years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Spencer L. Goard 

Mr. Goard, 79, has had optic atrophy 

in his right eye since childhood. The 

visual acuity in his right eye is 20/25, 

and in his left eye, counting fingers. 

Following an examination in 2017, his 

optometrist stated, ‘‘He meets the visual 

acuity requirements. I find Mr. Goard to 

be a quality and reliable person, I hope 

you will give him every opportunity to 

prove himself within the bounds of the 

federal guidelines.’’ Mr. Goard reported 

that he has driven tractor-trailer 

combinations for 30 years, accumulating 

three million miles. He holds a Class DA 

CDL from Kentucky. His driving record 

for the last three years shows no crashes 

and no convictions for moving 

violations in a CMV. 

Gregory C. Grubb 

Mr. Grubb, 26, has had amblyopia in 

his left eye since childhood. The visual 

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

his left eye, 20/80. Following an 

examination in 2017, his optometrist 

stated, ‘‘In my professional opinion, Mr. 

Grubb has sufficient vision to perform 

the driving tasks associated with 

operating a commercial vehicle.’’ Mr. 

Grubb reported that he has driven 

tractor-trailer combinations for five 

years, accumulating 104,000 miles. He 

holds a Class DA CDL from Kentucky. 

His driving record for the last three 

years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Charles K. Klinglesmith 

Mr. Klinglesmith, 56, has had a retinal 

detachment in his right eye since 2008. 

The visual acuity in his right eye is 20/ 

100, and in his left eye, 20/20. 

Following an examination in 2017, his 

ophthalmologist stated, ‘‘The patient 

has sufficient vision to operate a 

commercial motor vehicle.’’ Mr. 

Klinglesmith reported that he has driven 

straight trucks for 35 years, 

accumulating 350,000 miles, and 

tractor-trailer combinations for 34 years, 

accumulating 238,000 miles. He holds a 

Class DA CDL from Kentucky. His 

driving record for the last three years 

shows no crashes and one conviction for 

speeding in a CMV; he exceeded the 

speed limit by five mph. 

Freddy E. Parker 

Mr. Parker, 70, has had amblyopia in 

his left eye since childhood. The visual 

acuity in his right eye is 20/30, and in 

his left eye, 20/300. Following an 

examination in 2017, his optometrist 

stated, ‘‘It is my opinion that Mr. Parker 

has sufficient vision to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Parker 

reported that he has driven straight 

trucks for 54 years, accumulating 2.16 

million miles, and tractor-trailer 

combinations for 24 years, accumulating 

1.32 million miles. He holds a Class A 

CDL from Nevada. His driving record for 

the last three years shows no crashes 

and no convictions for moving 

violations in a CMV. 

Douglas E. Porter 

Mr. Porter, 52, has had amblyopia in 

his right eye since childhood. The 

visual acuity in his right eye is 20/200, 

and in his left eye, 20/25. Following an 

examination in 2017, his optometrist 

stated, ‘‘Patient appears to have 

sufficient vision, to perform driving 

tasks in order to operate a commercial 

vehicle.’’ Mr. Porter reported that he has 

driven straight trucks for 16 years, 

accumulating 480,000 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. 

Roy E. Robertson 

Mr. Robertson, 49, has had a retinal 

vein occlusion in his right eye since 

2009. The visual acuity in his right eye 

is 20/70, and in his left eye, 20/20. 

Following an examination in 2017, his 

optometrist stated, ‘‘I certify in my 

medical opinion that Mr. Roy Robertson 

has sufficient vision to perform the 

driving tasks required to operate a 

commercial vehicle safely.’’ Mr. 

Robertson reported that he has driven 

straight trucks for four years, 

accumulating 300,000 miles, and 

tractor-trailer combinations for 25 years, 

accumulating 2.5 million miles. He 

holds a Class A CDL from Georgia. His 

driving record for the last three years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Daniel E. Sharp 

Mr. Sharp, 48, has a macular scar in 

his right eye due to a traumatic incident 

in 2009. 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 

summary his vision with both eyes has 

been and continues to be sufficient for 

his driving requirements for a 

commercial vehicle.’’ Mr. Sharp 

reported that he has driven straight 

trucks for 14 years, accumulating 

280,000 miles, and tractor-trailer 

combinations for 12 years, accumulating 

96,000 miles. He holds a Class A CDL 

from Ohio. 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–2017–0027 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 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 2295 

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–2017–0027 and click ‘‘Search.’’ 

Next, click ‘‘Open Docket Folder’’ and 

you will find all documents and 

comments related to this notice. 

Issued on: January 5, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–00601 Filed 1–12–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2006–25751; FMCSA– 

2011–0193; FMCSA–2011–0194; FMCSA– 

2013–0183; FMCSA–2013–0186; FMCSA– 

2013–0189; FMCSA–2015–0067; FMCSA– 

2015–0068; FMCSA–2015–0069] 

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 169 

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 February 15, 

2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2006–25751; FMCSA–2011–0193; 

FMCSA–2011–0194; FMCSA–2013– 

0183; FMCSA–2013–0186; FMCSA– 

2013–0189; FMCSA–2015–0067; 

FMCSA–2015–0068; FMCSA–2015– 

0069 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 169 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 169 applicants 

has satisfied the renewal conditions for 

obtaining an exemption from the 

diabetes requirement (71 FR 58464; 71 

FR 67201; 76 FR 61140; 76 FR 63295; 


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