Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Notices 43809 

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). 

The qualifications, experience, and 

medical condition of each applicant 

were stated and discussed in detail in 

the June 6, 2017, Federal Register notice 

(82 FR 26226) and will not be repeated 

in this notice. 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the diabetes requirement in 49 CFR 

391.41(b)(3) is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

V. Conditions and Requirements 

The terms and conditions of the 

exemption are provided to the 

applicants in the exemption document 

and includes the following: (1) Each 

driver must submit a quarterly 

monitoring checklist completed by the 

treating endocrinologist as well as an 

annual checklist with a comprehensive 

medical evaluation; (2) each driver must 

report within two business days of 

occurrence, all episodes of severe 

hypoglycemia, significant 

complications, or inability to manage 

diabetes; also, any involvement in an 

accident or any other adverse event in 

a CMV or personal vehicle, whether or 

not it is related to an episode of 

hypoglycemia; (3) each driver must 

provide a copy of the ophthalmologist’s 

or optometrist’s report to the Medical 

Examiner at the time of the annual 

medical examination; and (4) each 

driver must provide a copy of the 

annual medical certification to the 

employer for retention in the driver’s 

qualification file, or keeping a copy in 

his/her driver’s qualification file if he/ 

she is self-employed. The driver must 

also have a copy of the exemption when 

driving, for presentation to a duly 

authorized Federal, State, or local 

enforcement official. 

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 29 

exemption applications, FMCSA 

exempts the following drivers from the 

diabetes requirement in 49 CFR 

391.41(b)(10), subject to the 

requirements cited above: 

Tyler J. Bren (ND) 

Charlie H. Brown, Jr. (GA) 

Ajax A. Castro (FL) 

Robert J. Conklin (PA) 

Luke S. Davidson (CA) 

Joseph R. DePra (IN) 

Joseph P. Finan (RI) 

Luis Garcia (NJ) 

Eric E.T. Gheen (OH) 

Aron A. Hanson (IL) 

Tyler J. Hanson (ID) 

Antonio K. Hoes (MD) 

Ronald O. Knighten (WA) 

Stephen P. Koons (PA) 

Angel Luna (PA) 

David Mills (NH) 

Kenneth J. Moe (MN) 

James L. Pearson (NY) 

Walter R. Rentsch (SD) 

Richard D. Revere (PA) 

Redmond L. Riley (NC) 

James H. Roth, Jr. (PA) 

Stephen R. Shaffer (KS) 

Matthew J. Thornton (OR) 

Michael H. Trayah (VT) 

William Wagstaff, 3rd (MD) 

Craig A. Wildenberg (WI) 

Ronald E. Wulf (MN) 

Samuel K. Zeweldie (GA) 

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: September 13, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–19907 Filed 9–18–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2006–26367] 

Medical Review Board (MRB) Meeting: 

Public Meeting 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Announcement of advisory 

committee public meeting. 

SUMMARY: FMCSA announces a meeting 

of its Medical Review Board (MRB) on 

Tuesday and Wednesday, September 

26–27, 2017. The MRB will make 

recommendations to the Agency on the 

revision of the Agency’s handbook for 

medical examiners (ME) who are on the 

National Registry of Certified Medical 

Examiners (National Registry), for their 

use in evaluating interstate commercial 

motor vehicle (CMV) drivers for a 

medical qualification determination. 

Additionally, the MRB will review the 

Agency’s current advisory and 

exemption program criteria concerning 

individuals taking anti-seizure 

medication and identify factors the 

Agency should consider for potential 

regulatory actions that would eliminate 

the need for granting exemptions. The 

meeting is open to the public for its 

entirety. The public will be allowed to 

comment during the proceedings. 

DATES: The meeting will be held on 

Tuesday and Wednesday, September 

26–27, 2017, from 9:15 a.m. to 4:30 

p.m., Eastern Daylight Time (E.T.), at 

the FMCSA National Training Center, 

1310 N. Courthouse Road, Arlington, 

VA, 6th Floor. Copies of the task 

statement and an agenda for the entire 

meeting will be made available in 

advance of the meeting at 

www.fmcsa.dot.gov/mrb. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Shannon L. Watson, Senior Advisor to 

the Associate Administrator for Policy, 

Federal Motor Carrier Safety 

Administration, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

(202) 366–5221, mrb@dot.gov. 

Services for Individuals With 

Disabilities 

For information on facilities or 

services for individuals with disabilities 

or to request special assistance at the 

meeting, contact Eran Segev at (617) 

494–3174, eran.segev@dot.gov, by 

Wednesday, September 20. 

SUPPLEMENTARY INFORMATION: 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
43810 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Notices 

I. Background 

The MRB is composed of five medical 

experts who each serve two-year terms. 

Section 4116 of SAFETEA–LU requires 

the Secretary of Transportation, with the 

advice of the MRB and the chief medical 

examiner, to establish, review, and 

revise ‘‘medical standards for operators 

of commercial motor vehicles that will 

ensure that the physical condition of 

operators of commercial motor vehicles 

is adequate to enable them to operate 

the vehicles safely.’’ The MRB operates 

in accordance with FACA under the 

terms of its charter, filed November 25, 

2015. 

On January 15, 2013, FMCSA 

announced in a Notice of Final 

Disposition entitled, Qualification of 

Drivers; Exemption Applications; 

Epilepsy and Seizure Disorders, (78 FR 

3069), its decision to grant requests from 

22 individuals for exemptions from the 

regulatory requirement that interstate 

CMV drivers have ‘‘no established 

medical history or clinical diagnosis of 

epilepsy or any other condition which 

is likely to cause loss of consciousness 

or any loss of ability to control a CMV.’’ 

Since the January 15, 2013, notice, the 

Agency has published additional 

notices granting requests from 

individuals for exemptions from the 

regulatory requirement regarding 

epilepsy found in 49 CFR 391.41(b)(8). 

In reaching the decision to grant 

exemption requests, FMCSA considers 

the 2007 recommendations of the 

Agency’s Medical Expert Panel (MEP). 

The January 15, 2013, Federal Register 

notice (78 FR 3069) provides the current 

MEP recommendations, which is the 

criteria the Agency uses to grant seizure 

exemptions. 

The Agency’s decision regarding 

exemption applications is based on an 

individualized assessment of each 

applicant’s medical information, 

including the following: The root cause 

of the respective seizure(s) and medical 

information about the applicant’s 

seizure history; the length of time that 

has elapsed since the individual’s last 

seizure; the stability of each individual’s 

treatment regimen; and the duration of 

time on or off anti-seizure medication. 

In addition, the Agency reviews the 

treating clinician’s medical opinion 

related to the ability of the driver to 

operate a CMV safely with a history of 

seizure and each applicant’s driving 

record found in the Commercial Driver’s 

License Information System (CDLIS) for 

commercial driver’s license (CDL) 

holders, and interstate and intrastate 

inspections recorded in the Motor 

Carrier Management Information System 

(MCMIS). For non-CDL holders, the 

Agency reviews the driving records 

from the State Driver’s Licensing 

Agencies (SDLAs). 

II. Meeting Participation 

Oral comments from the public will 

be heard during the meeting, at the 

discretion of the Chairman. Members of 

the public may submit written 

comments on the topics to be 

considered during the meeting by 

Wednesday, September 20, to Federal 

Docket Management System (FDMC) 

Docket Number FMCSA–2008–0362 for 

the MRB using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Fax: 202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., West Building, 

Room W12–140, Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., Room W12–140, 

Washington, DC, between 9 a.m. and 5 

p.m., E.T. Monday through Friday, 

except Federal holidays. 

Issued on: September 13, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–19906 Filed 9–18–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0043] 

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 31 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 October 19, 2017. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2017–0043 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 

regarding viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 


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