47308 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 

for the crash was assigned to the rental 

truck driver. 

Terms and Conditions of the Exemption 

Terms of the Exemption 

• This exemption from the 

requirements of 49 CFR 395.8(a)(1)(i) is 

effective from October 11, 2017 through 

October 11, 2022. 

• This exemption covers a rental 

period of 8 days or fewer, regardless of 

reason for the rental. Evidence that a 

carrier has replaced one rental CMV 

with another on 8-day cycles or 

attempted to renew a rental agreement 

for the same CMV for an additional 8 

days will be regarded as a violation of 

the exemption and subject the carrier to 

the penalties for failure to use an ELD. 

• Drivers must have a copy of this 

notice or equivalent signed FMCSA 

exemption document in their possession 

while operating under the terms of the 

exemption. The exemption document 

must be presented to law enforcement 

officials upon request. 

• Drivers must have a copy of the 

rental agreement in the CMV, and make 

it available to law enforcement officers 

on request. The agreement must clearly 

identify the parties to the agreement, the 

vehicle, and the dates of the rental 

period. 

• Driver must possess copies of their 

RODS for the current day and the prior 

7 days, if required on those days. 

Preemption 

In accordance with 49 U.S.C. 

31313(d), as implemented by 49 CFR 

381.600, during the period this 

exemption is in effect, no State shall 

enforce any law or regulation applicable 

to interstate commerce that conflicts 

with or is inconsistent with this 

exemption with respect to a firm or 

person operating under the exemption. 

States may, but are not required to, 

adopt the same exemption with respect 

to operations in intrastate commerce. 

Notification to FMCSA 

Carriers operating under this 

exemption must notify FMCSA within 5 

business days of any accident (as 

defined in 49 CFR 390.5), involving any 

of the motor carrier’s drivers operating 

under the terms of this exemption. The 

notification must include the following 

information: 

(a) Identity of Exemption: ‘‘TRALA’’ 

(b) Date of the accident, 

(c) City or town, and State, in which 

the accident occurred, or closest to the 

accident scene, 

(d) Driver’s name and license number, 

(e) Co-driver’s name and license 

number, 

(f) Vehicle number and State license 

number, 

(g) Number of individuals suffering 

physical injury, 

(h) Number of fatalities, 

(i) The police-reported cause of the 

accident, 

(j) Whether the driver was cited for 

violation of any traffic laws, motor 

carrier safety regulations, and 

(k) The total driving time and total onduty time period prior to the accident. 

Accident notifications shall be 

emailed to MCPSD@dot.gov. 

Termination 

FMCSA believes that drivers of shortterm rental vehicles will continue to 

maintain their previous safety record 

while operating under this exemption. 

However, should problems occur, 

FMCSA will take all steps necessary to 

protect the public interest, including 

revocation or restriction of the 

exemption. FMCSA will immediately 

restrict participation in the exemption 

for failure to comply with its terms and 

conditions. 

Issued on: September 28, 2017. 

Daphne Y. Jefferson, 

Deputy Administrator. 

[FR Doc. 2017–21892 Filed 10–10–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0038] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt 47 individuals from 

the prohibition in the Federal Motor 

Carrier Safety Regulations (FMCSRs) 

against persons with insulin-treated 

diabetes mellitus (ITDM) from operating 

a commercial motor vehicle (CMV) in 

interstate commerce. The exemptions 

enable these individuals with ITDM to 

operate CMVs in interstate commerce. 

DATES: The exemptions were applicable 

on August 29, 2017. The exemptions 

expire on August 29, 2019. 

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 July 27, 2017, FMCSA published 

a notice announcing receipt of 

applications from 47 individuals 

requesting an exemption from diabetes 

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

requested comments from the public (82 

FR 35033). The public comment period 

ended on August 28, 2017, and two 

comments were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

granting the exemptions to these 

individuals would achieve a level of 

safety equivalent to or greater than the 

level that would be achieved by 

complying with the current regulation 

49 CFR 391.41(b)(3). 

The physical qualification standard 

for drivers regarding diabetes found in 

49 CFR 391.41(b)(3) states that a person 

is physically qualified to drive a CMV 

if that person: 

Has no established medical history or 

clinical diagnosis of diabetes mellitus 

currently requiring insulin for control. 

III. Discussion of Comments 

FMCSA received two comments in 

this proceeding. Givonna Hymel stated 

that she believes the exemption 

application process should be 

shortened, and that the program in its 

current form is unfair and 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 47309 

discriminatory. On May 4, 2015, 

FMCSA published a Notice of Proposed 

Rulemaking (NPRM) (80 FR 25260) 

proposed changes to the Diabetes 

standard and requesting comments from 

the public. FMCSA is currently 

evaluating comments received and 

drafting a Final Rule. Information 

related to this action can be found in the 

Docket at FMCSA–2005–23151. Marisol 

Aguilar stated that she agrees with the 

decision to grant exemptions to Mark A. 

Brede, Bradley J. Holmstrom, Delbert E. 

Holt, and Anthony A. Kronbeck. 

Basis for Exemption Determination 

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

FMCSA may grant an exemption from 

the diabetes standard in 49 CFR 

391.41(b)(3) if the exemption is likely to 

achieve an equivalent or greater level of 

safety than would be achieved without 

the exemption. The exemption allows 

the applicants to operate CMVs in 

interstate commerce. 

The Agency’s decision regarding these 

exemption applications is based on the 

program eligibility criteria and an 

individualized assessment of 

information submitted by each 

applicant. The qualifications, 

experience, and medical condition of 

each applicant were stated and 

discussed in detail in the July 27, 2017, 

Federal Register notice (85 FR 35033) 

and will not be repeated in this notice. 

These 47 applicants have had ITDM 

over a range of one to 42 years. These 

applicants report no severe 

hypoglycemic reactions resulting in loss 

of consciousness or seizure, requiring 

the assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning 

symptoms, in the past 12 months and no 

recurrent (two or more) severe 

hypoglycemic episodes in the past five 

years. In each case, an endocrinologist 

verified that the driver has 

demonstrated a willingness to properly 

monitor and manage his/her diabetes 

mellitus, received education related to 

diabetes management, and is on a stable 

insulin regimen. These drivers report no 

other disqualifying conditions, 

including diabetes related 

complications. Each meets the vision 

requirement at 49 CFR 391.41(b)(10). 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the diabetes requirement in 49 CFR 

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

of safety equal to that existing without 

the exemption. 

IV. 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. 

V. Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with this 

exemption with respect to a person 

operating under the exemption. 

VI. Conclusion 

Based upon its evaluation of the 47 

exemption applications, FMCSA 

exempts the following drivers from the 

diabetes requirement in 49 CFR 

391.41(b)(10), subject to the 

requirements cited above: 

Miguel A. Alicea (CT) 

Ralph W. Boyatt (WA) 

Eduard Braun (AR) 

Mark A. Brede (MN) 

Lawrence P. Butler (CA) 

Keith T. Campbell (TX) 

Larry W. Carruth (AL) 

Dennis R. Carte (MO) 

Steven B. Carter (NC) 

Gregory L. Crawford (MI) 

James D. Duvall (VT) 

Reginald D. Evans (NE) 

Daniel F. Foder (NY) 

Daniel J. Fowler (CT) 

Michael F. Greene (MA) 

Cindy E. Grimes (NE) 

Leo J. Hoffman, Jr. (PA) 

Bradley J. Holmstrom (MN) 

Delbert E. Holt (MN) 

Alexander C. Jennings (NJ) 

Calvin W. Johnson (WI) 

Shannon E. Johnson (AZ) 

Kenneth E. King (IN) 

Anthony A. Kronbeck (MN) 

Charles P. Lane, Jr. (AL) 

Gjasi A. Leite (GA) 

Richard V. Madden (PA) 

Landon H. McCuddin (SD) 

Damien R. Mitchell (NC) 

Steven J. Mooney (AL) 

Luther G. Mumaw, Jr. (WV) 

Roberto Noa (FL) 

Benjamin P. Peirce (CA) 

Judah G. Pira (WA) 

Robert E. Racy II (OH) 

Robert P. Rowean, Jr. (MA) 

Wesley R. Schmid (CT) 

Royal J. Schultz (NY) 

Joseph B. Simon (NJ) 

Andrew J. Slionski (NY) 

Samuel L. Smith (NC) 

Terry D. Stumpff (WA) 

Manuel A. Vasquez (NJ) 

Paul O. Verly (CO) 

Alvin G. Welch (NY) 

Damien E. Wiggins (CA) 

Frank R. Woitel (NM) 

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: October 2, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–21897 Filed 10–10–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0022] 

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 22 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. 


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