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. 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
47310 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 

DATES: The exemptions were applicable 

on September 12, 2017. The exemptions 

expire on September 12, 2019. Each 

group of exemptions were applicable on 

the dates stated in the discussions 

below and will expire on the dates 

stated in the discussions below. 

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 August 10, 2017, FMCSA 

published a notice announcing receipt 

of applications from 22 individuals 

requesting an exemption from vision 

requirement in 49 CFR 391.41(b)(10) 

and requested comments from the 

public (82 FR 37504). The public 

comment period ended on September 

11, 2017, and one comment was 

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 driver 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 one comment in this 

proceeding. Vicky Johnson stated 

Minnesota Driver and Vehicle Services 

(DVS) has no objections to Ray M. Bliss 

retaining his CDL with his vision 

exemption. 

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, 

experience, and medical condition of 

each applicant were stated and 

discussed in detail in the August 10, 

2017, Federal Register notice (82 FR 

37504) and will not be repeated in this 

notice. 

FMCSA recognizes that some drivers 

do not meet the vision requirement but 

have adapted their driving to 

accommodate their limitation and 

demonstrated their ability to drive 

safely. The 22 exemption applicants 

listed in this notice are in this category. 

They are unable to meet the vision 

requirement in one eye for various 

reasons, including amblyopia, central 

retinal vein occlusion, complete loss of 

vision, fibrosis, macular scarring, 

phthisis bulbi, prosthetic eye, retinal 

scarring, and scotoma. In most cases, 

their eye conditions were not recently 

developed. Nineteen of the applicants 

were either born with their vision 

impairments or have had them since 

childhood. The three individuals that 

sustained their vision conditions as 

adults have had it for a range of five to 

23 years. Although each applicant has 

one eye which does not meet the vision 

requirement in 49 CFR 391.41(b)(10), 

each has at least 20/40 corrected vision 

in the other eye, and in a doctor’s 

opinion, has sufficient vision to perform 

all the tasks necessary to operate a CMV. 

Doctors’ opinions are supported by 

the applicants’ possession of a valid 

license to operate a CMV. By meeting 

State licensing requirements, the 

applicants demonstrated their ability to 

operate a CMV, with their limited vision 

in intrastate commerce, even though 

their vision disqualified them from 

driving in interstate commerce. We 

believe that the applicants’ intrastate 

driving experience and history provide 

an adequate basis for predicting their 

ability to drive safely in interstate 

commerce. Intrastate driving, like 

interstate operations, involves 

substantial driving on highways on the 

interstate system and on other roads 

built to interstate standards. Moreover, 

driving in congested urban areas 

exposes the driver to more pedestrian 

and vehicular traffic than exists on 

interstate highways. Faster reaction to 

traffic and traffic signals is generally 

required because distances between 

them are more compact. These 

conditions tax visual capacity and 

driver response just as intensely as 

interstate driving conditions. 

The applicants in this notice have 

driven CMVs with their limited vision 

in careers ranging for three to 38 years. 

In the past three years, one driver was 

involved in a crash, and no drivers were 

convicted of moving violations in 

CMVs. All the applicants achieved a 

record of safety while driving with their 

vision impairment, demonstrating the 

likelihood that they have adapted their 

driving skills to accommodate their 

condition. As the applicants’ ample 

driving histories with their vision 

deficiencies are good predictors of 

future performance, FMCSA concludes 

their ability to drive safely can be 

projected into the future. 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the vision requirement in 49 CFR 

391.41(b)(10) 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 be physically examined 

every year (a) by an ophthalmologist or 

optometrist who attests that the vision 

in the better eye continues to meet the 

standard in 49 CFR 391.41(b)(10) and (b) 

by a certified Medical Examiner who 

attests that the individual is otherwise 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 47311 

physically qualified under 49 CFR 

391.41; (2) 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 (3) each 

driver must provide a copy of the 

annual medical certification to the 

employer for retention in the driver’s 

qualification file, or keep 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 22 

exemption applications, FMCSA 

exempts the following drivers from the 

vision requirement, 49 CFR 

391.41(b)(10), subject to the 

requirements cited above: 

Eddie S. Bennett (MI) 

Ray M. Bliss (MN) 

Gary S. Boryk (VA) 

Jonathan E. Burt (VT) 

David A. Cooper (WV) 

Nicholas M. Deschepper (SD) 

Frank J. Devitz (PA) 

John F. Ferguson, Jr. (PA) 

Dominick P. Fittipaldi (PA) 

Alvin H. Horgdal (IA) 

Louis R. LeMonds, Jr. (WA) 

Jonathan Marin (NJ) 

Mark E. McNaughton (IA) 

Louis Neofotistos (MA) 

Josue M. Rodriguez-Espinoza (CA) 

James R. Rupert (CA) 

Christopher J. Schmidt (WI) 

Brandon L. Siebe (KY) 

Greg C. Stilson (WY) 

Paul M. Wooton (KY) 

Willie C. Young (TX) 

Eloy Zuniga (TX) 

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 and 

31315. 

Issued on: October 2, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–21898 Filed 10–10–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0180] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to grant exemptions for four 

individuals from the requirement in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) that interstate 

commercial motor vehicle (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.’’ The 

exemptions enable these individuals 

who have had one or more seizures and 

are taking anti-seizure medication to 

continue to operate CMVs in interstate 

commerce. 

DATES: The exemptions were applicable 

on September 2, 2017. The exemptions 

expire on September 2, 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., 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. 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., 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 August 2, 2017, FMCSA published 

a notice announcing its decision to grant 

exemptions for four individuals from 

the epilepsy and seizure disorders 

prohibition in 49 CFR 391.41(b)(8) to 

operate a CMV in interstate commerce 

and requested comments from the 

public (82 FR 36072). The public 

comment period ended on September 1, 

2017, and no comments were received. 

As stated in the previous notice, 

FMCSA has evaluated the eligibility of 

these applicants and determined that 

granting these exemptions 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)(8). 

The physical qualification standard 

for drivers regarding epilepsy found in 

49 CFR 391.41(b)(8) states that a person 

is physically qualified to drive a CMV 

if that person: 

Has no established medical history or 

clinical diagnosis of epilepsy or any other 

condition which is likely to cause the loss of 

consciousness or any loss of ability to control 

a CMV. 

In addition to the regulations, FMCSA 

has published advisory criteria to assist 

Medical Examiners in determining 

whether drivers with certain medical 

conditions are qualified to operate a 

CMV in interstate commerce. [49 CFR 

part 391, APPENDIX A TO PART 391— 

MEDICAL ADVISORY CRITERIA, 

section H. Epilepsy: § 391.41(b)(8), 

paragraphs 3, 4, and 5.] 

III. Discussion of Comments 

FMCSA received no comments in this 

preceding. 

IV. Conclusion 

Based upon its evaluation of the four 

exemption applications and comments 

received, FMCSA announces its’ 

decision to exempt the following drivers 

from the epilepsy and seizure disorders 

prohibition in 49 CFR 391.41 (b)(8): 

As of September 2, 2017, and in 

accordance with 49 U.S.C. 31136(e) and 

31315, the following four individuals 

have satisfied the conditions for 


asabaliauskas on DSKBBXCHB2PROD with NOTICES