Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 28337-28339 [2018-13011]
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Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices
has driven straight trucks for six years,
accumulating 180,000 miles, and
tractor-trailer combinations for four
years, accumulating 40,000 miles. He
holds an operator’s license from South
Dakota. His driving record for the last
three years shows no crashes and no
convictions for moving violations in a
CMV.
Marco A. Pinto
Mr. Pinto, 70, has a prosthetic left eye
due to a traumatic incident in 2001. The
visual acuity in his right eye is 20/20,
and in his left eye, no light perception.
Following an examination in 2018, his
ophthalmologist stated, ‘‘I believe he
has sufficient vision to perform the
driving tasks needed to operate a
commercial vehicle.’’ Mr. Pinto reported
that he has driven tractor-trailer
combinations for 54 years, accumulating
5.4 million miles. He holds a Class A
CDL from New York. His driving record
for the last three years shows no crashes
and no convictions for moving
violations in a CMV.
Andrew R. Sampson, Jr.
Mr. Sampson, 50, has complete loss of
vision in his left eye due to a ruptured
globe in childhood. The visual acuity in
his right eye is 20/15, and in his left eye,
no light perception. Following an
examination in 2018, his optometrist
stated, ‘‘I certify that Mr. Sampson, in
my medical opinion, has sufficient
vision to perform driving tasks required
to operate a commercial vehicle.’’ Mr.
Sampson reported that he has driven
straight trucks for 15 years,
accumulating 720,000 miles, and
tractor-trailer combinations for two
years, accumulating 80,000 miles. He
holds a Class A CDL from Maryland. His
driving record for the last three years
shows no crashes and no convictions for
moving violations in a CMV.
amozie on DSK3GDR082PROD with NOTICES1
Khamla Vongvoraseng
Ms. Vongvoraseng, 37, has had
amblyopia in her right eye since
childhood. The visual acuity in her right
eye is 20/100, and in her left eye, 20/
20. Following an examination in 2018,
her optometrist stated, ‘‘Without a
doubt, I certify that in my medical
opinion, Ms. Khamla Vongvoraseng has
sufficient vision to perform the driving
task required to operate a commercial
vehicle.’’ Ms. Vongvoraseng reported
that she has driven straight trucks for
five years, accumulating 121,920 miles.
She holds an operator’s license from
North Carolina. Her driving record for
the last three years shows no crashes
and no convictions for moving
violations in a CMV.
VerDate Sep<11>2014
18:00 Jun 15, 2018
Jkt 244001
28337
III. Request for Comments
DEPARTMENT OF TRANSPORTATION
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.
Federal Motor Carrier Safety
Administration
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
https://www.regulations.gov and in the
search box insert the docket number
FMCSA–2018–0013 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 https://www.regulations.gov and in
the search box insert the docket number
FMCSA–2018–0013 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
Issued on: June 11, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–13006 Filed 6–15–18; 8:45 am]
BILLING CODE 4910–EX–P
PO 00000
Frm 00156
Fmt 4703
Sfmt 4703
[FMCSA Docket No. FMCSA–2018–0024]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt 72 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 May 10, 2018. The exemptions
expire on May 10, 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:
SUMMARY:
I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
E:\FR\FM\18JNN1.SGM
18JNN1
28338
Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices
II. Background
On April 9, 2018, FMCSA published
a notice announcing receipt of
applications from 72 individuals
requesting an exemption from diabetes
requirement in 49 CFR 391.41(b)(3) and
requested comments from the public (83
FR 15202). The public comment period
ended on May 9, 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)(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 no comments in this
proceeding.
amozie on DSK3GDR082PROD with NOTICES1
IV. 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 April 9, 2018,
Federal Register notice (83 FR 15202)
and will not be repeated in this notice.
These 72 applicants have had ITDM
over a range of 1 to 32 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
VerDate Sep<11>2014
18:00 Jun 15, 2018
Jkt 244001
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.
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 72
exemption applications, FMCSA
exempts the following drivers from the
diabetes requirement in 49 CFR
391.41(b)(10), subject to the
requirements cited above:
Anthony R. Adamo (NY)
Waleid M. Aly (NJ)
Danny T. Anderson (GA)
Robert F. Araway, II (MI)
Roger M. Aschan (IA)
James V. Azzarello (PA)
Curtis B. Baker (DE)
Keith L. Banitt (MN)
PO 00000
Frm 00157
Fmt 4703
Sfmt 4703
Robert L. Bates (TX)
Timmy L. Bergman (IN)
John G. Biggs (MO)
Jason R. Brown (IA)
David W. Burkholder (PA)
Jeffrey J. Burrichter (TX)
Lou M. Cain (TX)
Brayden S. Carothers (UT)
William E. Carr (MA)
Ebon T. Christian (CA)
Yasser A. Daadour (WA)
Michael C. Elliott (KY)
Michael A. Fowler (OH)
Corey J. Gillard (TN)
John D. Goodrich (NE)
Mike Gordon (CA)
Daniel W. Greene (IN)
Rodney K. Hammond (IN)
Kasey D. Hardie (WA)
Donald F. Higgins (IN)
Raymond O. Hill (IL)
Peter M. Hluchaniuk (FL)
Phillip G. Hortin (IN)
Robert C. Hosfelt (PA)
Benjirman A. Hufstedler (NE)
Terry A. Jeralds (IL)
Nicholas L. Judd (KS)
Joseph Kohorst (TX)
Matthew J. Lacey, Sr. (IL)
Douglas B. Lampela (MI)
Timothy Leroux (MA)
Robert A. Lukasavage (PA)
Elias Martinez-Medina (ID)
Michael E. Maxcy (MS)
Edwin P. McNamara (SD)
Barbara J. McNew (IN)
William A. Mejia (MA)
David L. Mitchell (IA)
Ibrahim Moussa (IN)
Steven E. Nixon (CO)
Kendrick D. Northan (VA)
Robert L. Pae, Jr. (NJ)
James A. Parnell (SC)
Tyler D. Pittsley (ND)
Austin L. Powell (TX)
Randolph L. Saunders (PA)
Thomas J. Scholten (MI)
Gerod M. Scott (SC)
Patty A. Sealy (AL)
Elvin L. Shaum (OH)
Joseph A. Snyder (OH)
Brandon T. Staebler (OR)
Max H. Swartz, Jr. (PA)
Brian J. Tegeler (IL)
Tony L. Tracy (IN)
Jonathan P. Tschannen (IL)
Philip C. Vanderiet (TX)
David W. Vickmark (MN)
Aaron A. Ward (IL)
Jerry C. Ward (LA)
Michael A. Wells (GA)
Kennie O. Williams (NC)
Robert V. Woodrup (NC)
Joseph H. Woods (OH)
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
E:\FR\FM\18JNN1.SGM
18JNN1
Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices
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: June 11, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–13011 Filed 6–15–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2018–0025]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt 40 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 May 30, 2018. The exemptions
expire on May 30, 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:
amozie on DSK3GDR082PROD with NOTICES1
SUMMARY:
I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov and/or Room
W12–140 on the ground level of the
VerDate Sep<11>2014
18:00 Jun 15, 2018
Jkt 244001
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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
II. Background
On April 27, 2018, FMCSA published
a notice announcing receipt of
applications from 40 individuals
requesting an exemption from diabetes
requirement in 49 CFR 391.41(b)(3) and
requested comments from the public (83
FR 18627). The public comment period
ended on May 29, 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)(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 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 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 April 27,
2018, Federal Register notice (83 FR
18627) and will not be repeated in this
notice.
PO 00000
Frm 00158
Fmt 4703
Sfmt 4703
28339
These 40 applicants have had ITDM
over a range of 1 to 37 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.
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.
E:\FR\FM\18JNN1.SGM
18JNN1
Agencies
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28337-28339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13011]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2018-0024]
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 72 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 May 10, 2018. The exemptions
expire on May 10, 2020.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (202) 366-4001, [email protected], 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: https://www.regulations.gov.
Docket: For access to the docket to read background documents or
comments, go to https://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 https://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at https://www.dot.gov/privacy.
[[Page 28338]]
II. Background
On April 9, 2018, FMCSA published a notice announcing receipt of
applications from 72 individuals requesting an exemption from diabetes
requirement in 49 CFR 391.41(b)(3) and requested comments from the
public (83 FR 15202). The public comment period ended on May 9, 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)(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 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 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 April 9, 2018, Federal
Register notice (83 FR 15202) and will not be repeated in this notice.
These 72 applicants have had ITDM over a range of 1 to 32 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.
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 72 exemption applications, FMCSA
exempts the following drivers from the diabetes requirement in 49 CFR
391.41(b)(10), subject to the requirements cited above:
Anthony R. Adamo (NY)
Waleid M. Aly (NJ)
Danny T. Anderson (GA)
Robert F. Araway, II (MI)
Roger M. Aschan (IA)
James V. Azzarello (PA)
Curtis B. Baker (DE)
Keith L. Banitt (MN)
Robert L. Bates (TX)
Timmy L. Bergman (IN)
John G. Biggs (MO)
Jason R. Brown (IA)
David W. Burkholder (PA)
Jeffrey J. Burrichter (TX)
Lou M. Cain (TX)
Brayden S. Carothers (UT)
William E. Carr (MA)
Ebon T. Christian (CA)
Yasser A. Daadour (WA)
Michael C. Elliott (KY)
Michael A. Fowler (OH)
Corey J. Gillard (TN)
John D. Goodrich (NE)
Mike Gordon (CA)
Daniel W. Greene (IN)
Rodney K. Hammond (IN)
Kasey D. Hardie (WA)
Donald F. Higgins (IN)
Raymond O. Hill (IL)
Peter M. Hluchaniuk (FL)
Phillip G. Hortin (IN)
Robert C. Hosfelt (PA)
Benjirman A. Hufstedler (NE)
Terry A. Jeralds (IL)
Nicholas L. Judd (KS)
Joseph Kohorst (TX)
Matthew J. Lacey, Sr. (IL)
Douglas B. Lampela (MI)
Timothy Leroux (MA)
Robert A. Lukasavage (PA)
Elias Martinez-Medina (ID)
Michael E. Maxcy (MS)
Edwin P. McNamara (SD)
Barbara J. McNew (IN)
William A. Mejia (MA)
David L. Mitchell (IA)
Ibrahim Moussa (IN)
Steven E. Nixon (CO)
Kendrick D. Northan (VA)
Robert L. Pae, Jr. (NJ)
James A. Parnell (SC)
Tyler D. Pittsley (ND)
Austin L. Powell (TX)
Randolph L. Saunders (PA)
Thomas J. Scholten (MI)
Gerod M. Scott (SC)
Patty A. Sealy (AL)
Elvin L. Shaum (OH)
Joseph A. Snyder (OH)
Brandon T. Staebler (OR)
Max H. Swartz, Jr. (PA)
Brian J. Tegeler (IL)
Tony L. Tracy (IN)
Jonathan P. Tschannen (IL)
Philip C. Vanderiet (TX)
David W. Vickmark (MN)
Aaron A. Ward (IL)
Jerry C. Ward (LA)
Michael A. Wells (GA)
Kennie O. Williams (NC)
Robert V. Woodrup (NC)
Joseph H. Woods (OH)
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
[[Page 28339]]
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: June 11, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-13011 Filed 6-15-18; 8:45 am]
BILLING CODE 4910-EX-P