Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 60957-60959 [2018-25844]

Download as PDF Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices combinations for eight years, accumulating 1.32 million miles. He holds a Class AM CDL from Georgia. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Shelby M. Kuehler Mr. Kuehler, 39, has had aphakia in his left eye since childhood. The visual acuity in his right eye is light perception, and in his left eye, 20/20. Following an examination in 2018, his optometrist stated, ‘‘In my medical opinion Shelby has sufficient vision to perform driving tasks required to operate a commercial vehicle and, in fact, he has been operating commercial vehicles for the past fifteen years.’’ Mr. Kuehler reported that he has driven straight trucks for 13 years, accumulating 455,000 miles, and tractor-trailer combinations for 13 years, accumulating 455,000 miles. He holds an operator’s license from Kansas. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Kendall S. Lane Mr. Lane, 25, has a corneal scar in his left eye due to a traumatic incident in 2014. The visual acuity in his right eye is 20/20, and in his left eye, no light perception. Following an examination in 2018, his optometrist stated, ‘‘The fact that he has been doing his job operating a commercial vehicle with his currently stable condition is proof he has sufficient vision to perform his work duties as required.’’ Mr. Lane reported that he has driven straight trucks for 30 years, accumulating 300,000 miles. He holds a Class A CDL from Oklahoma. 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 Leonard Morris Mr. Morris, 63, has had a chorioretinal scar in his left eye since 2013. The visual acuity in his right eye is 20/20, and in his left eye, hand motion. Following an examination in 2018, his optometrist stated, ‘‘In my opinion he has sufficient vision to operate a commercial vehicle.’’ Mr. Morris reported that he has driven tractor-trailer combinations for 43 years, accumulating 2.15 million miles. He holds a Class A CDL from New Jersey. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. VerDate Sep<11>2014 17:45 Nov 26, 2018 Jkt 247001 Gale L. O’Neil Mr. O’Neil, 60, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/100, and in his left eye, 20/25. Following an examination in 2018, his optometrist stated, ‘‘He has sufficient vision to operate a commercial vehicle.’’ Mr. O’Neil reported that he has driven straight trucks for 44 years, accumulating 660,000 miles. He holds an operator’s license from Pennsylvania. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Issued on: November 21, 2018. Larry W. Minor, Associate Administrator for Policy. Michael L. Sheldon Mr. Sheldon, 53, has a cataract in his right eye due to a traumatic incident in 2005. The visual acuity in his right eye is 20/300, and in his left eye, 20/20. Following an examination in 2018, his optometrist stated, ‘‘In my opinion Michael has sufficient vision to drive a commercial vehicle.’’ Mr. Sheldon reported that he has driven straight trucks for 22 years, accumulating 220,000 miles, and tractor-trailer combinations for 37 years, accumulating 1.48 million miles. He holds an operator’s license from Nebraska. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. AGENCY: Pedro T. Tellez Alvarez Mr. Tellez Alvarez, 26, has a chorioretinal scar in his right eye due to an infection in childhood. The visual acuity in his right eye is 20/125, and in his left eye, 20/25. Following an examination in 2018, his optometrist stated, ‘‘However, due to the childhood nature of this visual reduction Mr. Tellez Alvarez should have no difficulties operating a commercial vehicle due to the fact that recent onset visual losses impede drivers significantly more than longstanding vision losses.’’ Mr. Tellez Alvarez reported that he has driven tractortrailer combinations for three years, accumulating 255,000 miles. He holds a Class A CDL from California. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. IV. 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. PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 60957 [FR Doc. 2018–25850 Filed 11–26–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2018–0203] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA), DOT ACTION: Notice of final disposition. FMCSA announces its decision to exempt 46 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 October 11, 2018. The exemptions expire on October 11, 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., 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: SUMMARY: I. Public Participation A. Viewing Documents and Comments To view comments, as well as any documents mentioned in this notice as being available in the docket, go to https://www.regulations.gov. Insert the docket number, FMCSA–2018–0203, in the keyword box, and click ‘‘Search.’’ Next, click the ‘‘Open Docket Folder’’ button and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. E:\FR\FM\27NON1.SGM 27NON1 60958 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices B. 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 www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. amozie on DSK3GDR082PROD with NOTICES1 II. Background On September 10, 2018, FMCSA published a notice announcing receipt of applications from 46 individuals requesting an exemption from diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from the public (83 FR 45736). The public comment period ended on October 10, 2018, 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)(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 one comment in this proceeding. Ms. Johnson stated Minnesota Department of Public Safety is in support of granting the Federal Diabetes exemption to Anthony D. Anderson, Jason R. Miller, and James B. Stevens. In reference to Chad M. Kunkel, Ms. Johnson noted no objection if FMCSA has no issue with the August 2016 crash information on this driver’s record. She also noted that FMCSA had previously rescinded this exemption in January 2018. FMCSA requests a Motor Vehicle Record during the diabetes application process and reviews all previous exemption actions to ensure that the necessary equivalent level of safety is achieved to be granted the Federal diabetes exemption. In doing so, FMCSA did not find information that indicates that Mr. Chad M. Kunkel should not be granted this exemption. IV. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for up to five years from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is likely to achieve an equivalent or VerDate Sep<11>2014 17:45 Nov 26, 2018 Jkt 247001 greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. FMCSA grants exemptions from the FMCSRs for a two-year period to align with the maximum duration of a driver’s medical certification. 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 September 10, 2018, Federal Register notice (83 FR 45736) and will not be repeated in this notice. These 46 applicants have had ITDM over a range of 1 to 36 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 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 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 46 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 D. Anderson (MN) Larry S. Arringdale (IN) Brad M.O. Bennett (OR) Ronald S. Blackwell (ID) Christine Byrd (IA) Garrett T. Cameron (OH) Alfredo Casillas (TX) Guerschom K. Chiwengo (VA) David A. Coltrain (IA) James D. Cosgrove (MA) Jerome Davis, Sr. (AZ) Donald R. DeKruger (CO) Joseph M. Dema (IL) Lynx D. Gardner (NE) Timothy M. Getchius (NY) Jeffrey M. Halida (WI) Corey A. Harell (IL) Donald B. Harwell (SC) John T. Ingin (NY) James M. Kay (IN) Marcus E.M. Killman (KS) Mark R. Kuhn (PA) Chad M. Kunkel (MN) Lawrence J. Lucero (WA) Curtis M. Lyons (IN) Antonia Madrid (NM) Nankishore Mangal (CT) Fernando Martins (NH) Vincent Matthews (SC) Lawrence C. Maughan (UT) Peter M. Meserve (NH) Jason R. Miller (MN) Philips Ng (MA) Don C. Oden (KS) Charles T. Pappas (WA) Stacy S. Patterson (VA) Nathaniel P. Probasco (PA) Mark K. Pugh (PA) Anthony Rivera (NJ) Eddie A. Sellars (NC) James B. Stevens (MN) E:\FR\FM\27NON1.SGM 27NON1 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices Edwinn D. Strong (IL) Terelle E. Thomas (VA) Harvey S. Vaea (CA) Gene A. Vieira (FL) Ronald Walker, Sr. (IL) 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: November 20, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–25844 Filed 11–26–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2016–0128] Pipeline Safety: Meeting of the Voluntary Information-Sharing System Working Group Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice. AGENCY: This notice announces a public meeting of the Voluntary Information-sharing System (VIS) Working Group. The VIS Working Group will convene to discuss proposed recommendations to establish a voluntary information-sharing system. DATES: The public meeting will be held on December 18, 2018 from 9:00 a.m. to 5:00 p.m. ET and December 19, 2018, from 8:30 a.m. to 5:00 p.m. ET. Members of the public who wish to attend in person should register no later than December 11, 2018. Individuals requiring accommodations, such as sign language interpretation or other ancillary aids, may notify PHMSA by December 11, 2018. For additional information, see the ADDRESSES section. ADDRESSES: The meeting will be held at the U.S. Department of Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590. The meeting agenda and additional information will be published on the following VIS Working Group registration page at: https:// amozie on DSK3GDR082PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:45 Nov 26, 2018 Jkt 247001 primis.phmsa.dot.gov/meetings/ MtgHome.mtg?mtg=141. The meeting will not be webcast; however, presentations will be available on the meeting website and posted on the E-Gov website, https:// www.regulations.gov, under docket number PHMSA–2016–0128 within 30 days following the meeting. Public Participation: This meeting will be open to the public. Members of the public who attend in person will also be provided an opportunity to make a statement during the meeting. Written Comments: Persons who wish to submit written comments on the meeting may submit them to the docket in the following ways: E-Gov Website: https:// www.regulations.gov. This site allows the public to enter comments on any Federal Register notice issued by any agency. Fax: 1–202–493–2251. Mail: Docket Management Facility; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE, West Building, Room W12–140, Washington, DC 20590–0001. Hand Delivery: Room W12–140 on the ground level of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday through Friday, except on Federal holidays. Instructions: Identify the docket number PHMSA–2016–0128 at the beginning of your comments. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). Therefore, consider reviewing DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000, (65 FR 19477), or view the Privacy Notice at https://www.regulations.gov before submitting comments. Docket: For docket access or to read background documents or comments, go to https://www.regulations.gov at any time or to Room W12–140 on the ground level of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. If you wish to receive confirmation of receipt of your written comments, please include a self-addressed, stamped postcard with the following statement: ‘‘Comments on PHMSA– PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 60959 2016- 0128.’’ The docket clerk will date stamp the postcard prior to returning it to you via the U.S. mail. Privacy Act Statement DOT may solicit comments from the public regarding certain general notices. 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. Services for Individuals With Disabilities The public meeting will be physically accessible to people with disabilities. Individuals requiring accommodations, such as sign language interpretation or other ancillary aids, are asked to notify Dr. Christie Murray at christie.murray@ dot.gov. FOR FURTHER INFORMATION CONTACT: For information about the meeting, contact Dr. Christie Murray by phone at 202– 366–4996 or by email at christie.murray@dot.gov. SUPPLEMENTARY INFORMATION: I. Background The VIS Working Group is an advisory committee established in accordance with Section 10 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (Pub. L. 114–183), the Federal Advisory Committee Act of 1972 (5 U.S.C., App. 2, as amended), and 41 CFR 102–3.50(a). II. Meeting Details and Agenda The VIS Working Group agenda will include briefings on topics such as mandate requirements, integrity management, data types and tools, inline inspection and other direct assessment methods, geographic information system implementation, subcommittee considerations, lessons learned, examples of existing information-sharing systems, safety management systems, and more. As part of its work, the committee will ultimately provide recommendations to the Secretary as required and specifically outlined in Section 10 of Public Law 114–183, addressing: (a) The need for, and the identification of, a system to ensure that dig verification data are shared with inline inspection operators to the extent consistent with the need to maintain proprietary and security-sensitive data in a confidential manner to improve pipeline safety and inspection technology; E:\FR\FM\27NON1.SGM 27NON1

Agencies

[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Notices]
[Pages 60957-60959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25844]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2018-0203]


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 46 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 October 11, 2018. The 
exemptions expire on October 11, 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., 
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. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice 
as being available in the docket, go to https://www.regulations.gov. 
Insert the docket number, FMCSA-2018-0203, in the keyword box, and 
click ``Search.'' Next, click the ``Open Docket Folder'' button and 
choose the document to review. If you do not have access to the 
internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

[[Page 60958]]

B. 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 www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    On September 10, 2018, FMCSA published a notice announcing receipt 
of applications from 46 individuals requesting an exemption from 
diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from 
the public (83 FR 45736). The public comment period ended on October 
10, 2018, 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)(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 one comment in this proceeding. Ms. Johnson stated 
Minnesota Department of Public Safety is in support of granting the 
Federal Diabetes exemption to Anthony D. Anderson, Jason R. Miller, and 
James B. Stevens. In reference to Chad M. Kunkel, Ms. Johnson noted no 
objection if FMCSA has no issue with the August 2016 crash information 
on this driver's record. She also noted that FMCSA had previously 
rescinded this exemption in January 2018. FMCSA requests a Motor 
Vehicle Record during the diabetes application process and reviews all 
previous exemption actions to ensure that the necessary equivalent 
level of safety is achieved to be granted the Federal diabetes 
exemption. In doing so, FMCSA did not find information that indicates 
that Mr. Chad M. Kunkel should not be granted this exemption.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for up to five years 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. FMCSA 
grants exemptions from the FMCSRs for a two-year period to align with 
the maximum duration of a driver's medical certification.
    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 September 10, 2018, Federal 
Register notice (83 FR 45736) and will not be repeated in this notice.
    These 46 applicants have had ITDM over a range of 1 to 36 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 46 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 D. Anderson (MN)
Larry S. Arringdale (IN)
Brad M.O. Bennett (OR)
Ronald S. Blackwell (ID)
Christine Byrd (IA)
Garrett T. Cameron (OH)
Alfredo Casillas (TX)
Guerschom K. Chiwengo (VA)
David A. Coltrain (IA)
James D. Cosgrove (MA)
Jerome Davis, Sr. (AZ)
Donald R. DeKruger (CO)
Joseph M. Dema (IL)
Lynx D. Gardner (NE)
Timothy M. Getchius (NY)
Jeffrey M. Halida (WI)
Corey A. Harell (IL)
Donald B. Harwell (SC)
John T. Ingin (NY)
James M. Kay (IN)
Marcus E.M. Killman (KS)
Mark R. Kuhn (PA)
Chad M. Kunkel (MN)
Lawrence J. Lucero (WA)
Curtis M. Lyons (IN)
Antonia Madrid (NM)
Nankishore Mangal (CT)
Fernando Martins (NH)
Vincent Matthews (SC)
Lawrence C. Maughan (UT)
Peter M. Meserve (NH)
Jason R. Miller (MN)
Philips Ng (MA)
Don C. Oden (KS)
Charles T. Pappas (WA)
Stacy S. Patterson (VA)
Nathaniel P. Probasco (PA)
Mark K. Pugh (PA)
Anthony Rivera (NJ)
Eddie A. Sellars (NC)
James B. Stevens (MN)

[[Page 60959]]

Edwinn D. Strong (IL)
Terelle E. Thomas (VA)
Harvey S. Vaea (CA)
Gene A. Vieira (FL)
Ronald Walker, Sr. (IL)

    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: November 20, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-25844 Filed 11-26-18; 8:45 am]
 BILLING CODE 4910-EX-P
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