80 FR 50918 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 162 (August 21, 2015)

Page Range		50918-50920
FR Document		2015-20687

FMCSA announces its decision to renew the exemptions from the Epilepsy and Seizure Disorders requirement in the Federal Motor Carrier Safety Regulations for 29 individuals. FMCSA has statutory authority to exempt individuals from the Epilepsy and Seizure Disorders requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

Federal Register, Volume 80 Issue 162 (Friday, August 21, 2015)

[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Notices]
[Pages 50918-50920]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20687]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0355; FMCSA-2010-0203; FMCSA-2011-0389; FMCSA-
2012-0050; FMCSA-2012-0094; FMCSA-2012-0294; FMCSA-2013-0106]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the 
Epilepsy and Seizure Disorders requirement in the Federal Motor Carrier 
Safety Regulations for 29 individuals. FMCSA has statutory authority to 
exempt individuals from the Epilepsy and Seizure Disorders requirement 
if the exemptions granted will not compromise safety. The Agency has 
concluded that granting these exemption renewals will provide a level 
of safety that is equivalent to or greater than the level of safety 
maintained without the exemptions for these commercial motor vehicle 
(CMV) drivers.

DATES: This decision is effective July 12, 2015. Comments must be 
received on or before September 21, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. [FMCSA-2008-
0355; FMCSA-2010-0203; FMCSA-2011-0389; FMCSA-2012-0050; FMCSA-2012-
0094; FMCSA-2012-0294; FMCSA-2013-0106], using any of the following 
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number for this notice. Note that DOT posts all comments 
received without change to http://www.regulations.gov, including any 
personal information included in a

[[Page 50919]]

comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Federal Docket Management System (FDMS) is 
available 24 hours each day, 365 days each year. If you want 
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments on-line.

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.

FOR FURTHER INFORMATION CONTACT: Charles Horan III, Director, Carrier & 
Vehicles Safety Standards, 202-366-4001, [email protected]t.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. 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption 
from the Epilepsy and Seizure Disorders requirements in 49 CFR 
391.41(b)(8), which applies to drivers of CMVs in interstate commerce, 
for a two-year period if it finds ``such exemption would likely achieve 
a level of safety that is equivalent to or greater than the level that 
would be achieved absent such exemption.'' The procedures for 
requesting an exemption (including renewals) are set out in 49 CFR part 
381.

Exemption Decision

    This notice addresses 29 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these applications for renewal on their merits and decided to 
extend each exemption for a renewable two-year period. They are:
    Patrick N. Andreasen (PA), Prince Austin, Jr. (OH), Samuel D. 
Beverly, Jr. (VA), John W. Boerth (WI), Michael C. Breitbach (IA), Todd 
W. Brock (CO), Craig R. Bugella ((WI), Frank J. Cekovic (PA), Joseph 
D'Angelo (NY), Todd A. Davis (WI), Steven Gordon (MT), James R. Gorniak 
(WI), Brian R. Hanson (OR), Eric A. Hilmer (WI), Kevin A. Jandreau 
(ME), David Kietzman (WI), Jason Kirkham (WI), Joseph A. Kogut (NY), 
William P. Lago (MA), Michael K. Lail (NC), Robert J. Mooney (OH), 
Jeffrey P. Moore (NY), Diana J. Mugford (VT), Brian J. Porter (PA), 
Michael Righter (PA), Douglas S. Slagel (OH), Robert C. Spencer (FL), 
Brian J. Wiggins (ID), Timothy M. Zahratka (MN).
    These exemptions are extended subject to the driver maintaining a 
stable treatment regimen and remaining seizure-free during the 2-year 
exemption period. The exempted drivers must submit a physician 
statement from their treating physician attesting to the stability of 
treatment and that the driver has remained seizure-free. The driver 
must undergo an annual medical examination by a medical examiner, as 
defined by 49 CFR 390.5, following the FCMSA's regulations for the 
physical qualifications for CMV drivers. The exemption will be 
rescinded if: (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 before it was 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.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application for additional two year periods. In accordance with 49 
U.S.C. 31136(e) and 31315, each of the 29 applicants has satisfied the 
entry conditions for obtaining an exemption from the Epilepsy and 
Seizure Disorder requirements (73 FR 75167; 75 FR 38599; 77 FR 537; 77 
FR 12360; 78 FR 3077; 78 FR 3079; 78 FR 24301). Each of these 29 
applicants has requested renewal of the exemption and has submitted 
evidence showing that they have maintained a stable treatment regimen 
and remained seizure-free during the 2-year exemption period. The 
exempted drivers must submit a physician statement from their treating 
physicians attesting to the stability of treatment and that the driver 
has remained seizure-free. The driver must undergo an annual medical 
examination by a medical examiner, as defined by 49 CFR 390.5, 
following the FCMSA's regulations for the physical qualifications for 
CMV drivers. In addition to evaluating the medical status of each 
applicant CDLIS and MCMIS were searched for crash and violation data on 
the 29 applicants. For non-CDL holders, the Agency reviewed the driving 
records from the State licensing agency. These factors provide an 
adequate basis for predicting each driver's ability to continue to 
drive safely in interstate commerce. Therefore, FMCSA concludes that 
extending the exemption for each renewal applicant for a period of two 
years is likely to achieve a level of safety equal to that existing 
without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a 
particular driver's safety record and determine if the continuation of 
the exemption is consistent with the requirements at 49 U.S.C. 31136(e) 
and 31315. However, FMCSA requests that interested parties with 
specific data concerning the safety records of these drivers submit 
comments by September 21, 2015.
    FMCSA believes that the requirements for a renewal of an exemption 
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially 
granting the renewal and then requesting and evaluating, if needed, 
subsequent comments submitted by interested parties. As indicated 
above, the Agency previously published notices of final disposition 
announcing its decision to exempt these 29 individuals from the 
Epilepsy and Seizure Disorders requirement in 49 CFR 391.41(b)(8). The 
final decision to grant an exemption to each of these individuals was 
made on the merits of each case and made only after careful 
consideration of the comments received to its notices of applications. 
The notices of applications stated the medical condition of each 
applicant for an exemption from the Epilepsy and Seizure requirements. 
That information is available by consulting the above cited Federal 
Register publications.
    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315, FMCSA will take immediate steps to revoke the 
exemption of a driver.

[[Page 50920]]

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 http://www.regulations.gov and 
in the search box insert the docket numbers FMCSA-2008-0355; FMCSA-
2010-0203; FMCSA-2011-0389; FMCSA-2012-0050; FMCSA-2012-0094; FMCSA-
2012-0294; FMCSA-2013-0106 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 8\1/2\ 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, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
notice, or to submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number 
FMCSA-2008-0355; FMCSA-2010-0203; FMCSA-2011-0389; FMCSA-2012-0050; 
FMCSA-2012-0094; FMCSA-2012-0294; FMCSA-2013-0106 and click ``Search.'' 
Next, click ``Open Docket Folder'' and you will find all documents and 
comments related to this document.

    Issued on: August 3, 2015.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-20687 Filed 8-20-15; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices 50919

comment. Please see the Privacy Act (VA), John W. Boerth (WI), Michael C. qualifications for CMV drivers. In
heading below. Breitbach (IA), Todd W. Brock (CO), addition to evaluating the medical
Docket: For access to the docket to Craig R. Bugella ((WI), Frank J. Cekovic status of each applicant CDLIS and
read background documents or (PA), Joseph D’Angelo (NY), Todd A. MCMIS were searched for crash and
comments, go to www.regulations.gov at Davis (WI), Steven Gordon (MT), James violation data on the 29 applicants. For
any time or Room W12–140 on the R. Gorniak (WI), Brian R. Hanson (OR), non-CDL holders, the Agency reviewed
ground level of the West Building, 1200 Eric A. Hilmer (WI), Kevin A. Jandreau the driving records from the State
New Jersey Avenue SE., Washington, (ME), David Kietzman (WI), Jason licensing agency. These factors provide
DC, between 9 a.m. and 5 p.m., Monday Kirkham (WI), Joseph A. Kogut (NY), an adequate basis for predicting each
through Friday, except Federal holidays. William P. Lago (MA), Michael K. Lail driver’s ability to continue to drive
The Federal Docket Management (NC), Robert J. Mooney (OH), Jeffrey P. safely in interstate commerce.
System (FDMS) is available 24 hours Moore (NY), Diana J. Mugford (VT), Therefore, FMCSA concludes that
each day, 365 days each year. If you Brian J. Porter (PA), Michael Righter extending the exemption for each
want acknowledgment that we received (PA), Douglas S. Slagel (OH), Robert C. renewal applicant for a period of two
your comments, please include a self- Spencer (FL), Brian J. Wiggins (ID), years is likely to achieve a level of safety
addressed, stamped envelope or Timothy M. Zahratka (MN). equal to that existing without the
postcard or print the acknowledgement These exemptions are extended exemption.
page that appears after submitting subject to the driver maintaining a
comments on-line. stable treatment regimen and remaining Request for Comments
seizure-free during the 2-year exemption FMCSA will review comments
Privacy Act received at any time concerning a
period. The exempted drivers must
In accordance with 5 U.S.C. 553(c), submit a physician statement from their particular driver’s safety record and
DOT solicits comments from the public treating physician attesting to the determine if the continuation of the
to better inform its rulemaking process. stability of treatment and that the driver exemption is consistent with the
DOT posts these comments, without has remained seizure-free. The driver requirements at 49 U.S.C. 31136(e) and
edit, including any personal information must undergo an annual medical 31315. However, FMCSA requests that
the commenter provides, to examination by a medical examiner, as interested parties with specific data
www.regulations.gov, as described in defined by 49 CFR 390.5, following the concerning the safety records of these
the system of records notice (DOT/ALL– FCMSA’s regulations for the physical drivers submit comments by September
14 FDMS), which can be reviewed at qualifications for CMV drivers. The 21, 2015.
www.dot.gov/privacy. exemption will be rescinded if: (1) The FMCSA believes that the
FOR FURTHER INFORMATION CONTACT: person fails to comply with the terms requirements for a renewal of an
Charles Horan III, Director, Carrier & and conditions of the exemption; (2) the exemption under 49 U.S.C. 31136(e) and
Vehicles Safety Standards, 202–366– exemption has resulted in a lower level 31315 can be satisfied by initially
4001, fmcsamedical@dot.gov, FMCSA, of safety than was maintained before it granting the renewal and then
Department of Transportation, 1200 was granted; or (3) continuation of the requesting and evaluating, if needed,
New Jersey Avenue SE., Room W64– exemption would not be consistent with subsequent comments submitted by
224, Washington, DC 20590–0001. the goals and objectives of 49 U.S.C. interested parties. As indicated above,
Office hours are from 8:30 a.m. to 5 p.m. 31136(e) and 31315. the Agency previously published
Monday through Friday, except Federal notices of final disposition announcing
Basis for Renewing Exemptions its decision to exempt these 29
holidays.
SUPPLEMENTARY INFORMATION: Under 49 U.S.C. 31315(b)(1), an individuals from the Epilepsy and
exemption may be granted for no longer Seizure Disorders requirement in 49
Background than two years from its approval date CFR 391.41(b)(8). The final decision to
Under 49 U.S.C. 31136(e) and 31315, and may be renewed upon application grant an exemption to each of these
FMCSA may renew an exemption from for additional two year periods. In individuals was made on the merits of
the Epilepsy and Seizure Disorders accordance with 49 U.S.C. 31136(e) and each case and made only after careful
requirements in 49 CFR 391.41(b)(8), 31315, each of the 29 applicants has consideration of the comments received
which applies to drivers of CMVs in satisfied the entry conditions for to its notices of applications. The
interstate commerce, for a two-year obtaining an exemption from the notices of applications stated the
period if it finds ‘‘such exemption Epilepsy and Seizure Disorder medical condition of each applicant for
would likely achieve a level of safety requirements (73 FR 75167; 75 FR an exemption from the Epilepsy and
that is equivalent to or greater than the 38599; 77 FR 537; 77 FR 12360; 78 FR Seizure requirements. That information
level that would be achieved absent 3077; 78 FR 3079; 78 FR 24301). Each is available by consulting the above
such exemption.’’ The procedures for of these 29 applicants has requested cited Federal Register publications.
requesting an exemption (including renewal of the exemption and has Interested parties or organizations
renewals) are set out in 49 CFR part 381. submitted evidence showing that they possessing information that would
have maintained a stable treatment otherwise show that any, or all, of these
Exemption Decision regimen and remained seizure-free drivers are not currently achieving the
This notice addresses 29 individuals during the 2-year exemption period. The statutory level of safety should
who have requested renewal of their exempted drivers must submit a immediately notify FMCSA. The
exemptions in accordance with FMCSA physician statement from their treating Agency will evaluate any adverse
rmajette on DSK7SPTVN1PROD with NOTICES

procedures. FMCSA has evaluated these physicians attesting to the stability of evidence submitted and, if safety is
applications for renewal on their merits treatment and that the driver has being compromised or if continuation of
and decided to extend each exemption remained seizure-free. The driver must the exemption would not be consistent
for a renewable two-year period. They undergo an annual medical examination with the goals and objectives of 49
are: by a medical examiner, as defined by 49 U.S.C. 31136(e) and 31315, FMCSA will
Patrick N. Andreasen (PA), Prince CFR 390.5, following the FCMSA’s take immediate steps to revoke the
Austin, Jr. (OH), Samuel D. Beverly, Jr. regulations for the physical exemption of a driver.

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Document Created: 2018-02-23 11:01:05
Document Modified: 2018-02-23 11:01:05

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of renewal of exemptions; request for comments.
Dates		This decision is effective July 12, 2015. Comments must be received on or before September 21, 2015.
Contact		Charles Horan III, Director, Carrier & Vehicles Safety Standards, 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. Monday through Friday, except Federal holidays.
FR Citation		80 FR 50918

80 FR 50918 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 162 (August 21, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration