81_FR_71378 81 FR 71179 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

81 FR 71179 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 199 (October 14, 2016)

Page Range71179-71181
FR Document2016-24943

FMCSA announces receipt of applications from 11 individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to control a commercial motor vehicle (CMV) to drive in interstate commerce. If granted, the exemptions would enable these individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs in interstate commerce.

Federal Register, Volume 81 Issue 199 (Friday, October 14, 2016)
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71179-71181]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24943]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0007]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of applications for exemption; request for comments.

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

SUMMARY: FMCSA announces receipt of applications from 11 individuals 
for an exemption from the prohibition in the Federal Motor Carrier 
Safety Regulations (FMCSRs) against persons with a clinical diagnosis 
of epilepsy or any other condition that is likely to cause a loss of 
consciousness or any loss of ability to control a commercial motor 
vehicle (CMV) to drive in interstate commerce. If granted, the 
exemptions would enable these individuals who have had one or more 
seizures and are taking anti-seizure medication to operate CMVs in 
interstate commerce.

DATES: Comments must be received on or before November 14, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2016-0007 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online 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: 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(s) for this notice. Note that all comments received will 
be posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://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., e.t., Monday through Friday, 
except Federal holidays. The 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 online.
    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 records notice (DOT/ALL-14 FDMS), which can be reviewed at 
http://www.dot.gov/privacy.

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 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. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the FMCSRs 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 
statute also allows the Agency to renew exemptions at the end of the 
two-year period.
    The 11 individuals listed in this notice have requested an 
exemption from the epilepsy prohibition in 49 CFR 391.41(b)(8). 
Accordingly, the Agency will evaluate the qualifications of each 
applicant to determine whether granting the exemption will achieve the 
required level of safety mandated by statute.
    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 \1\ 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: Sec.  391.41(b)(8), paragraphs 
3, 4, and 5.]
---------------------------------------------------------------------------

    \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.thefederalregister.org/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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    The advisory criteria state the following:
    If an individual has had a sudden episode of a non-epileptic 
seizure or loss of consciousness of unknown cause that did not require 
anti-seizure medication, the decision whether that person's condition 
is likely to cause the loss of consciousness or loss of ability to 
control a CMV should be made on an individual basis by the Medical 
Examiner in consultation with the treating physician. Prior to 
considering certification, it is suggested there be a six-month waiting 
period from the time of the episode. Following the waiting period, it 
is suggested that the individual undergo a complete neurological 
examination. If the results of the examination are negative and anti-
seizure medication is not required, the driver may be qualified.
    In those individual cases where a driver had a seizure or an 
episode of loss of consciousness that resulted from a known medical 
condition (e.g., drug reaction, high temperature, acute infectious 
disease, dehydration, or acute metabolic disturbance), certification 
should be deferred until the driver has recovered fully from that 
condition, has

[[Page 71180]]

no existing residual complications, and is not taking anti-seizure 
medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure 
medication and seizure-free for 10 years, may be qualified to operate a 
CMV in interstate commerce. Interstate drivers who have had a single 
unprovoked seizure may be qualified to drive a CMV in interstate 
commerce if seizure-free and off anti-seizure medication for five years 
or more.
    As a result of Medical Examiners misinterpreting advisory criteria 
as regulation, numerous drivers have been prohibited from operating a 
CMV in interstate commerce based on the fact that they have had one or 
more seizures and are taking anti-seizure medication, rather than an 
individual analysis of their circumstances by a qualified Medical 
Examiner based on the physical qualification standards and medical best 
practices.
    On January 15, 2013, in a Notice of Final Disposition entitled, 
``Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders,'' (78 FR 3069), FMCSA announced its decision to 
grant requests from 22 individuals for exemptions from the regulatory 
requirement that interstate 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.'' Since the January 15, 2013 notice, the Agency has 
published additional notices granting requests from individuals for 
exemptions from the regulatory requirement regarding epilepsy found in 
49 CFR 391.41(b)(8).
    To be considered for an exemption from the epilepsy prohibition in 
49 CFR 391.41(b)(8), applicants must meet the criteria in the 2007 
recommendations of the Agency's Medical Expert Panel (MEP) (78 FR 
3069).

II. Qualifications of Applicants

Kevin Beamon

    Mr. Beamon is a 56 year-old class A CDL holder in New York. He has 
a history of a seizure in 2007. He takes anti-seizure medication with 
the dosage and frequency remaining the same since 2011. His physician 
states that he is supportive of Mr. Beamon receiving an exemption.

Marvin Lavern Fender

    Mr. Fender is a 63 year-old class A CDL holder in Colorado. He has 
a history of a seizure disorder and his last seizure was in 1996. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since that time. His physician states that he is supportive of 
Mr. Fender receiving an exemption.

Michael Charles Grant

    Mr. Grant is a 54 year-old driver in South Carolina. He has a 
history of a seizure disorder and his last seizure was in 1995. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since 2013. His physician states that he is supportive of Mr. 
Grant receiving an exemption.

Todd W. Hines

    Mr. Hines is a 46 year-old class B CDL holder in Ohio. He has a 
history of a brain tumor removal and a single seizure in 2002. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since 2006. His physician states that he is supportive of Mr. 
Hines receiving an exemption.

John A. Kangas

    Mr. Kangas is a 44 year-old class A CDL holder in Michigan. He has 
a history of epilepsy and his last seizure was in 2001. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since that time. His physician states that he is supportive of Mr. 
Kangas receiving an exemption.

Chad Thomas Knott

    Mr. Knott is a 24 year-old driver in Maryland. He has a history of 
juvenile epilepsy and his last seizure was in 2008. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since that time. His physician states that he is supportive of Mr. 
Knott receiving an exemption.

Duane Scott Mahin

    Mr. Mahin is a 56 year-old driver in Kansas. He has a history of 
juvenile epilepsy and his last seizure was in 1977. He has not taken 
anti-seizure medication since 1982. His physician states that he is 
supportive of Mr. Mahin receiving an exemption.

Cornelius L. Page

    Mr. Page is a 55 year-old driver in Maryland. He has a history of a 
seizure disorder and his last seizure was in 2004. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since 2013. His physician states that he is supportive of Mr. Page 
receiving an exemption.

Curtis Joseph Palubicki

    Mr. Palubicki is a 30 year-old driver in Minnesota. He has a 
history of epilepsy and his last seizure was in September 2008. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since that time. His physician states that he is supportive of 
Mr. Palubicki receiving an exemption.

Daniel A. Pierstorff

    Mr. Pierstorff is a 48 year-old class A CDL holder in Wisconsin. He 
has a history of epilepsy and his last seizure was in 1982. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since 2013. His physician states that he is supportive of Mr. 
Pierstorff receiving an exemption.

William M. Powderly

    Mr. Powderly is a 33 year-old driver in California. He has a 
history of a seizure disorder and his last seizure was in 2002. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since that time. His physician states that he is supportive of 
Mr. Powderly receiving an exemption.

III. 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 received before 
the close of business on the closing date indicated in the dates 
section of the notice.

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 http://www.regulations.gov and 
in the search box insert the docket number ``FMCSA-2016-0007'' 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

[[Page 71181]]

like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    We will consider all comments and materials received during the 
comment period. FMCSA may issue a final determination 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 http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2016-0007 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: October 7, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-24943 Filed 10-13-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                             Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices                                              71179

                                                 Public Comments Invited: You are                        • Hand Delivery: West Building                      Agency to renew exemptions at the end
                                               asked to comment on any aspect of this                  Ground Floor, Room W12–140, 1200                      of the two-year period.
                                               information collection, including: (1)                  New Jersey Avenue SE., Washington,                       The 11 individuals listed in this
                                               Whether the proposed collection is                      DC, between 9 a.m. and 5 p.m., Monday                 notice have requested an exemption
                                               necessary for the performance of                        through Friday, except Federal                        from the epilepsy prohibition in 49 CFR
                                               FMCSA’s functions; (2) the accuracy of                  Holidays.                                             391.41(b)(8). Accordingly, the Agency
                                               the estimated burden; (3) ways for the                    • Fax: 1–202–493–2251.                              will evaluate the qualifications of each
                                               FMCSA to enhance the quality,                              Instructions: Each submission must                 applicant to determine whether granting
                                               usefulness, and clarity of the collected                include the Agency name and the                       the exemption will achieve the required
                                               information; and (4) ways that the                      docket number(s) for this notice. Note                level of safety mandated by statute.
                                               burden could be minimized without                       that all comments received will be                       The physical qualification standard
                                               reducing the quality of the collected                   posted without change to http://                      for drivers regarding epilepsy found in
                                               information.                                            www.regulations.gov, including any                    49 CFR 391.41(b)(8) states that a person
                                                 Issued under the authority delegated in 49
                                                                                                       personal information provided. Please                 is physically qualified to drive a CMV
                                               CFR. 1.87 on: October 11, 2016.                         see the Privacy Act heading below for                 if that person:
                                               G. Kelly Regal,
                                                                                                       further information.                                     Has no established medical history or
                                                                                                          Docket: For access to the docket to                clinical diagnosis of epilepsy or any other
                                               Associate Administrator for Office of
                                               Research and Information Technology.
                                                                                                       read background documents or                          condition which is likely to cause the loss of
                                                                                                       comments, go to http://                               consciousness or any loss of ability to control
                                               [FR Doc. 2016–24934 Filed 10–13–16; 8:45 am]
                                                                                                       www.regulations.gov at any time or                    a CMV.
                                               BILLING CODE 4910–EX–P
                                                                                                       Room W12–140 on the ground level of                      In addition to the regulations, FMCSA
                                                                                                       the West Building, 1200 New Jersey                    has published advisory criteria 1 to
                                                                                                       Avenue SE., Washington, DC, between 9                 assist Medical Examiners in
                                               DEPARTMENT OF TRANSPORTATION
                                                                                                       a.m. and 5 p.m., e.t., Monday through                 determining whether drivers with
                                               Federal Motor Carrier Safety                            Friday, except Federal holidays. The                  certain medical conditions are qualified
                                               Administration                                          FDMS is available 24 hours each day,                  to operate a CMV in interstate
                                                                                                       365 days each year. If you want                       commerce. [49 CFR part 391,
                                               [Docket No. FMCSA–2016–0007]                            acknowledgment that we received your                  APPENDIX A TO PART 391—MEDICAL
                                                                                                       comments, please include a self-                      ADVISORY CRITERIA, section H.
                                               Qualification of Drivers; Exemption
                                                                                                       addressed, stamped envelope or                        Epilepsy: § 391.41(b)(8), paragraphs 3, 4,
                                               Applications; Epilepsy and Seizure
                                                                                                       postcard or print the acknowledgement                 and 5.]
                                               Disorders
                                                                                                       page that appears after submitting                       The advisory criteria state the
                                               AGENCY: Federal Motor Carrier Safety                    comments online.                                      following:
                                               Administration (FMCSA), DOT.                               Privacy Act: In accordance with 5
                                                                                                                                                                If an individual has had a sudden
                                               ACTION: Notice of applications for                      U.S.C. 553(c), DOT solicits comments
                                                                                                                                                             episode of a non-epileptic seizure or
                                               exemption; request for comments.                        from the public to better inform its
                                                                                                                                                             loss of consciousness of unknown cause
                                                                                                       rulemaking process. DOT posts these
                                                                                                                                                             that did not require anti-seizure
                                               SUMMARY:    FMCSA announces receipt of                  comments, without edit, including any
                                                                                                                                                             medication, the decision whether that
                                               applications from 11 individuals for an                 personal information the commenter
                                                                                                                                                             person’s condition is likely to cause the
                                               exemption from the prohibition in the                   provides, to http://www.regulations.gov
                                                                                                                                                             loss of consciousness or loss of ability
                                               Federal Motor Carrier Safety                            as described in the system records
                                                                                                                                                             to control a CMV should be made on an
                                               Regulations (FMCSRs) against persons                    notice (DOT/ALL–14 FDMS), which can
                                                                                                                                                             individual basis by the Medical
                                               with a clinical diagnosis of epilepsy or                be reviewed at http://www.dot.gov/
                                                                                                                                                             Examiner in consultation with the
                                               any other condition that is likely to                   privacy.
                                                                                                                                                             treating physician. Prior to considering
                                               cause a loss of consciousness or any loss               FOR FURTHER INFORMATION CONTACT:     Ms.              certification, it is suggested there be a
                                               of ability to control a commercial motor                Christine A. Hydock, Chief, Medical                   six-month waiting period from the time
                                               vehicle (CMV) to drive in interstate                    Programs Division, (202) 366–4001,                    of the episode. Following the waiting
                                               commerce. If granted, the exemptions                    fmcsamedical@dot.gov, FMCSA,                          period, it is suggested that the
                                               would enable these individuals who                      Department of Transportation, 1200                    individual undergo a complete
                                               have had one or more seizures and are                   New Jersey Avenue SE., Room W64–                      neurological examination. If the results
                                               taking anti-seizure medication to                       224, Washington, DC 20590–0001.                       of the examination are negative and
                                               operate CMVs in interstate commerce.                    Office hours are 8:30 a.m. to 5 p.m., e.t.,           anti-seizure medication is not required,
                                               DATES: Comments must be received on                     Monday through Friday, except Federal                 the driver may be qualified.
                                               or before November 14, 2016.                            holidays. If you have questions                          In those individual cases where a
                                               ADDRESSES: You may submit comments                      regarding viewing or submitting                       driver had a seizure or an episode of
                                               bearing the Federal Docket Management                   material to the docket, contact Docket                loss of consciousness that resulted from
                                               System (FDMS) Docket No. FMCSA–                         Services, telephone (202) 366–9826.                   a known medical condition (e.g., drug
                                               2016–0007 using any of the following                    SUPPLEMENTARY INFORMATION:                            reaction, high temperature, acute
                                               methods:                                                                                                      infectious disease, dehydration, or acute
                                                 • Federal eRulemaking Portal: Go to                   I. Background
                                                                                                                                                             metabolic disturbance), certification
                                               http://www.regulations.gov. Follow the                     Under 49 U.S.C. 31136(e) and 31315,                should be deferred until the driver has
rmajette on DSK2TPTVN1PROD with NOTICES




                                               online instructions for submitting                      FMCSA may grant an exemption from                     recovered fully from that condition, has
                                               comments.                                               the FMCSRs for a two-year period if it
                                                 • Mail: Docket Management Facility;                   finds ‘‘such exemption would likely                      1 See http://www.ecfr.gov/cgi-bin/text-idx?

                                               U.S. Department of Transportation, 1200                 achieve a level of safety that is                     SID=e47b48a9ea42dd67d999246e23d97970&mc=
                                                                                                                                                             true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a
                                               New Jersey Avenue SE., West Building                    equivalent to or greater than the level               and https://www.gpo.gov/fdsys/pkg/CFR–2015-
                                               Ground Floor, Room W12–140,                             that would be achieved absent such                    title49-vol5/pdf/CFR-2015-title49-vol5-part391-
                                               Washington, DC 20590–0001.                              exemption.’’ The statute also allows the              appA.pdf.



                                          VerDate Sep<11>2014   14:29 Oct 13, 2016   Jkt 241001   PO 00000   Frm 00141   Fmt 4703   Sfmt 4703   E:\FR\FM\14OCN1.SGM   14OCN1


                                               71180                         Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices

                                               no existing residual complications, and                 time. His physician states that he is                 epilepsy and his last seizure was in
                                               is not taking anti-seizure medication.                  supportive of Mr. Fender receiving an                 September 2008. He takes anti-seizure
                                                  Drivers who have a history of                        exemption.                                            medication with the dosage and
                                               epilepsy/seizures, off anti-seizure                                                                           frequency remaining the same since that
                                                                                                       Michael Charles Grant
                                               medication and seizure-free for 10 years,                                                                     time. His physician states that he is
                                               may be qualified to operate a CMV in                       Mr. Grant is a 54 year-old driver in               supportive of Mr. Palubicki receiving an
                                               interstate commerce. Interstate drivers                 South Carolina. He has a history of a                 exemption.
                                               who have had a single unprovoked                        seizure disorder and his last seizure was
                                                                                                       in 1995. He takes anti-seizure                        Daniel A. Pierstorff
                                               seizure may be qualified to drive a CMV
                                               in interstate commerce if seizure-free                  medication with the dosage and                           Mr. Pierstorff is a 48 year-old class A
                                               and off anti-seizure medication for five                frequency remaining the same since                    CDL holder in Wisconsin. He has a
                                               years or more.                                          2013. His physician states that he is                 history of epilepsy and his last seizure
                                                  As a result of Medical Examiners                     supportive of Mr. Grant receiving an                  was in 1982. He takes anti-seizure
                                               misinterpreting advisory criteria as                    exemption.                                            medication with the dosage and
                                               regulation, numerous drivers have been                                                                        frequency remaining the same since
                                                                                                       Todd W. Hines                                         2013. His physician states that he is
                                               prohibited from operating a CMV in
                                               interstate commerce based on the fact                      Mr. Hines is a 46 year-old class B CDL             supportive of Mr. Pierstorff receiving an
                                               that they have had one or more seizures                 holder in Ohio. He has a history of a                 exemption.
                                               and are taking anti-seizure medication,                 brain tumor removal and a single
                                                                                                       seizure in 2002. He takes anti-seizure                William M. Powderly
                                               rather than an individual analysis of
                                               their circumstances by a qualified                      medication with the dosage and                           Mr. Powderly is a 33 year-old driver
                                               Medical Examiner based on the physical                  frequency remaining the same since                    in California. He has a history of a
                                               qualification standards and medical best                2006. His physician states that he is                 seizure disorder and his last seizure was
                                               practices.                                              supportive of Mr. Hines receiving an                  in 2002. He takes anti-seizure
                                                  On January 15, 2013, in a Notice of                  exemption.                                            medication with the dosage and
                                               Final Disposition entitled,                                                                                   frequency remaining the same since that
                                                                                                       John A. Kangas                                        time. His physician states that he is
                                               ‘‘Qualification of Drivers; Exemption
                                               Applications; Epilepsy and Seizure                         Mr. Kangas is a 44 year-old class A                supportive of Mr. Powderly receiving an
                                               Disorders,’’ (78 FR 3069), FMCSA                        CDL holder in Michigan. He has a                      exemption.
                                               announced its decision to grant requests                history of epilepsy and his last seizure
                                                                                                                                                             III. Request for Comments
                                               from 22 individuals for exemptions                      was in 2001. He takes anti-seizure
                                                                                                       medication with the dosage and                           In accordance with 49 U.S.C. 31136(e)
                                               from the regulatory requirement that
                                                                                                       frequency remaining the same since that               and 31315, FMCSA requests public
                                               interstate CMV drivers have ‘‘no
                                                                                                       time. His physician states that he is                 comment from all interested persons on
                                               established medical history or clinical
                                                                                                       supportive of Mr. Kangas receiving an                 the exemption petitions described in
                                               diagnosis of epilepsy or any other
                                                                                                       exemption.                                            this notice. We will consider all
                                               condition which is likely to cause loss
                                                                                                                                                             comments received before the close of
                                               of consciousness or any loss of ability to              Chad Thomas Knott                                     business on the closing date indicated
                                               control a CMV.’’ Since the January 15,
                                                                                                         Mr. Knott is a 24 year-old driver in                in the dates section of the notice.
                                               2013 notice, the Agency has published
                                               additional notices granting requests                    Maryland. He has a history of juvenile                IV. Submitting Comments
                                               from individuals for exemptions from                    epilepsy and his last seizure was in
                                                                                                       2008. He takes anti-seizure medication                   You may submit your comments and
                                               the regulatory requirement regarding                                                                          material online or by fax, mail, or hand
                                               epilepsy found in 49 CFR 391.41(b)(8).                  with the dosage and frequency
                                                                                                       remaining the same since that time. His               delivery, but please use only one of
                                                  To be considered for an exemption                                                                          these means. FMCSA recommends that
                                               from the epilepsy prohibition in 49 CFR                 physician states that he is supportive of
                                                                                                       Mr. Knott receiving an exemption.                     you include your name and a mailing
                                               391.41(b)(8), applicants must meet the                                                                        address, an email address, or a phone
                                               criteria in the 2007 recommendations of                 Duane Scott Mahin                                     number in the body of your document
                                               the Agency’s Medical Expert Panel                                                                             so that FMCSA can contact you if there
                                                                                                         Mr. Mahin is a 56 year-old driver in
                                               (MEP) (78 FR 3069).                                                                                           are questions regarding your
                                                                                                       Kansas. He has a history of juvenile
                                               II. Qualifications of Applicants                        epilepsy and his last seizure was in                  submission.
                                                                                                       1977. He has not taken anti-seizure                      To submit your comment online, go to
                                               Kevin Beamon                                                                                                  http://www.regulations.gov and in the
                                                                                                       medication since 1982. His physician
                                                 Mr. Beamon is a 56 year-old class A                   states that he is supportive of Mr. Mahin             search box insert the docket number
                                               CDL holder in New York. He has a                        receiving an exemption.                               ‘‘FMCSA–2016–0007’’ and click the
                                               history of a seizure in 2007. He takes                                                                        search button. When the new screen
                                               anti-seizure medication with the dosage                 Cornelius L. Page                                     appears, click on the blue ‘‘Comment
                                               and frequency remaining the same since                    Mr. Page is a 55 year-old driver in                 Now!’’ button on the right hand side of
                                               2011. His physician states that he is                   Maryland. He has a history of a seizure               the page. On the new page, enter
                                               supportive of Mr. Beamon receiving an                   disorder and his last seizure was in                  information required including the
                                               exemption.                                              2004. He takes anti-seizure medication                specific section of this document to
                                                                                                       with the dosage and frequency                         which each comment applies, and
rmajette on DSK2TPTVN1PROD with NOTICES




                                               Marvin Lavern Fender                                                                                          provide a reason for each suggestion or
                                                                                                       remaining the same since 2013. His
                                                  Mr. Fender is a 63 year-old class A                  physician states that he is supportive of             recommendation. If you submit your
                                               CDL holder in Colorado. He has a                        Mr. Page receiving an exemption.                      comments by mail or hand delivery,
                                               history of a seizure disorder and his last                                                                    submit them in an unbound format, no
                                               seizure was in 1996. He takes anti-                     Curtis Joseph Palubicki                               larger than 81⁄2 by 11 inches, suitable for
                                               seizure medication with the dosage and                    Mr. Palubicki is a 30 year-old driver               copying and electronic filing. If you
                                               frequency remaining the same since that                 in Minnesota. He has a history of                     submit comments by mail and would


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                                                                             Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices                                              71181

                                               like to know that they reached the                      2011–0389; FMCSA–2012–0294;                           submitting material to the docket,
                                               facility, please enclose a stamped, self-               FMCSA–2013–0109; FMCSA–2013–                          contact Docket Services, telephone (202)
                                               addressed postcard or envelope.                         0442 using any of the following                       366–9826.
                                                  We will consider all comments and                    methods:                                              SUPPLEMENTARY INFORMATION:
                                               materials received during the comment                     • Federal eRulemaking Portal: Go to
                                               period. FMCSA may issue a final                         http://www.regulations.gov. Follow the                I. Background
                                               determination any time after the close of               online instructions for submitting                       Under 49 U.S.C. 31136(e) and 31315,
                                               the comment period.                                     comments.                                             FMCSA may grant an exemption for two
                                                                                                         • Mail: Docket Management Facility;                 years if it finds ‘‘such exemption would
                                               V. Viewing Comments and Documents
                                                                                                       U.S. Department of Transportation, 1200               likely achieve a level of safety that is
                                                 To view comments, as well as any                      New Jersey Avenue SE., West Building                  equivalent to or greater than the level
                                               documents mentioned in this preamble,                   Ground Floor, Room W12–140,                           that would be achieved absent such
                                               go to http://www.regulations.gov and in                 Washington, DC 20590–0001.                            exemption.’’ The statute also allows the
                                               the search box insert the docket number                   • Hand Delivery: West Building                      Agency to renew exemptions at the end
                                               FMCSA–2016–0007 and click ‘‘Search.’’                   Ground Floor, Room W12–140, 1200                      of the two-year period.
                                               Next, click ‘‘Open Docket Folder’’ and                  New Jersey Avenue SE., Washington,                       The physical qualification standard
                                               you will find all documents and                         DC, between 9 a.m. and 5 p.m., Monday                 for drivers regarding epilepsy found in
                                               comments related to this notice.                        through Friday, except Federal                        49 CFR 391.41(b)(8) states that a person
                                                 Issued on: October 7, 2016.                           Holidays.                                             is physically qualified to drive a CMV
                                               Larry W. Minor,                                           • Fax: 1–202–493–2251.                              if that person:
                                                                                                          Instructions: Each submission must
                                               Associate Administrator for Policy.                                                                              Has no established medical history or
                                                                                                       include the Agency name and the                       clinical diagnosis of epilepsy or any other
                                               [FR Doc. 2016–24943 Filed 10–13–16; 8:45 am]
                                                                                                       docket number(s) for this notice. Note                condition which is likely to cause the loss of
                                               BILLING CODE 4910–EX–P
                                                                                                       that all comments received will be                    consciousness or any loss of ability to control
                                                                                                       posted without change to http://                      a CMV.
                                                                                                       www.regulations.gov, including any
                                               DEPARTMENT OF TRANSPORTATION                                                                                    In addition to the regulations, FMCSA
                                                                                                       personal information provided. Please
                                                                                                                                                             has published advisory criteria to assist
                                               Federal Motor Carrier Safety                            see the Privacy Act heading below for
                                                                                                                                                             Medical Examiners in determining
                                               Administration                                          further information.
                                                                                                          Docket: For access to the docket to                whether drivers with certain medical
                                               [Docket No. FMCSA–2011–0389; FMCSA–                     read background documents or                          conditions are qualified to operate a
                                               2012–0294; FMCSA–2013–0109; FMCSA–                      comments, go to http://                               CMV in interstate commerce. [49 CFR
                                               2013–0442]
                                                                                                       www.regulations.gov at any time or                    part 391, APPENDIX A TO PART 391—
                                                                                                       Room W12–140 on the ground level of                   MEDICAL ADVISORY CRITERIA,
                                               Qualification of Drivers; Exemption                                                                           section H. Epilepsy: § 391.41(b)(8),
                                               Applications; Epilepsy and Seizure                      the West Building, 1200 New Jersey
                                                                                                       Avenue SE., Washington, DC, between 9                 paragraphs 3, 4, and 5.]
                                               Disorders                                                                                                       The 11 individuals listed in this
                                                                                                       a.m. and 5 p.m., Monday through
                                               AGENCY: Federal Motor Carrier Safety                    Friday, except Federal holidays. The                  notice have requested renewal of their
                                               Administration (FMCSA), DOT.                            FDMS is available 24 hours each day,                  exemptions from the Epilepsy and
                                                                                                       365 days each year. If you want                       Seizure Disorders prohibition in 49 CFR
                                               ACTION: Notice of renewal of
                                                                                                       acknowledgment that we received your                  391.41(b)(8), in accordance with
                                               exemptions; request for comments.                                                                             FMCSA procedures. Accordingly,
                                                                                                       comments, please include a self-
                                               SUMMARY:   FMCSA announces its                          addressed, stamped envelope or                        FMCSA has evaluated these
                                               decision to renew exemptions of 11                      postcard or print the acknowledgement                 applications for renewal on their merits
                                               individuals from the requirement in the                 page that appears after submitting                    and decided to extend each exemption
                                               Federal Motor Carrier Safety                            comments online.                                      for a renewable two-year period.
                                               Regulations (FMCSRs) that interstate                       Privacy Act: In accordance with 5                  II. Request for Comments
                                               commercial motor vehicle (CMV)                          U.S.C. 553(c), DOT solicits comments
                                               drivers have ‘‘no established medical                                                                           Interested parties or organizations
                                                                                                       from the public to better inform its
                                               history or clinical diagnosis of epilepsy                                                                     possessing information that would
                                                                                                       rulemaking process. DOT posts these
                                               or any other condition which is likely                                                                        otherwise show that any, or all, of these
                                                                                                       comments, without edit, including any
                                               to cause loss of consciousness or any                                                                         drivers are not currently achieving the
                                                                                                       personal information the commenter
                                               loss of ability to control a CMV.’’ The                                                                       statutory level of safety should
                                                                                                       provides, to http://www.regulations.gov,
                                               exemptions enable these individuals                                                                           immediately notify FMCSA. The
                                                                                                       as described in the system of records
                                               who have had one or more seizures and                                                                         Agency will evaluate any adverse
                                                                                                       notice (DOT/ALL–14 FDMS), which can
                                               are taking anti-seizure medication to                                                                         evidence submitted and, if safety is
                                                                                                       be reviewed at http://www.dot.gov/
                                               continue to operate CMVs in interstate                                                                        being compromised or if continuation of
                                                                                                       privacy.
                                               commerce.                                                                                                     the exemption would not be consistent
                                                                                                       FOR FURTHER INFORMATION CONTACT:     Ms.              with the goals and objectives of 49
                                               DATES: Each group of renewed
                                                                                                       Christine A. Hydock, Chief, Medical                   U.S.C. 31136(e) and 31315, FMCSA will
                                               exemptions were effective on the dates                  Programs Division, 202–366–4001,                      take immediate steps to revoke the
                                               stated in the discussions below and will                fmcsamedical@dot.gov, FMCSA,                          exemption of a driver.
rmajette on DSK2TPTVN1PROD with NOTICES




                                               expire on the dates stated in the                       Department of Transportation, 1200
                                               discussions below. Comments must be                     New Jersey Avenue SE., Room W64–                      III. Basis for Renewing Exemptions
                                               received on or before November 14,                      224, Washington, DC 20590–0001.                         Under 49 U.S.C. 31315(b)(1), an
                                               2016.                                                   Office hours are from 8:30 a.m. to 5                  exemption may be granted for no longer
                                               ADDRESSES:  You may submit comments                     p.m., e.t., Monday through Friday,                    than two years from its approval date
                                               bearing the Federal Docket Management                   except Federal holidays. If you have                  and may be renewed upon application.
                                               System (FDMS) Docket No. FMCSA–                         questions regarding viewing or                        In accordance with 49 U.S.C. 31136(e)


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Document Created: 2016-10-14 00:01:16
Document Modified: 2016-10-14 00:01:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of applications for exemption; request for comments.
DatesComments must be received on or before November 14, 2016.
ContactMs. 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 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.
FR Citation81 FR 71179 

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