81_FR_96443 81 FR 96193 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

81 FR 96193 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 250 (December 29, 2016)

Page Range96193-96195
FR Document2016-31547

FMCSA announces receipt of applications from six 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 250 (Thursday, December 29, 2016)
[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Notices]
[Pages 96193-96195]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31547]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0011]


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 six 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 January 30, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2016-0011 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. 
e.t., 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

[[Page 96194]]

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 six 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.
---------------------------------------------------------------------------

    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 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

Ryan D. Babler

    Mr. Babler is a 38 year-old driver in Wisconsin. He has a history 
of epilepsy and his last seizure was in October 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. 
Babler receiving an exemption.

Craig M. Lasecki

    Mr. Lasecki is a 38 year-old driver in Wisconsin. He has a history 
of a single seizure in 2000. 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. Lasecki receiving an exemption.

Larry Dean Nicholson

    Mr. Nicholson is a 44 year-old driver in North Carolina. 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. Nicholson receiving an exemption.

Ralph Edward Parrish, Jr.

    Mr. Parrish is a 50 year-old class B CDL holder in Pennsylvania. He 
has a history of a seizure disorder and his last seizure was in 1980. 
He has been off of anti-seizure medication since 1998. His physician 
states that he is supportive of Mr. Parrish receiving an exemption.

[[Page 96195]]

Wayne L. Woebkenberg

    Mr. Woebkenberg is a 74 year-old driver in Indiana. He has a 
history of a seizure disorder and his last seizure was in 1998. 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. Woebkenberg receiving an exemption.

Daniel Zielinski

    Mr. Zielinski is a 55 year-old driver in Oregon. He has a history 
of epilepsy and his last seizure was in 1999. 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. Zielinski 
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-2016-0011'' 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 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-2016-0011 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: December 21, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-31547 Filed 12-28-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                              Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices                                          96193

                                                    their ability to drive safely can be                    qualification file if he/she is self-                 DEPARTMENT OF TRANSPORTATION
                                                    projected into the future.                              employed. The driver must have a copy
                                                       We believe that the applicants’                      of the certification when driving, for                Federal Motor Carrier Safety
                                                    intrastate driving experience and history               presentation to a duly authorized                     Administration
                                                    provide an adequate basis for predicting                Federal, State, or local enforcement
                                                                                                                                                                  [Docket No. FMCSA–2016–0011]
                                                    their ability to drive safely in interstate             official.
                                                    commerce. Intrastate driving, like                                                                            Qualification of Drivers; Exemption
                                                    interstate operations, involves                         V. Discussion of Comments
                                                                                                                                                                  Applications; Epilepsy and Seizure
                                                    substantial driving on highways on the                    FMCSA received 1 comment in this                    Disorders
                                                    interstate system and on other roads                    proceeding. Deb Carlson stated that the
                                                    built to interstate standards. Moreover,                state of Minnesota has no concerns with               AGENCY: Federal Motor Carrier Safety
                                                    driving in congested urban areas                        granting Randal Aukes and Timothy                     Administration (FMCSA), DOT.
                                                    exposes the driver to more pedestrian                   Dougherty vision exemptions.                          ACTION: Notice of applications for
                                                    and vehicular traffic than exists on                                                                          exemption; request for comments.
                                                    interstate highways. Faster reaction to                 IV. Conclusion
                                                    traffic and traffic signals is generally                  Based upon its evaluation of the 20                 SUMMARY:    FMCSA announces receipt of
                                                    required because distances between                      exemption applications, FMCSA                         applications from six individuals for an
                                                    them are more compact. These                            exempts the following drivers from the                exemption from the prohibition in the
                                                    conditions tax visual capacity and                      vision requirement in 49 CFR                          Federal Motor Carrier Safety
                                                    driver response just as intensely as                    391.41(b)(10), subject to the                         Regulations (FMCSRs) against persons
                                                    interstate driving conditions. The                      requirements cited above 49 CFR                       with a clinical diagnosis of epilepsy or
                                                    veteran drivers in this proceeding have                 391.64(b):                                            any other condition that is likely to
                                                    operated CMVs safely under those                                                                              cause a loss of consciousness or any loss
                                                    conditions for at least 3 years, most for               Randal D. Aukes (MN)                                  of ability to control a commercial motor
                                                    much longer. Their experience and                       Joseph A. Baker (KS)                                  vehicle (CMV) to drive in interstate
                                                    driving records lead us to believe that                 Keith D. Blackwell (TX)                               commerce. If granted, the exemptions
                                                    each applicant is capable of operating in               Gerald D. Bowser (PA)                                 would enable these individuals who
                                                    interstate commerce as safely as he/she                                                                       have had one or more seizures and are
                                                    has been performing in intrastate                       Kathy J. Brown (OH)
                                                                                                                                                                  taking anti-seizure medication to
                                                    commerce. Consequently, FMCSA finds                     Louis J. Cullen, Jr. (NJ)                             operate CMVs in interstate commerce.
                                                    that exempting these applicants from                    Edwin P. Davis (OR)                                   DATES: Comments must be received on
                                                    the vision requirement in 49 CFR                        Timothy J. Dougherty (MN)                             or before January 30, 2017.
                                                    391.41(b)(10) is likely to achieve a level              Stephen R. Ehlenburg (IL)                             ADDRESSES: You may submit comments
                                                    of safety equal to that existing without
                                                    the exemption. For this reason, the                     Stanley W. Goble, Jr. (IA)                            bearing the Federal Docket Management
                                                    Agency is granting the exemptions for                   William R. Guida (PA)                                 System (FDMS) Docket No. FMCSA–
                                                    the 2-year period allowed by 49 U.S.C.                  Thomas H. Gysbers (WI)                                2016–0011 using any of the following
                                                    31136(e) and 31315 to the 20 applicants                                                                       methods:
                                                                                                            Jerry L. Hayden, Jr. (IA)
                                                    listed in the notice of October 11, 2016                                                                        • Federal eRulemaking Portal: Go to
                                                                                                            John T. Mabry (FL)                                    http://www.regulations.gov. Follow the
                                                    (81 FR 70253).
                                                       We recognize that the vision of an                   Peter E. McDonnell (MA)                               online instructions for submitting
                                                    applicant may change and affect his/her                 George P. Mendiola (CA)                               comments.
                                                    ability to operate a CMV as safely as in                Norman D. Mosely (NJ)                                   • Mail: Docket Management Facility;
                                                    the past. As a condition of the                         Joe W. Restine (OK)                                   U.S. Department of Transportation, 1200
                                                    exemption, therefore, FMCSA will                                                                              New Jersey Avenue SE., West Building
                                                                                                            Greg D. Schneckloth (IA)                              Ground Floor, Room W12–140,
                                                    impose requirements on the 20
                                                    individuals consistent with the                         Allen J. Stolz (WI)                                   Washington, DC 20590–0001.
                                                    grandfathering provisions applied to                       In accordance with 49 U.S.C. 31136(e)                • Hand Delivery: West Building
                                                    drivers who participated in the                         and 31315, each exemption will be valid               Ground Floor, Room W12–140, 1200
                                                    Agency’s vision waiver program.                         for 2 years unless revoked earlier by                 New Jersey Avenue SE., Washington,
                                                       Those requirements are found at 49                   FMCSA. The exemption will be revoked                  DC, between 9 a.m. and 5 p.m. e.t.,
                                                    CFR 391.64(b) and include the                           if: (1) The person fails to comply with               Monday through Friday, except Federal
                                                    following: (1) That each individual be                  the terms and conditions of the                       Holidays.
                                                    physically examined every year (a) by                   exemption; (2) the exemption has                        • Fax: 1–202–493–2251.
                                                    an ophthalmologist or optometrist who                   resulted in a lower level of safety than                Instructions: Each submission must
                                                    attests that the vision in the better eye               was maintained before it was granted; or              include the Agency name and the
                                                    continues to meet the requirement in 49                 (3) continuation of the exemption would               docket number(s) for this notice. Note
                                                    CFR 391.41(b)(10) and (b) by a medical                  not be consistent with the goals and                  that all comments received will be
                                                    examiner who attests that the individual                objectives of 49 U.S.C. 31136 and 31315.              posted without change to http://
                                                    is otherwise physically qualified under                    If the exemption is still effective at the         www.regulations.gov, including any
                                                    49 CFR 391.41; (2) that each individual                                                                       personal information provided. Please
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            end of the 2-year period, the person may
                                                    provide a copy of the ophthalmologist’s                 apply to FMCSA for a renewal under                    see the Privacy Act heading below for
                                                    or optometrist’s report to the medical                  procedures in effect at that time.                    further information.
                                                    examiner at the time of the annual                                                                              Docket: For access to the docket to
                                                    medical examination; and (3) that each                    Issued on: December 19, 2016.                       read background documents or
                                                    individual provide a copy of the annual                 Larry W. Minor,                                       comments, go to http://
                                                    medical certification to the employer for               Associate Administrator for Policy.                   www.regulations.gov at any time or
                                                    retention in the driver’s qualification                 [FR Doc. 2016–31560 Filed 12–28–16; 8:45 am]          Room W12–140 on the ground level of
                                                    file, or keep a copy in his/her driver’s                BILLING CODE 4910–EX–P                                the West Building, 1200 New Jersey


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                                                    96194                     Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices

                                                    Avenue SE., Washington, DC, between 9                      In addition to the regulations, FMCSA              qualification standards and medical best
                                                    a.m. and 5 p.m., e.t., Monday through                   has published advisory criteria 1 to                  practices.
                                                    Friday, except Federal holidays. The                    assist Medical Examiners in                              On January 15, 2013, in a Notice of
                                                    FDMS is available 24 hours each day,                    determining whether drivers with                      Final Disposition entitled,
                                                    365 days each year. If you want                         certain medical conditions are qualified              ‘‘Qualification of Drivers; Exemption
                                                    acknowledgment that we received your                    to operate a CMV in interstate                        Applications; Epilepsy and Seizure
                                                    comments, please include a self-                        commerce. [49 CFR part 391,                           Disorders,’’ (78 FR 3069), FMCSA
                                                    addressed, stamped envelope or                          APPENDIX A TO PART 391—MEDICAL                        announced its decision to grant requests
                                                    postcard or print the acknowledgement                   ADVISORY CRITERIA, section H.                         from 22 individuals for exemptions
                                                    page that appears after submitting                      Epilepsy: § 391.41(b)(8), paragraphs 3, 4,            from the regulatory requirement that
                                                    comments online.                                        and 5.]                                               interstate CMV drivers have ‘‘no
                                                       Privacy Act: In accordance with 5                       The advisory criteria state the                    established medical history or clinical
                                                                                                            following:                                            diagnosis of epilepsy or any other
                                                    U.S.C. 553(c), DOT solicits comments
                                                                                                               If an individual has had a sudden                  condition which is likely to cause loss
                                                    from the public to better inform its
                                                                                                            episode of a non-epileptic seizure or                 of consciousness or any loss of ability to
                                                    rulemaking process. DOT posts these                     loss of consciousness of unknown cause
                                                    comments, without edit, including any                                                                         control a CMV.’’ Since the January 15,
                                                                                                            that did not require anti-seizure                     2013 notice, the Agency has published
                                                    personal information the commenter                      medication, the decision whether that
                                                    provides, to http://www.regulations.gov                                                                       additional notices granting requests
                                                                                                            person’s condition is likely to cause the             from individuals for exemptions from
                                                    as described in the system records                      loss of consciousness or loss of ability
                                                    notice (DOT/ALL–14 FDMS), which can                                                                           the regulatory requirement regarding
                                                                                                            to control a CMV should be made on an                 epilepsy found in 49 CFR 391.41(b)(8).
                                                    be reviewed at http://www.dot.gov/                      individual basis by the Medical
                                                    privacy.                                                                                                         To be considered for an exemption
                                                                                                            Examiner in consultation with the                     from the epilepsy prohibition in 49 CFR
                                                    FOR FURTHER INFORMATION CONTACT:     Ms.                treating physician. Prior to considering              391.41(b)(8), applicants must meet the
                                                    Christine A. Hydock, Chief, Medical                     certification, it is suggested there be a             criteria in the 2007 recommendations of
                                                    Programs Division, (202) 366–4001,                      six-month waiting period from the time                the Agency’s Medical Expert Panel
                                                    fmcsamedical@dot.gov, FMCSA,                            of the episode. Following the waiting                 (MEP) (78 FR 3069).
                                                    Department of Transportation, 1200                      period, it is suggested that the
                                                    New Jersey Avenue SE., Room W64–                        individual undergo a complete                         II. Qualifications of Applicants
                                                    224, Washington, DC 20590–0001.                         neurological examination. If the results
                                                                                                                                                                  Ryan D. Babler
                                                    Office hours are 8:30 a.m. to 5 p.m., e.t.,             of the examination are negative and
                                                                                                            anti-seizure medication is not required,                Mr. Babler is a 38 year-old driver in
                                                    Monday through Friday, except Federal
                                                                                                            the driver may be qualified.                          Wisconsin. He has a history of epilepsy
                                                    holidays. If you have questions
                                                                                                               In those individual cases where a                  and his last seizure was in October
                                                    regarding viewing or submitting
                                                                                                            driver had a seizure or an episode of                 2008. He takes anti-seizure medication
                                                    material to the docket, contact Docket
                                                                                                            loss of consciousness that resulted from              with the dosage and frequency
                                                    Services, telephone (202) 366–9826.
                                                                                                            a known medical condition (e.g., drug                 remaining the same since that time. His
                                                    SUPPLEMENTARY INFORMATION:                              reaction, high temperature, acute                     physician states that he is supportive of
                                                                                                            infectious disease, dehydration, or acute             Mr. Babler receiving an exemption.
                                                    I. Background
                                                                                                            metabolic disturbance), certification
                                                                                                            should be deferred until the driver has               Craig M. Lasecki
                                                       Under 49 U.S.C. 31136(e) and 31315,
                                                    FMCSA may grant an exemption from                       recovered fully from that condition, has                 Mr. Lasecki is a 38 year-old driver in
                                                    the FMCSRs for a two-year period if it                  no existing residual complications, and               Wisconsin. He has a history of a single
                                                    finds ‘‘such exemption would likely                     is not taking anti-seizure medication.                seizure in 2000. He takes anti-seizure
                                                    achieve a level of safety that is                          Drivers who have a history of                      medication with the dosage and
                                                    equivalent to or greater than the level                 epilepsy/seizures, off anti-seizure                   frequency remaining the same since that
                                                    that would be achieved absent such                      medication and seizure-free for 10 years,             time. His physician states that he is
                                                    exemption.’’ The statute also allows the                may be qualified to operate a CMV in                  supportive of Mr. Lasecki receiving an
                                                    Agency to renew exemptions at the end                   interstate commerce. Interstate drivers               exemption.
                                                    of the two-year period.                                 who have had a single unprovoked
                                                                                                            seizure may be qualified to drive a CMV               Larry Dean Nicholson
                                                       The six individuals listed in this                   in interstate commerce if seizure-free                   Mr. Nicholson is a 44 year-old driver
                                                    notice have requested an exemption                      and off anti-seizure medication for five              in North Carolina. He has a history of
                                                    from the epilepsy prohibition in 49 CFR                 years or more.                                        a seizure disorder and his last seizure
                                                    391.41(b)(8). Accordingly, the Agency                      As a result of Medical Examiners                   was in 2002. He takes anti-seizure
                                                    will evaluate the qualifications of each                misinterpreting advisory criteria as                  medication with the dosage and
                                                    applicant to determine whether granting                 regulation, numerous drivers have been                frequency remaining the same since that
                                                    the exemption will achieve the required                 prohibited from operating a CMV in                    time. His physician states that he is
                                                    level of safety mandated by statute.                    interstate commerce based on the fact                 supportive of Mr. Nicholson receiving
                                                       The physical qualification standard                  that they have had one or more seizures               an exemption.
                                                    for drivers regarding epilepsy found in                 and are taking anti-seizure medication,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    49 CFR 391.41(b)(8) states that a person                rather than an individual analysis of                 Ralph Edward Parrish, Jr.
                                                    is physically qualified to drive a CMV                  their circumstances by a qualified                      Mr. Parrish is a 50 year-old class B
                                                    if that person:                                         Medical Examiner based on the physical                CDL holder in Pennsylvania. He has a
                                                       Has no established medical history or                                                                      history of a seizure disorder and his last
                                                                                                              1 See http://www.ecfr.gov/cgi-bin/text-idx?SID=
                                                    clinical diagnosis of epilepsy or any other                                                                   seizure was in 1980. He has been off of
                                                                                                            e47b48a9ea42dd67d999246e23d97970&mc=true&
                                                    condition which is likely to cause the loss of          node=pt49.5.391&rgn=div5#ap49.5.391_171.a and
                                                                                                                                                                  anti-seizure medication since 1998. His
                                                    consciousness or any loss of ability to control         https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-       physician states that he is supportive of
                                                    a CMV.                                                  vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.      Mr. Parrish receiving an exemption.


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                                                                              Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices                                         96195

                                                    Wayne L. Woebkenberg                                    V. Viewing Comments and Documents                       • Federal eRulemaking Portal: Go to
                                                       Mr. Woebkenberg is a 74 year-old                       To view comments, as well as any                    http://www.regulations.gov. Follow the
                                                                                                                                                                    online instructions for submitting
                                                    driver in Indiana. He has a history of a                documents mentioned in this preamble,
                                                                                                                                                                  comments.
                                                    seizure disorder and his last seizure was               go to http://www.regulations.gov and in                 • Mail: Docket Management Facility;
                                                    in 1998. He takes anti-seizure                          the search box insert the docket number               U.S. Department of Transportation, 1200
                                                    medication with the dosage and                          FMCSA–2016–0011 and click ‘‘Search.’’                 New Jersey Avenue SE., West Building
                                                    frequency remaining the same since that                 Next, click ‘‘Open Docket Folder’’ and                Ground Floor, Room W12–140,
                                                    time. His physician states that he is                   you will find all documents and                       Washington, DC 20590–0001.
                                                    supportive of Mr. Woebkenberg                           comments related to this notice.                        • Hand Delivery: West Building
                                                    receiving an exemption.                                   Issued on: December 21, 2016.                       Ground Floor, Room W12–140, 1200
                                                    Daniel Zielinski                                        Larry W. Minor,                                       New Jersey Avenue SE., Washington,
                                                                                                            Associate Administrator for Policy.                   DC, between 9 a.m. and 5 p.m., Monday
                                                      Mr. Zielinski is a 55 year-old driver in                                                                    through Friday, except Federal
                                                    Oregon. He has a history of epilepsy and                [FR Doc. 2016–31547 Filed 12–28–16; 8:45 am]
                                                                                                                                                                  Holidays.
                                                    his last seizure was in 1999. He takes                  BILLING CODE 4910–EX–P
                                                                                                                                                                    • Fax: 1–202–493–2251.
                                                    anti-seizure medication with the dosage                                                                          Instructions: Each submission must
                                                    and frequency remaining the same since                                                                        include the Agency name and the
                                                    that time. His physician states that he is              DEPARTMENT OF TRANSPORTATION
                                                                                                                                                                  docket number(s) for this notice. Note
                                                    supportive of Mr. Zielinski receiving an                Federal Motor Carrier Safety                          that all comments received will be
                                                    exemption.                                              Administration                                        posted without change to http://
                                                    III. Request for Comments                                                                                     www.regulations.gov, including any
                                                                                                            [Docket No. FMCSA–2012–0332; FMCSA–                   personal information provided. Please
                                                      In accordance with 49 U.S.C. 31136(e)                 2014–0102; FMCSA–2014–0103]                           see the Privacy Act heading below for
                                                    and 31315, FMCSA requests public                                                                              further information.
                                                    comment from all interested persons on                  Qualification of Drivers; Exemption                      Docket: For access to the docket to
                                                    the exemption petitions described in                    Applications; Hearing                                 read background documents or
                                                    this notice. We will consider all                       AGENCY: Federal Motor Carrier Safety                  comments, go to http://
                                                    comments received before the close of                   Administration (FMCSA), DOT.                          www.regulations.gov at any time or
                                                    business on the closing date indicated                                                                        Room W12–140 on the ground level of
                                                                                                            ACTION: Notice of renewal of
                                                    in the dates section of the notice.                                                                           the West Building, 1200 New Jersey
                                                                                                            exemptions; request for comments.
                                                    IV. Submitting Comments                                                                                       Avenue SE., Washington, DC, between 9
                                                                                                            SUMMARY:    FMCSA announces its                       a.m. and 5 p.m. e.t., Monday through
                                                       You may submit your comments and                     decision to renew exemptions for three                Friday, except Federal holidays. The
                                                    material online or by fax, mail, or hand                individuals from the hearing                          FDMS is available 24 hours each day,
                                                    delivery, but please use only one of                    requirement in the Federal Motor                      365 days each year. If you want
                                                    these means. FMCSA recommends that                      Carrier Safety Regulations (FMCSRs) for               acknowledgment that we received your
                                                    you include your name and a mailing                     interstate commercial motor vehicle                   comments, please include a self-
                                                    address, an email address, or a phone                   (CMV) drivers. The exemptions enable                  addressed, stamped envelope or
                                                    number in the body of your document                     these hard of hearing and deaf                        postcard or print the acknowledgement
                                                    so that FMCSA can contact you if there                  individuals to continue to operate CMVs               page that appears after submitting
                                                    are questions regarding your                            in interstate commerce.                               comments online.
                                                    submission.                                                                                                      Privacy Act: In accordance with 5
                                                                                                            DATES: The renewed exemptions were
                                                       To submit your comment online, go to                                                                       U.S.C. 553(c), DOT solicits comments
                                                    http://www.regulations.gov and in the                   effective on the dates stated in the
                                                                                                            discussions below and will expire on                  from the public to better inform its
                                                    search box insert the docket number                                                                           rulemaking process. DOT posts these
                                                    ‘‘FMCSA–2016–0011’’ and click the                       the dates stated in the discussions
                                                                                                            below. Comments must be received on                   comments, without edit, including any
                                                    search button. When the new screen                                                                            personal information the commenter
                                                    appears, click on the blue ‘‘Comment                    or before January 30, 2017.
                                                                                                                                                                  provides, to http://www.regulations.gov,
                                                    Now!’’ button on the right hand side of                 FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                                                                                  as described in the system of records
                                                    the page. On the new page, enter                        Christine A. Hydock, Chief, Medical                   notice (DOT/ALL–14 FDMS), which can
                                                    information required including the                      Programs Division, 202–366–4001,                      be reviewed at http://www.dot.gov/
                                                    specific section of this document to                    fmcsamedical@dot.gov, FMCSA,                          privacy.
                                                    which each comment applies, and                         Department of Transportation, 1200
                                                    provide a reason for each suggestion or                 New Jersey Avenue SE., Room W64–                      I. Background
                                                    recommendation. If you submit your                      224, Washington, DC 20590–0001.                          Under 49 U.S.C. 31136(e) and 31315,
                                                    comments by mail or hand delivery,                      Office hours are from 8:30 a.m. to 5                  FMCSA may grant an exemption for two
                                                    submit them in an unbound format, no                    p.m., e.t., Monday through Friday,                    years if it finds ‘‘such exemption would
                                                    larger than 81⁄2 by 11 inches, suitable for             except Federal holidays. If you have                  likely achieve a level of safety that is
                                                    copying and electronic filing. If you                   questions regarding viewing or                        equivalent to or greater than the level
                                                    submit comments by mail and would                       submitting material to the docket,                    that would be achieved absent such
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    like to know that they reached the                      contact Docket Services, telephone (202)              exemption.’’ The statute also allows the
                                                    facility, please enclose a stamped, self-               366–9826.                                             Agency to renew exemptions at the end
                                                    addressed postcard or envelope.                         ADDRESSES: You may submit comments                    of the two-year period.
                                                       We will consider all comments and                    bearing the Federal Docket Management                    The physical qualification standard
                                                    materials received during the comment                   System (FDMS) Docket No. FMCSA–                       for drivers regarding hearing found in
                                                    period. FMCSA may issue a final                         2012–0332; FMCSA–2014–0102;                           49 CFR 391.41(b)(11) states that a
                                                    determination any time after the close of               FMCSA–2014–0103 using any of the                      person is physically qualified to driver
                                                    the comment period.                                     following methods:                                    a CMV if that person:


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Document Created: 2016-12-29 01:58:13
Document Modified: 2016-12-29 01:58:13
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 January 30, 2017.
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 96193 

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