82 FR 13179 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 45 (March 9, 2017)

Page Range		13179-13180
FR Document		2017-04677

FMCSA announces its decision to renew exemptions for three individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (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.'' The exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to continue to operate CMVs in interstate commerce.

Federal Register, Volume 82 Issue 45 (Thursday, March 9, 2017)

[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Notices]
[Pages 13179-13180]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04677]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0212]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions for three 
individuals from the requirement in the Federal Motor Carrier Safety 
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV)

[[Page 13180]]

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.'' The exemptions 
enable these individuals who have had one or more seizures and are 
taking anti-seizure medication to continue to operate CMVs in 
interstate commerce.

DATES: The exemptions were effective on August 28, 2016. The exemptions 
expire on August 28, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

II. Background

    On October 17, 2016, FMCSA published a notice announcing its 
decision to renew exemptions for three individuals from the Epilepsy 
and Seizure Disorders prohibition in 49 CFR 391.41(b)(8) to operate a 
CMV in interstate commerce and requested comments from the public (81 
FR 71564). The public comment period ended on November 16, 2016, and no 
comments were received.
    As stated in the previous notice, FMCSA has evaluated the 
eligibility of these applicants and determined that renewing these 
exemptions would achieve a level of safety equivalent to or greater 
than the level that would be achieved by complying with the current 
regulation 49 CFR 391.41(b)(8).
    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 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.]

III. Discussion of Comments

    FMCSA received no comments in this preceding.

IV. Conclusion

    Based upon its evaluation of the three renewal exemption 
applications and no comments received, FMCSA confirms its decision to 
exempt the following drivers from the Epilepsy and Seizure Disorders 
requirement in 49 CFR 391.41 (b)(8), subject to the requirements cited 
above: Peter Bender (MN); Terry Hamby (NC); and Louis Lerch (IA).
    In accordance with 49 U.S.C. 31315, each exemption will be valid 
for two years from the effective date unless revoked earlier by FMCSA. 
The exemption will be revoked if the following occurs: (1) The person 
fails to comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
prior to being granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136 and 
31315.

    Issued on: February 27, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-04677 Filed 3-8-17; 8:45 am]
 BILLING CODE 4910-EX-P

13180 Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices

drivers have ‘‘no established medical these applicants and determined that DEPARTMENT OF TRANSPORTATION
history or clinical diagnosis of epilepsy renewing these exemptions would
or any other condition which is likely achieve a level of safety equivalent to or Federal Motor Carrier Safety
to cause loss of consciousness or any greater than the level that would be Administration
loss of ability to control a CMV.’’ The achieved by complying with the current
exemptions enable these individuals [Docket No. FMCSA–2007–0070; FMCSA–
regulation 49 CFR 391.41(b)(8). 2014–0313]
who have had one or more seizures and
are taking anti-seizure medication to The physical qualification standard
for drivers regarding epilepsy found in Qualification of Drivers; Exemption
continue to operate CMVs in interstate Applications; Diabetes
commerce. 49 CFR 391.41(b)(8) states that a person
DATES: The exemptions were effective
is physically qualified to drive a CMV AGENCY: Federal Motor Carrier Safety
on August 28, 2016. The exemptions if that person: Administration (FMCSA), DOT.
expire on August 28, 2018. Has no established medical history or ACTION: Notice of renewal of
FOR FURTHER INFORMATION CONTACT: Ms. clinical diagnosis of epilepsy or any other exemptions; request for comments.
Christine A. Hydock, Chief, Medical condition which is likely to cause the loss of
Programs Division, (202) 366–4001, consciousness or any loss of ability to control SUMMARY: FMCSA announces its
fmcsamedical@dot.gov, FMCSA, a CMV. decision to renew the exemptions of 71
Department of Transportation, 1200 individuals from its rule prohibiting
New Jersey Avenue SE., Room W64– In addition to the regulations, FMCSA persons with insulin-treated diabetes
224, Washington, DC 20590–0001. has published advisory criteria to assist mellitus (ITDM) from operating
Office hours are from 8:30 a.m. to 5 Medical Examiners in determining commercial motor vehicles (CMVs) in
p.m., e.t., Monday through Friday, whether drivers with certain medical interstate commerce. FMCSA has
except Federal holidays. If you have conditions are qualified to operate a statutory authority to exempt
questions regarding viewing or CMV in interstate commerce. [49 CFR individuals from this rule if the
submitting material to the docket, part 391, APPENDIX A TO PART 391— exemptions granted will not
contact Docket Services, telephone (202) MEDICAL ADVISORY CRITERIA, compromise safety. The Agency has
366–9826. section H. Epilepsy: § 391.41(b)(8), concluded that granting these
SUPPLEMENTARY INFORMATION: paragraphs 3, 4, and 5.] exemption renewals will provide a level
of safety that is equivalent to or greater
I. Electronic Access III. Discussion of Comments than the level of safety maintained
You may see all the comments online without the exemptions for these CMV
FMCSA received no comments in this drivers.
through the Federal Document
preceding.
Management System (FDMS) at: http:// DATES: Each group of renewed
www.regulations.gov. IV. Conclusion exemptions are effective from the dates
Docket: For access to the docket to stated in the discussions below.
read background documents or Based upon its evaluation of the three Comments must be received on or
comments, go to http:// renewal exemption applications and no before April 10, 2017.
www.regulations.gov and/or Room comments received, FMCSA confirms ADDRESSES: You may submit comments
W12–140 on the ground level of the its decision to exempt the following bearing the Federal Docket Management
West Building, 1200 New Jersey Avenue drivers from the Epilepsy and Seizure System (FDMS) numbers: Docket No.
SE., Washington, DC, between 9 a.m. Disorders requirement in 49 CFR 391.41 FMCSA–2007–0070; FMCSA–2014–
and 5 p.m., e.t., Monday through Friday, (b)(8), subject to the requirements cited 0313 using any of the following
except Federal holidays. above: Peter Bender (MN); Terry Hamby methods:
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
(NC); and Louis Lerch (IA). • Federal eRulemaking Portal: Go to
from the public to better inform its In accordance with 49 U.S.C. 31315, http://www.regulations.gov. Follow the
rulemaking process. DOT posts these each exemption will be valid for two on-line instructions for submitting
comments, without edit, including any years from the effective date unless comments.
personal information the commenter revoked earlier by FMCSA. The • Mail: Docket Management Facility;
provides, to http://www.regulations.gov, exemption will be revoked if the U.S. Department of Transportation, 1200
as described in the system of records following occurs: (1) The person fails to New Jersey Avenue SE., West Building
notice (DOT/ALL–14 FDMS), which can comply with the terms and conditions Ground Floor, Room W12–140,
be reviewed at http://www.dot.gov/ of the exemption; (2) the exemption has Washington, DC 20590–0001.
privacy. • Hand Delivery or Courier: West
resulted in a lower level of safety than
Building Ground Floor, Room W12–140,
II. Background was maintained prior to being granted;
1200 New Jersey Avenue SE.,
or (3) continuation of the exemption Washington, DC, between 9 a.m. and 5
On October 17, 2016, FMCSA would not be consistent with the goals
published a notice announcing its p.m., e.t., Monday through Friday,
and objectives of 49 U.S.C. 31136 and except Federal Holidays.
decision to renew exemptions for three
individuals from the Epilepsy and 31315. • Fax: 1–202–493–2251.
Instructions: Each submission must
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Seizure Disorders prohibition in 49 CFR Issued on: February 27, 2017.
391.41(b)(8) to operate a CMV in Larry W. Minor, include the Agency name and the
interstate commerce and requested Associate Administrator for Policy.
docket number for this notice. Note that
comments from the public (81 FR DOT posts all comments received
[FR Doc. 2017–04677 Filed 3–8–17; 8:45 am]
71564). The public comment period without change to http://
BILLING CODE 4910–EX–P
ended on November 16, 2016, and no www.regulations.gov, including any
comments were received. personal information included in a
As stated in the previous notice, comment. Please see the Privacy Act
FMCSA has evaluated the eligibility of heading below.

VerDate Sep<11>2014 17:43 Mar 08, 2017 Jkt 241001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.SGM 09MRN1

Document Created: 2017-03-09 04:58:31
Document Modified: 2017-03-09 04:58:31

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of final disposition.
Dates		The exemptions were effective on August 28, 2016. The exemptions expire on August 28, 2018.
Contact		Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		82 FR 13179

82 FR 13179 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 45 (March 9, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration