82 FR 13185 - 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		13185-13187
FR Document		2017-04643

FMCSA announces its decision to exempt nine 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 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 13185-13187]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04643]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2016-0008]


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 exempt nine individuals from 
the requirement in the Federal

[[Page 13186]]

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 operate CMVs in 
interstate commerce.

DATES: The exemptions were effective on December 21, 2016. The 
exemptions will expire on December 21, 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 November 17, 2016, FMCSA published a notice announcing receipt 
of applications from nine individuals requesting an exemption from the 
epilepsy prohibition in 49 CFR 391.41(b)(8) and requested comments from 
the public (81 FR 81233). The public comment period ended on December 
19, 2016, and one comment was received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that granting exemptions to these individuals would achieve 
a level of safety equivalent to or greater than the level that would be 
achieved by complying with the current regulation 49 CFR 391.41(b)(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 \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.
---------------------------------------------------------------------------

III. Discussion of Comments

    FMCSA received one comment from Shenella Carlisle, in this 
preceding, who cited information from a 2004 article from the American 
Academy of Neurology regarding the relative low crash risk of 
individuals who have seizures or epilepsy. She believes that an 
individual's primary care provider, who is familiar with the 
individual's history and treatment plan, is best suited to decide his 
or her vehicle crash risk.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption 
from the epilepsy/seizure standard in 49 CFR 391.41(b)(8) if the 
exemption is likely to achieve an equivalent or greater level of safety 
than would be achieved without the exemption. The exemption allows the 
applicants to operate CMVs in interstate commerce.
    In reaching the decision to grant these exemption requests, FMCSA 
considered the 2007 recommendations of the Agency's Medical Expert 
Panel (MEP). The January 15, 2013, Federal Register notice (78 FR 3069) 
provides the current MEP recommendations which is the criteria the 
Agency uses to grant seizure exemptions.
    The Agency's decision regarding these exemption applications is 
based on an individualized assessment of each applicant's medical 
information, including the root cause of the respective seizure(s) and 
medical information about the applicant's seizure history, the length 
of time that has elapsed since the individual's last seizure, the 
stability of each individual's treatment regimen and the duration of 
time on or off of anti-seizure medication. In addition, the Agency 
reviewed the treating clinician's medical opinion related to the 
ability of the driver to safely operate a CMV with a history of seizure 
and each applicant's driving record found in the Commercial Driver's 
License Information System (CDLIS) for commercial driver's license 
(CDL) holders, and interstate and intrastate inspections recorded in 
the Motor Carrier Management Information System (MCMIS). For non-CDL 
holders, the Agency reviewed the driving records from the State 
Driver's Licensing Agency (SDLA).
    These nine applicants have been seizure-free over a range of 10 to 
32 years while taking anti-seizure medication and maintained a stable 
medication treatment regimen for the last two years. In each case, the 
applicant's treating physician verified his or her seizure history and 
supports the ability to drive commercially.
    A summary of each applicant's seizure history was discussed in the 
November 17, 2016, Federal Register notice (81 FR 81233) and will not 
be repeated in this notice.
    The Agency acknowledges the potential consequences of a driver 
experiencing a seizure while operating a CMV. However, the Agency 
believes the drivers granted this exemption have demonstrated that they 
are unlikely to have a seizure and their medical condition does not 
pose a risk to public safety.
    Consequently, FMCSA finds that in each case exempting these 
applicants from the epilepsy/seizure standard in 49 CFR 391.41(b)(8) is 
likely to achieve a level of safety equal to that existing without the 
exemption.

IV. Conditions and Requirements

    The terms and conditions of the exemption are provided to the 
applicants in the exemption document and includes the following: (1) 
Each driver must remain seizure-free and maintain a stable treatment 
during the two-year exemption period; (2) each driver must submit 
annual reports from their treating physicians attesting to the 
stability of treatment and that the driver has remained seizure-free; 
(3) each driver must undergo an annual medical examination by a 
certified Medical

[[Page 13187]]

Examiner, as defined by 49 CFR 390.5; and (4) each driver must provide 
a copy of the annual medical certification to the employer for 
retention in the driver's qualification file, or keep a copy of his/her 
driver's qualification file if he/she is self-employed. The driver must 
also have a copy of the exemption when driving, for presentation to a 
duly authorized Federal, State, or local enforcement official.

V. Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or regulation that conflicts with this exemption with 
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the nine exemption applications, FMCSA 
exempts the following drivers from the epilepsy/seizure standard, 49 
CFR 391.41(b)(8), subject to the requirements cited above:

Mark Beery (PA)
Douglas Cantwell (TN)
Mark McDaniel (IL)
Ronnie Moody (NC)
Tye Moore (IN)
Jack Porcellini (PA)
Jeffrey Rathman (CO)
Douglas Simms Jr. (NC)
Tara Van Horn (PA)
    In accordance with 49 U.S.C. 31315(b)(1), each exemption is valid 
for two years unless revoked earlier by FMCSA. The exemption will be 
revoked if the following occurs: (1) The individual 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: March 3, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-04643 Filed 3-8-17; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices 13185

the West Building, 1200 New Jersey safety should immediately notify two-year exemption period; (2) each
Avenue SE., Washington, DC, between 9 FMCSA. The Agency will evaluate any driver must submit annual reports from
a.m. and 5 p.m., e.t., Monday through adverse evidence submitted and, if their treating physicians attesting to the
Friday, except Federal holidays. The safety is being compromised or if stability of treatment and that the driver
FDMS is available 24 hours each day, continuation of the exemption would has remained seizure-free; (3) each
365 days each year. If you want not be consistent with the goals and driver must undergo an annual medical
acknowledgment that we received your objectives of 49 U.S.C. 31136(e) and examination by a certified Medical
comments, please include a self- 31315, FMCSA will take immediate Examiner, as defined by 49 CFR 390.5;
addressed, stamped envelope or steps to revoke the exemption of a and (4) each driver must provide a copy
postcard or print the acknowledgement driver. of the annual medical certification to
page that appears after submitting the employer for retention in the
III. Basis for Renewing Exemptions
comments online. driver’s qualification file, or keep a copy
Privacy Act: In accordance with 5 Under 49 U.S.C. 31315(b)(1), an of his/her driver’s qualification file if
U.S.C. 553(c), DOT solicits comments exemption may be granted for no longer he/she is self-employed. The driver
from the public to better inform its than two years from its approval date must also have a copy of the exemption
rulemaking process. DOT posts these and may be renewed upon application. when driving, for presentation to a duly
comments, without edit, including any In accordance with 49 U.S.C. 31136(e) authorized Federal, State, or local
personal information the commenter and 31315, the applicant has satisfied enforcement official. The exemption
provides, to http://www.regulations.gov, the conditions for obtaining an will be rescinded if: (1) The person fails
as described in the system of records exemption from the Epilepsy and to comply with the terms and
notice (DOT/ALL–14 FDMS), which can Seizure Disorder requirements and were conditions of the exemption; (2) the
be reviewed at http://www.dot.gov/ published in the Federal Register (78 exemption has resulted in a lower level
privacy. FR 67449). In addition, for Commercial of safety than was maintained before it
Driver’s License (CDL) holders, the was granted; or (3) continuation of the
I. Background Commercial Driver’s License exemption would not be consistent with
Under 49 U.S.C. 31136(e) and 31315, information System (CDLIS) and the the goals and objectives of 49 U.S.C.
FMCSA may grant an exemption for two Motor Carrier Management Information 31136(e) and 31315.
years if it finds ‘‘such exemption would System (MCMIS) are searched for crash
likely achieve a level of safety that is and violation data. For non-CDL V. Preemption
equivalent to or greater than the level holders, the Agency reviews the driving During the period the exemption is in
that would be achieved absent such records from the State Driver’s effect, no State shall enforce any law or
exemption.’’ The statute also allows the Licensing Agency (SDLA). These factors regulation that conflicts with this
Agency to renew exemptions at the end provide an adequate basis for predicting exemption with respect to a person
of the two-year period. each driver’s ability to continue to operating under the exemption.
The physical qualification standard safely operate a CMV in interstate
for drivers regarding epilepsy found in VI. Conclusion
commerce.
49 CFR 391.41(b)(8) states that a person The driver in this notice remains in Based upon its evaluation of this
is physically qualified to drive a CMV good standing with the Agency, has exemption application, FMCSA renews
if that person: maintained his medical monitoring and the exemption of the aforementioned
Has no established medical history or has not exhibited any medical issues driver from the Epilepsy and Seizure
clinical diagnosis of epilepsy or any other that would compromise his ability to Disorders requirement in 49 CFR 391.41
condition which is likely to cause the loss of safely operate a CMV during the (b)(8). In accordance with 49 U.S.C.
consciousness or any loss of ability to control previous two-year exemption period. 31136(e) and 31315, each exemption
a CMV. FMCSA has concluded that renewing will be valid for two years unless
In addition to the regulations, FMCSA the exemption for this applicant is revoked earlier by FMCSA.
has published advisory criteria to assist likely to achieve a level of safety equal Issued on: February 28, 2017.
Medical Examiners in determining to that existing without the exemption. Larry W. Minor,
whether drivers with certain medical Therefore, FMCSA has decided to renew Associate Administrator for Policy.
conditions are qualified to operate a the exemption for a two-year period. In
[FR Doc. 2017–04679 Filed 3–8–17; 8:45 am]
CMV in interstate commerce. [49 CFR accordance with 49 U.S.C. 31136(e) and
BILLING CODE 4910–EX–P
part 391, APPENDIX A TO PART 391— 31315, this driver has received a
MEDICAL ADVISORY CRITERIA, renewed exemption.
section H. Epilepsy: § 391.41(b)(8), As of January 12, 2016, Lyle Trimm
DEPARTMENT OF TRANSPORTATION
paragraphs 3, 4, and 5.] (NJ) has satisfied the renewal conditions
The individual listed in this notice for obtaining an exemption from the Federal Motor Carrier Safety
has requested renewal of his exemption Epilepsy and Seizure Disorders Administration
from the Epilepsy and Seizure Disorders prohibition in 49 CFR 391.41(b)(8), from
prohibition in 49 CFR 391.41(b)(8), in driving CMVs in interstate commerce [FMCSA Docket No. FMCSA–2016–0008]
accordance with FMCSA procedures. (78 FR 67449).
Qualification of Drivers; Exemption
Accordingly, FMCSA has evaluated the This driver was included in FMCSA–
Applications; Epilepsy and Seizure
asabaliauskas on DSK3SPTVN1PROD with NOTICES

application for renewal on its merits 2013–0107. This exemption is effective
Disorders
and decided to extend the exemption for on January 12, 2016, and will expire on
a renewable two-year period. January 12, 2018. AGENCY: Federal Motor Carrier Safety
II. Request for Comments IV. Conditions and Requirements Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
Interested parties or organizations The exemptions are extended subject
possessing information that would to the following conditions: (1) Each SUMMARY: FMCSA announces its
otherwise show that this driver is not driver must remain seizure-free and decision to exempt nine individuals
currently achieving the statutory level of maintain a stable treatment during the from the requirement in the Federal

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13186 Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices

Motor Carrier Safety Regulations granting exemptions to these individualized assessment of each
(FMCSRs) that interstate commercial individuals would achieve a level of applicant’s medical information,
motor vehicle (CMV) drivers have ‘‘no safety equivalent to or greater than the including the root cause of the
established medical history or clinical level that would be achieved by respective seizure(s) and medical
diagnosis of epilepsy or any other complying with the current regulation information about the applicant’s
condition which is likely to cause loss 49 CFR 391.41(b)(8). seizure history, the length of time that
of consciousness or any loss of ability to The physical qualification standard has elapsed since the individual’s last
control a CMV.’’ The exemptions enable for drivers regarding epilepsy found in seizure, the stability of each individual’s
these individuals who have had one or 49 CFR 391.41(b)(8) states that a person treatment regimen and the duration of
more seizures and are taking anti- is physically qualified to drive a CMV time on or off of anti-seizure
seizure medication to operate CMVs in if that person: medication. In addition, the Agency
interstate commerce. Has no established medical history or reviewed the treating clinician’s
DATES: The exemptions were effective clinical diagnosis of epilepsy or any other medical opinion related to the ability of
on December 21, 2016. The exemptions condition which is likely to cause the loss of the driver to safely operate a CMV with
will expire on December 21, 2018. consciousness or any loss of ability to control a history of seizure and each applicant’s
a CMV. driving record found in the Commercial
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical In addition to the regulations, FMCSA Driver’s License Information System
Programs Division, (202) 366–4001, has published advisory criteria 1 to (CDLIS) for commercial driver’s license
fmcsamedical@dot.gov, FMCSA, assist medical examiners in determining (CDL) holders, and interstate and
Department of Transportation, 1200 whether drivers with certain medical intrastate inspections recorded in the
New Jersey Avenue SE., Room W64– conditions are qualified to operate a Motor Carrier Management Information
224, Washington, DC 20590–0001. CMV in interstate commerce. [49 CFR System (MCMIS). For non-CDL holders,
Office hours are from 8:30 a.m. to 5 p.m. part 391, APPENDIX A TO PART 391— the Agency reviewed the driving records
e.t., Monday through Friday, except MEDICAL ADVISORY CRITERIA, from the State Driver’s Licensing
Federal holidays. If you have questions section H. Epilepsy: § 391.41(b)(8), Agency (SDLA).
regarding viewing or submitting paragraphs 3, 4, and 5.] These nine applicants have been
material to the docket, contact Docket seizure-free over a range of 10 to 32
III. Discussion of Comments years while taking anti-seizure
Services, telephone (202) 366–9826.
FMCSA received one comment from medication and maintained a stable
SUPPLEMENTARY INFORMATION:
Shenella Carlisle, in this preceding, who medication treatment regimen for the
I. Electronic Access cited information from a 2004 article last two years. In each case, the
You may see all the comments online from the American Academy of applicant’s treating physician verified
through the Federal Document Neurology regarding the relative low his or her seizure history and supports
Management System (FDMS) at: http:// crash risk of individuals who have the ability to drive commercially.
www.regulations.gov. seizures or epilepsy. She believes that A summary of each applicant’s
Docket: For access to the docket to an individual’s primary care provider, seizure history was discussed in the
read background documents or who is familiar with the individual’s November 17, 2016, Federal Register
comments, go to http:// history and treatment plan, is best notice (81 FR 81233) and will not be
www.regulations.gov and/or Room suited to decide his or her vehicle crash repeated in this notice.
W12–140 on the ground level of the risk. The Agency acknowledges the
West Building, 1200 New Jersey Avenue potential consequences of a driver
IV. Basis for Exemption Determination experiencing a seizure while operating a
SE., Washington, DC, between 9 a.m.
and 5 p.m. e.t., Monday through Friday, Under 49 U.S.C. 31136(e) and CMV. However, the Agency believes the
except Federal holidays. 31315(b), FMCSA may grant an drivers granted this exemption have
Privacy Act: In accordance with 5 exemption from the epilepsy/seizure demonstrated that they are unlikely to
U.S.C. 553(c), DOT solicits comments standard in 49 CFR 391.41(b)(8) if the have a seizure and their medical
from the public to better inform its exemption is likely to achieve an condition does not pose a risk to public
rulemaking process. DOT posts these equivalent or greater level of safety than safety.
comments, without edit, including any would be achieved without the Consequently, FMCSA finds that in
personal information the commenter exemption. The exemption allows the each case exempting these applicants
provides, to http://www.regulations.gov, applicants to operate CMVs in interstate from the epilepsy/seizure standard in 49
as described in the system of records commerce. CFR 391.41(b)(8) is likely to achieve a
notice (DOT/ALL–14 FDMS), which can In reaching the decision to grant these level of safety equal to that existing
be reviewed at http://www.dot.gov/ exemption requests, FMCSA considered without the exemption.
privacy. the 2007 recommendations of the
IV. Conditions and Requirements
Agency’s Medical Expert Panel (MEP).
II. Background The January 15, 2013, Federal Register The terms and conditions of the
On November 17, 2016, FMCSA notice (78 FR 3069) provides the current exemption are provided to the
published a notice announcing receipt MEP recommendations which is the applicants in the exemption document
of applications from nine individuals criteria the Agency uses to grant seizure and includes the following: (1) Each
driver must remain seizure-free and
asabaliauskas on DSK3SPTVN1PROD with NOTICES

requesting an exemption from the exemptions.
epilepsy prohibition in 49 CFR The Agency’s decision regarding these maintain a stable treatment during the
391.41(b)(8) and requested comments exemption applications is based on an two-year exemption period; (2) each
from the public (81 FR 81233). The driver must submit annual reports from
public comment period ended on 1 See http://www.ecfr.gov/cgi-bin/text-idx?SID= their treating physicians attesting to the
December 19, 2016, and one comment e47b48a9ea42dd67d999246e23d9 stability of treatment and that the driver
7970&mc=true&node=pt49.5.391&rgn
was received. =div5#ap49.5.391_171.a and https://www.gpo.gov/
has remained seizure-free; (3) each
FMCSA has evaluated the eligibility fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015- driver must undergo an annual medical
of these applicants and determined that title49-vol5-part391-appA.pdf. examination by a certified Medical

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Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices 13187

Examiner, as defined by 49 CFR 390.5; SUMMARY: FMCSA announces receipt of from the public to better inform its
and (4) each driver must provide a copy applications from 18 individuals for rulemaking process. DOT posts these
of the annual medical certification to exemption from the vision requirement comments, without edit, including any
the employer for retention in the in the Federal Motor Carrier Safety personal information the commenter
driver’s qualification file, or keep a copy Regulations. They are unable to meet provides, to www.regulations.gov, as
of his/her driver’s qualification file if the vision requirement in one eye for described in the system of records
he/she is self-employed. The driver various reasons. The exemptions will notice (DOT/ALL–14 FDMS), which can
must also have a copy of the exemption enable these individuals to operate be reviewed at www.dot.gov/privacy.
when driving, for presentation to a duly commercial motor vehicles (CMVs) in FOR FURTHER INFORMATION CONTACT: Ms.
authorized Federal, State, or local interstate commerce without meeting Christine A. Hydock, Chief, Medical
enforcement official. the prescribed vision requirement in Programs Division, (202) 366–4001,
one eye. If granted, the exemptions fmcsamedical@dot.gov, FMCSA,
V. Preemption would enable these individuals to Department of Transportation, 1200
During the period the exemption is in qualify as drivers of commercial motor New Jersey Avenue SE., Room W64–
effect, no State shall enforce any law or vehicles (CMVs) in interstate commerce. 113, Washington, DC 20590–0001.
regulation that conflicts with this DATES: Comments must be received on Office hours are 8:30 a.m. to 5 p.m., e.t.,
exemption with respect to a person or before April 10, 2017. All comments Monday through Friday, except Federal
operating under the exemption. will be investigated by FMCSA. The holidays. If you have questions
VI. Conclusion exemptions will be issued the day after regarding viewing or submitting
the comment period closes. material to the docket, contact Docket
Based upon its evaluation of the nine ADDRESSES: You may submit comments Services, telephone (202) 366–9826.
exemption applications, FMCSA bearing the Federal Docket Management SUPPLEMENTARY INFORMATION:
exempts the following drivers from the System (FDMS) Docket No. FMCSA–
epilepsy/seizure standard, 49 CFR 2016–0213 using any of the following I. Background
391.41(b)(8), subject to the requirements methods: Under 49 U.S.C. 31136(e) and 31315,
cited above: • Federal eRulemaking Portal: Go to FMCSA may grant an exemption from
Mark Beery (PA) http://www.regulations.gov. Follow the the Federal Motor Carrier Safety
Douglas Cantwell (TN) on-line instructions for submitting Regulations for a 2-year period if it finds
Mark McDaniel (IL) comments. ‘‘such exemption would likely achieve a
Ronnie Moody (NC) • Mail: Docket Management Facility; level of safety that is equivalent to or
Tye Moore (IN) U.S. Department of Transportation, 1200 greater than the level that would be
Jack Porcellini (PA) New Jersey Avenue SE., West Building achieved absent such exemption.’’
Jeffrey Rathman (CO) Ground Floor, Room W12–140,
Douglas Simms Jr. (NC) FMCSA can renew exemptions at the
Washington, DC 20590–0001. end of each 2-year period. The 18
Tara Van Horn (PA) • Hand Delivery: West Building
In accordance with 49 U.S.C. individuals listed in this notice have
Ground Floor, Room W12–140, 1200 each requested such an exemption from
31315(b)(1), each exemption is valid for New Jersey Avenue SE., Washington,
two years unless revoked earlier by the vision requirement in 49 CFR
DC, between 9 a.m. and 5 p.m., e.t., 391.41(b)(10), which applies to drivers
FMCSA. The exemption will be revoked Monday through Friday, except Federal
if the following occurs: (1) The of CMVs in interstate commerce.
Holidays. Accordingly, the Agency will evaluate
individual fails to comply with the • Fax: 1–202–493–2251.
terms and conditions of the exemption; Instructions: Each submission must the qualifications of each applicant to
(2) the exemption has resulted in a include the Agency name and the determine whether granting an
lower level of safety than was docket numbers for this notice. Note exemption will achieve the required
maintained prior to being granted; or (3) that all comments received will be level of safety mandated by statute.
continuation of the exemption would posted without change to http:// II. Qualifications of Applicants
not be consistent with the goals and www.regulations.gov, including any
objectives of 49 U.S.C. 31136 and 31315. personal information provided. Please James M. Demgard
Issued on: March 3, 2017. see the Privacy Act heading below for Mr. Demgard, 49, has a prosthetic left
Larry W. Minor, further information. eye due to a traumatic incident in 1996.
Docket: For access to the docket to The visual acuity in his right eye is 20/
Associate Administrator for Policy.
read background documents or 20, and in his left eye, no light
[FR Doc. 2017–04643 Filed 3–8–17; 8:45 am] comments, go to http:// perception. Following an examination
BILLING CODE 4910–EX–P www.regulations.gov at any time or in 2016, his optometrist stated, ‘‘I can
Room W12–140 on the ground level of certify James has a perfectly normal
the West Building, 1200 New Jersey right eye in all aspects to perform the
DEPARTMENT OF TRANSPORTATION Avenue SE., Washington, DC, between 9 visual tasks required for commercial
a.m. and 5 p.m., e.t., Monday through vehicle.’’ Mr. Demgard reported that he
Federal Motor Carrier Safety
Friday, except Federal holidays. The has driven straight trucks for 29 years,
Administration
FDMS is available 24 hours each day, accumulating 536,500 miles. He holds
[Docket No. FMCSA–2016–0213] 365 days each year. If you want
asabaliauskas on DSK3SPTVN1PROD with NOTICES

an operator’s license from New Jersey.
acknowledgment that we received your His driving record for the last 3 years
Qualification of Drivers; Exemption comments, please include a self- shows no crashes and no convictions for
Applications; Vision addressed, stamped envelope or moving violations in a CMV.
AGENCY: Federal Motor Carrier Safety postcard or print the acknowledgement
page that appears after submitting David L. Erickson
Administration (FMCSA), DOT.
comments on-line. Mr. Erickson, 66, has had amblyopia
ACTION: Notice of applications for
Privacy Act: In accordance with 5 in his right eye since birth. The visual
exemptions; request for comments.
U.S.C. 553(c), DOT solicits comments acuity in his right eye is 20/70, and in

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Document Created: 2017-03-09 04:59:06
Document Modified: 2017-03-09 04:59:06

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 December 21, 2016. The exemptions will expire on December 21, 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 13185

82 FR 13185 - 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