82 FR 13192 - 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		13192-13194
FR Document		2017-04659

FMCSA announces its decision to exempt 11 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 13192-13194]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04659]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2016-0007]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of final disposition.

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[[Page 13193]]

SUMMARY: FMCSA announces its decision to exempt 11 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.

DATES: The exemptions were effective on November 15, 2016. The 
exemptions will expire on November 15, 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 14, 2016, FMCSA published a notice announcing receipt of 
applications from 11 individuals requesting an exemption from the 
epilepsy prohibition in 49 CFR 391.41(b)(8) and requested comments from 
the public (81 FR 71179). The public comment period ended on November 
14, 2016, and no comments were 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.
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III. Discussion of Comments

    FMCSA received no comments in this proceeding.

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 11 applicants have been seizure-free over a range of eight to 
34 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 
October 14, 2016, Federal Register notice (81 FR 71179) 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 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

[[Page 13194]]

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 11 exemption applications, FMCSA 
exempts the following drivers from the epilepsy/seizure standard, 49 
CFR 391.41(b)(8), subject to the requirements cited above:

Kevin Beamon (NY)
Marvin Lavern Fender (CO)
Michael Charles Grant (SC)
Todd W. Hines (OH)
John A. Kangas (MI)
Chad Thomas Knott (MD)
Duane Scott Mahin (KS)
Cornelius L. Page (MD)
Curtis Joseph Palubicki (MN)
Daniel A. Pierstorff (WI)
William M. Powderly (CA)

    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: February 27, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-04659 Filed 3-8-17; 8:45 am]
 BILLING CODE 4910-EX-P

13192 Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices

driving, for presentation to a duly DATES: The exemptions were effective is physically qualified to drive a CMV
authorized Federal, State, or local on May 19, 2016. The exemptions if that person:
enforcement official. The driver is expire on May 19, 2018. Has no established medical history or
prohibited from operating a motorcoach FOR FURTHER INFORMATION CONTACT: Ms. clinical diagnosis of epilepsy or any other
or bus with passengers in interstate Christine A. Hydock, Chief, Medical condition which is likely to cause the loss of
commerce. The exemption does not Programs Division, (202) 366–4001, consciousness or any loss of ability to control
exempt the individual from meeting the a CMV.
fmcsamedical@dot.gov, FMCSA,
applicable CDL testing requirements. Department of Transportation, 1200 In addition to the regulations, FMCSA
Each exemption will be valid for two New Jersey Avenue SE., Room W64– has published advisory criteria to assist
years unless rescinded earlier by 224, Washington, DC 20590–0001. Medical Examiners in determining
FMCSA. The exemption will be Office hours are from 8:30 a.m. to 5 whether drivers with certain medical
rescinded if: (1) The person fails to p.m., e.t., Monday through Friday, conditions are qualified to operate a
comply with the terms and conditions except Federal holidays. If you have CMV in interstate commerce. [49 CFR
of the exemption; (2) the exemption has questions regarding viewing or part 391, APPENDIX A TO PART 391—
resulted in a lower level of safety than submitting material to the docket, MEDICAL ADVISORY CRITERIA,
was maintained before it was granted; or contact Docket Services, telephone (202) section H. Epilepsy: § 391.41(b)(8),
(3) continuation of the exemption would 366–9826. paragraphs 3, 4, and 5.]
not be consistent with the goals and SUPPLEMENTARY INFORMATION:
objectives of 49 U.S.C. 31136(e) and III. Discussion of Comments
31315. I. Electronic Access FMCSA received no comments in this
You may see all the comments online preceding.
IV. Conclusion
through the Federal Document IV. Conclusion
Based upon its evaluation of the Management System (FDMS) at: http://
twelve exemption applications, FMCSA Based upon its evaluation of the five
www.regulations.gov. renewal exemption applications and no
renews the exemptions of the Docket: For access to the docket to
aforementioned drivers from the hearing comments received, FMCSA confirms
read background documents or its’ decision to exempt the following
requirement in 49 CFR 391.41(b)(11). In comments, go to http://
accordance with 49 U.S.C. 31136(e) and drivers from the Epilepsy and Seizure
www.regulations.gov and/or Room Disorders requirement in 49 CFR 391.41
31315, each exemption will be valid for W12–140 on the ground level of the
two years unless revoked earlier by (b)(8), subject to the requirements cited
West Building, 1200 New Jersey Avenue above: Thomas Bynum (NC); Ronald
FMCSA. SE., Washington, DC, between 9 a.m. Hartl (WI); Craig Hoisington (NH);
Issued on: February 27, 2017. and 5 p.m., e.t., Monday through Friday, Michael Miller (WI); and Peter
Larry W. Minor, except Federal holidays. Thompson (FL).
Associate Administrator for Policy. Privacy Act: In accordance with 5 In accordance with 49 U.S.C. 31315,
[FR Doc. 2017–04682 Filed 3–8–17; 8:45 am] U.S.C. 553(c), DOT solicits comments each exemption will be valid for two
BILLING CODE 4910–EX–P
from the public to better inform its years from the effective date unless
rulemaking process. DOT posts these revoked earlier by FMCSA. The
comments, without edit, including any exemption will be revoked if the
DEPARTMENT OF TRANSPORTATION personal information the commenter following occurs: (1) The person fails to
provides, to http://www.regulations.gov, comply with the terms and conditions
Federal Motor Carrier Safety as described in the system of records of the exemption; (2) the exemption has
Administration notice (DOT/ALL–14 FDMS), which can resulted in a lower level of safety than
be reviewed at http://www.dot.gov/ was maintained prior to being granted;
[Docket No. FMCSA–2013–0443]
privacy. or (3) continuation of the exemption
Qualification of Drivers; Exemption II. Background would not be consistent with the goals
Applications; Epilepsy and Seizure and objectives of 49 U.S.C. 31136 and
On October 14, 2016, FMCSA 31315.
Disorders
published a notice announcing its
AGENCY: Federal Motor Carrier Safety decision to renew exemptions for five Issued on: February 27, 2017.
Administration (FMCSA), DOT. individuals from the Epilepsy and Larry W. Minor,
Seizure Disorders prohibition in 49 CFR Associate Administrator for Policy.
ACTION: Notice of final disposition.
391.41(b)(8) to operate a CMV in [FR Doc. 2017–04655 Filed 3–8–17; 8:45 am]
SUMMARY: FMCSA announces its interstate commerce and requested BILLING CODE 4910–EX–P
decision to renew exemptions for five comments from the public (81 FR
individuals from the requirement in the 71170). The public comment period
Federal Motor Carrier Safety ended on November 14, 2016, and no DEPARTMENT OF TRANSPORTATION
Regulations (FMCSRs) that interstate comments were received.
commercial motor vehicle (CMV) As stated in the previous notice, Federal Motor Carrier Safety
drivers have ‘‘no established medical FMCSA has evaluated the eligibility of Administration
history or clinical diagnosis of epilepsy these applicants and determined that
asabaliauskas on DSK3SPTVN1PROD with NOTICES

[FMCSA Docket No. FMCSA–2016–0007]
or any other condition which is likely renewing these exemptions would
to cause loss of consciousness or any achieve a level of safety equivalent to or Qualification of Drivers; Exemption
loss of ability to control a CMV.’’ The greater than the level that would be Applications; Epilepsy and Seizure
exemptions enable these individuals achieved by complying with the current Disorders
who have had one or more seizures and regulation 49 CFR 391.41(b)(8). AGENCY: Federal Motor Carrier Safety
are taking anti-seizure medication to The physical qualification standard Administration (FMCSA), DOT.
continue to operate CMVs in interstate for drivers regarding epilepsy found in
ACTION: Notice of final disposition.
commerce. 49 CFR 391.41(b)(8) states that a person

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Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices 13193

SUMMARY: FMCSA announces its November 14, 2016, and no comments has elapsed since the individual’s last
decision to exempt 11 individuals from were received. seizure, the stability of each individual’s
the requirement in the Federal Motor FMCSA has evaluated the eligibility treatment regimen and the duration of
Carrier Safety Regulations (FMCSRs) of these applicants and determined that time on or off of anti-seizure
that interstate commercial motor vehicle granting exemptions to these medication. In addition, the Agency
(CMV) drivers have ‘‘no established individuals would achieve a level of reviewed the treating clinician’s
medical history or clinical diagnosis of safety equivalent to or greater than the medical opinion related to the ability of
epilepsy or any other condition which level that would be achieved by the driver to safely operate a CMV with
is likely to cause loss of consciousness complying with the current regulation a history of seizure and each applicant’s
or any loss of ability to control a CMV.’’ 49 CFR 391.41(b)(8). driving record found in the Commercial
The exemptions enable these The physical qualification standard Driver’s License Information System
individuals who have had one or more for drivers regarding epilepsy found in (CDLIS) for commercial driver’s license
seizures and are taking anti-seizure 49 CFR 391.41(b)(8) states that a person (CDL) holders, and interstate and
medication to operate CMVs in is physically qualified to drive a CMV intrastate inspections recorded in the
interstate commerce. if that person: Motor Carrier Management Information
DATES: The exemptions were effective Has no established medical history or System (MCMIS). For non-CDL holders,
on November 15, 2016. The exemptions clinical diagnosis of epilepsy or any other the Agency reviewed the driving records
will expire on November 15, 2018. condition which is likely to cause the loss of from the State Driver’s Licensing
consciousness or any loss of ability to control Agency (SDLA).
FOR FURTHER INFORMATION CONTACT: Ms. a CMV. These 11 applicants have been
Christine A. Hydock, Chief, Medical seizure-free over a range of eight to 34
In addition to the regulations, FMCSA
Programs Division, (202) 366–4001, years while taking anti-seizure
has published advisory criteria 1 to
fmcsamedical@dot.gov, FMCSA, medication and maintained a stable
assist medical examiners in determining
Department of Transportation, 1200 medication treatment regimen for the
whether drivers with certain medical
New Jersey Avenue SE., Room W64– last two years. In each case, the
conditions are qualified to operate a
224, Washington, DC 20590–0001. applicant’s treating physician verified
CMV in interstate commerce. [49 CFR
Office hours are from 8:30 a.m. to 5 p.m. his or her seizure history and supports
part 391, APPENDIX A TO PART 391—
e.t., Monday through Friday, except the ability to drive commercially.
MEDICAL ADVISORY CRITERIA,
Federal holidays. If you have questions A summary of each applicant’s
section H. Epilepsy: § 391.41(b)(8),
regarding viewing or submitting seizure history was discussed in the
paragraphs 3, 4, and 5.]
material to the docket, contact Docket October 14, 2016, Federal Register
Services, telephone (202) 366–9826. III. Discussion of Comments notice (81 FR 71179) and will not be
SUPPLEMENTARY INFORMATION: FMCSA received no comments in this repeated in this notice.
proceeding. The Agency acknowledges the
I. Electronic Access
potential consequences of a driver
You may see all the comments online IV. Basis for Exemption Determination experiencing a seizure while operating a
through the Federal Document Under 49 U.S.C. 31136(e) and CMV. However, the Agency believes the
Management System (FDMS) at: http:// 31315(b), FMCSA may grant an drivers granted this exemption have
www.regulations.gov. exemption from the epilepsy/seizure demonstrated that they are unlikely to
Docket: For access to the docket to standard in 49 CFR 391.41(b)(8) if the have a seizure and their medical
read background documents or exemption is likely to achieve an condition does not pose a risk to public
comments, go to http:// equivalent or greater level of safety than safety.
www.regulations.gov and/or Room would be achieved without the Consequently, FMCSA finds that in
W12–140 on the ground level of the exemption. The exemption allows the each case exempting these applicants
West Building, 1200 New Jersey Avenue applicants to operate CMVs in interstate from the epilepsy/seizure standard in 49
SE., Washington, DC, between 9 a.m. commerce. CFR 391.41(b)(8) is likely to achieve a
and 5 p.m. e.t., Monday through Friday, In reaching the decision to grant these level of safety equal to that existing
except Federal holidays. exemption requests, FMCSA considered without the exemption.
Privacy Act: In accordance with 5 the 2007 recommendations of the
U.S.C. 553(c), DOT solicits comments IV. Conditions and Requirements
Agency’s Medical Expert Panel (MEP).
from the public to better inform its The January 15, 2013, Federal Register The terms and conditions of the
rulemaking process. DOT posts these notice (78 FR 3069) provides the current exemption are provided to the
comments, without edit, including any MEP recommendations which is the applicants in the exemption document
personal information the commenter criteria the Agency uses to grant seizure and includes the following: (1) Each
provides, to http://www.regulations.gov, exemptions. driver must remain seizure-free and
as described in the system of records The Agency’s decision regarding these maintain a stable treatment during the
notice (DOT/ALL–14 FDMS), which can exemption applications is based on an two-year exemption period; (2) each
be reviewed at http://www.dot.gov/ individualized assessment of each driver must submit annual reports from
privacy. applicant’s medical information, their treating physicians attesting to the
including the root cause of the stability of treatment and that the driver
II. Background respective seizure(s) and medical has remained seizure-free; (3) each
asabaliauskas on DSK3SPTVN1PROD with NOTICES

On October 14, 2016, FMCSA information about the applicant’s driver must undergo an annual medical
published a notice announcing receipt seizure history, the length of time that examination by a certified Medical
of applications from 11 individuals Examiner, as defined by 49 CFR 390.5;
requesting an exemption from the 1 See http://www.ecfr.gov/cgi-bin/text-idx? and (4) each driver must provide a copy
epilepsy prohibition in 49 CFR SID=e47b48a9ea42dd67d999246e23d97970&mc of the annual medical certification to
=true&node=pt49.5.391&rgn=div5#ap49.5.391_
391.41(b)(8) and requested comments 171.a and https://www.gpo.gov/fdsys/pkg/CFR-
the employer for retention in the
from the public (81 FR 71179). The 2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391 driver’s qualification file, or keep a copy
public comment period ended on -appA.pdf. of his/her driver’s qualification file if

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13194 Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices

he/she is self-employed. The driver individuals from the requirement in the interstate commerce and requested
must also have a copy of the exemption Federal Motor Carrier Safety comments from the public (81 FR
when driving, for presentation to a duly Regulations (FMCSRs) that interstate 71171). The public comment period
authorized Federal, State, or local commercial motor vehicle (CMV) ended on November 14, 2016, and no
enforcement official. drivers have ‘‘no established medical comments were received.
history or clinical diagnosis of epilepsy As stated in the previous notice,
V. Preemption FMCSA has evaluated the eligibility of
or any other condition which is likely
During the period the exemption is in to cause loss of consciousness or any these applicants and determined that
effect, no State shall enforce any law or loss of ability to control a CMV.’’ The renewing these exemptions would
regulation that conflicts with this exemptions enable these individuals achieve a level of safety equivalent to or
exemption with respect to a person who have had one or more seizures and greater than the level that would be
operating under the exemption. are taking anti-seizure medication to achieved by complying with the current
continue to operate CMVs in interstate regulation 49 CFR 391.41(b)(8).
VI. Conclusion The physical qualification standard
commerce.
Based upon its evaluation of the 11 DATES: Each renewed exemption was
for drivers regarding epilepsy found in
exemption applications, FMCSA effective on the dates stated in the 49 CFR 391.41(b)(8) states that a person
exempts the following drivers from the discussions below and will expire on is physically qualified to drive a CMV
epilepsy/seizure standard, 49 CFR the dates stated in the discussions if that person:
391.41(b)(8), subject to the requirements below. Has no established medical history or
cited above: clinical diagnosis of epilepsy or any other
FOR FURTHER INFORMATION CONTACT: Ms. condition which is likely to cause the loss of
Kevin Beamon (NY)
Christine A. Hydock, Chief, Medical consciousness or any loss of ability to control
Marvin Lavern Fender (CO)
Programs Division, (202) 366–4001, a CMV.
Michael Charles Grant (SC)
fmcsamedical@dot.gov, FMCSA, In addition to the regulations, FMCSA
Todd W. Hines (OH)
Department of Transportation, 1200 has published advisory criteria to assist
John A. Kangas (MI)
New Jersey Avenue SE., Room W64– Medical Examiners in determining
Chad Thomas Knott (MD)
224, Washington, DC 20590–0001. whether drivers with certain medical
Duane Scott Mahin (KS)
Office hours are from 8:30 a.m. to 5 conditions are qualified to operate a
Cornelius L. Page (MD)
p.m., e.t., Monday through Friday, CMV in interstate commerce. [49 CFR
Curtis Joseph Palubicki (MN)
except Federal holidays. If you have part 391, APPENDIX A TO PART 391—
Daniel A. Pierstorff (WI)
questions regarding viewing or MEDICAL ADVISORY CRITERIA,
William M. Powderly (CA)
submitting material to the docket, section H. Epilepsy: § 391.41(b)(8),
In accordance with 49 U.S.C. contact Docket Services, telephone (202)
31315(b)(1), each exemption is valid for paragraphs 3, 4, and 5.]
366–9826.
two years unless revoked earlier by SUPPLEMENTARY INFORMATION: III. Discussion of Comments
FMCSA. The exemption will be revoked FMCSA received no comments in this
if the following occurs: (1) The I. Electronic Access
preceding.
individual fails to comply with the You may see all the comments online
terms and conditions of the exemption; through the Federal Document IV. Conclusion
(2) the exemption has resulted in a Management System (FDMS) at: http:// Based upon its evaluation of the two
lower level of safety than was www.regulations.gov. renewal exemption applications and no
maintained prior to being granted; or (3) Docket: For access to the docket to comments received, FMCSA confirms
continuation of the exemption would read background documents or its’ decision to exempt the following
not be consistent with the goals and comments, go to http:// drivers from the Epilepsy and Seizure
objectives of 49 U.S.C. 31136 and 31315. www.regulations.gov and/or Room Disorders requirement in 49 CFR 391.41
Issued on: February 27, 2017. W12–140 on the ground level of the (b)(8), subject to the requirements cited
Larry W. Minor, West Building, 1200 New Jersey Avenue above.
Associate Administrator for Policy. SE., Washington, DC, between 9 a.m. As of July 8, 2016, Michael Duprey
[FR Doc. 2017–04659 Filed 3–8–17; 8:45 am]
and 5 p.m., e.t., Monday through Friday, (CT), has satisfied the renewal
except Federal holidays. conditions for obtaining an exemption
BILLING CODE 4910–EX–P
Privacy Act: In accordance with 5 from the Epilepsy and Seizure Disorders
U.S.C. 553(c), DOT solicits comments prohibition in 49 CFR 391.41(b)(8), from
DEPARTMENT OF TRANSPORTATION from the public to better inform its driving CMVs in interstate commerce
rulemaking process. DOT posts these (81 FR 71171). This driver was included
Federal Motor Carrier Safety comments, without edit, including any in FMCSA–2013–0442. This exemption
Administration personal information the commenter was effective on July 8, 2016, and will
provides, to http://www.regulations.gov, expire on July 8, 2018.
[Docket No. FMCSA–2013–0442; FMCSA– as described in the system of records As of July 14, 2016, Ronald Blout
2013–0445]
notice (DOT/ALL–14 FDMS), which can (GA), has satisfied the renewal
Qualification of Drivers; Exemption be reviewed at http://www.dot.gov/ conditions for obtaining an exemption
from the Epilepsy and Seizure Disorders
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Applications; Epilepsy and Seizure privacy.
Disorders prohibition in 49 CFR 391.41(b)(8), from
II. Background driving CMVs in interstate commerce
AGENCY: Federal Motor Carrier Safety On October 14, 2016, FMCSA (81 FR 71171). This driver was included
Administration (FMCSA), DOT. published a notice announcing its in FMCSA–2013–0445. This exemption
ACTION: Notice of final disposition. decision to renew exemptions for two was effective on July 14, 2016, and will
individuals from the Epilepsy and expire on July 14, 2018.
SUMMARY: FMCSA confirms its decision Seizure Disorders prohibition in 49 CFR In accordance with 49 U.S.C. 31315,
to renew exemptions for two 391.41(b)(8) to operate a CMV in each exemption will be valid for two

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

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 November 15, 2016. The exemptions will expire on November 15, 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 13192

82 FR 13192 - 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