82 FR 13194 - 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		13194-13195
FR Document		2017-04651

FMCSA confirms its decision to renew exemptions for two 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 13194-13195]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04651]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0442; FMCSA-2013-0445]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA confirms its decision to renew exemptions for two 
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.

DATES: Each renewed exemption was effective on the dates stated in the 
discussions below and will expire on the dates stated in the 
discussions below.

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 its 
decision to renew exemptions for two 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 
71171). The public comment period ended on November 14, 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 two 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.
    As of July 8, 2016, Michael Duprey (CT), has satisfied the renewal 
conditions for obtaining an exemption from the Epilepsy and Seizure 
Disorders prohibition in 49 CFR 391.41(b)(8), from driving CMVs in 
interstate commerce (81 FR 71171). This driver was included in FMCSA-
2013-0442. This exemption was effective on July 8, 2016, and will 
expire on July 8, 2018.
    As of July 14, 2016, Ronald Blout (GA), has satisfied the renewal 
conditions for obtaining an exemption from the Epilepsy and Seizure 
Disorders prohibition in 49 CFR 391.41(b)(8), from driving CMVs in 
interstate commerce (81 FR 71171). This driver was included in FMCSA-
2013-0445. This exemption was effective on July 14, 2016, and will 
expire on July 14, 2018.
    In accordance with 49 U.S.C. 31315, each exemption will be valid 
for two

[[Page 13195]]

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. 2017-04651 Filed 3-8-17; 8:45 am]
 BILLING CODE 4910-EX-P

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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Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices 13195

years from the effective date unless except Federal holidays. If you have III. Discussion of Comments
revoked earlier by FMCSA. The questions regarding viewing or FMCSA received no comments in this
exemption will be revoked if the submitting material to the docket, preceding.
following occurs: (1) The person fails to contact Docket Services, telephone (202)
comply with the terms and conditions 366–9826. VI. Conclusion
of the exemption; (2) the exemption has SUPPLEMENTARY INFORMATION: As of May 7, 2016, and in accordance
resulted in a lower level of safety than with 49 U.S.C. 31136(e) and 31315, the
was maintained prior to being granted; I. Electronic Access following 11 individuals have satisfied
or (3) continuation of the exemption You may see all the comments online the conditions for obtaining a renewed
would not be consistent with the goals through the Federal Document exemption from the vision requirements
and objectives of 49 U.S.C. 31136 and Management System (FDMS) at: http:// (69 FR 64806; 70 FR 2705; 71 FR 6826;
31315. www.regulations.gov. 71 FR 19602; 72 FR 1054; 73 FR 11989;
Issued on: February 27, 2017. Docket: For access to the docket to 74 FR 26464; 74 FR 60022; 75 FR 4623;
Larry W. Minor, read background documents or 75 FR 13653; 76 FR 49528; 76 FR 61143;
Associate Administrator for Policy. comments, go to http:// 76 FR 70212; 77 FR 543; 77 FR 5874; 77
[FR Doc. 2017–04651 Filed 3–8–17; 8:45 am] www.regulations.gov and/or Room FR 17107; 77 FR 17117; 78 FR 76707;
W12–140 on the ground level of the 78 FR 77782; 79 FR 1908; 79 FR 10611;
BILLING CODE 4910–EX–P
West Building, 1200 New Jersey Avenue 79 FR 13085; 79 FR 14331; 79 FR 14333;
SE., Washington, DC, between 9 a.m. 79 FR 14571; 79 FR 18391; 79 FR 18392;
DEPARTMENT OF TRANSPORTATION and 5 p.m., e.t., Monday through Friday, 79 FR 22003; 79 FR 28588; 79 FR
except Federal holidays. 29498):
Federal Motor Carrier Safety Privacy Act: In accordance with 5 Stephan P. Adamczyk (ME)
Administration U.S.C. 553(c), DOT solicits comments Otto J. Ammer, Jr. (PA)
from the public to better inform its Alphonso A. Barco (SC)
[Docket No. FMCSA–1999–6480; FMCSA–
2001–11426; FMCSA–2002–11714; FMCSA– rulemaking process. DOT posts these Teddy S. Bioni (PA)
2002–12844; FMCSA–2003–16564; FMCSA– comments, without edit, including any Darrell Canupp (MI)
2004–19477; FMCSA–2005–21711; FMCSA– personal information the commenter John A. Carroll, Jr. (AL)
2005–22727; FMCSA–2005–23099; FMCSA– James A. Champion (WA)
provides, to http://www.regulations.gov,
2006–23773; FMCSA–2006–24015; FMCSA– Larry Chinn (WI)
as described in the system of records
2008–0021; FMCSA–2009–0011; FMCSA– Michael Gargano (FL)
notice (DOT/ALL–14 FDMS), which can Ronald L. Walker (FL)
2009–0303; FMCSA–2009–0321; FMCSA–
2010–0050; FMCSA–2011–0142; FMCSA– be reviewed at http://www.dot.gov/ Charles G. Warshun, Jr. (NY)
2011–0299; FMCSA–2011–0366; FMCSA– privacy.
The drivers were included in one of
2011–0379; FMCSA–2011–0380; FMCSA– II. Background the following dockets: Docket Nos.
2012–0039; FMCSA–2013–0174; FMCSA–
FMCSA–2003–16241; FMCSA–2007–
2014–0002; FMCSA–2014–0003; FMCSA– On December 16, 2016, FMCSA
2014–0004] 28695; FMCSA–2004–19477; FMCSA–
published a notice announcing its
2006–23773; FMCSA–2009–0303;
decision to renew exemptions for 131
Qualification of Drivers; Exemption FMCSA–2011–0142; FMCSA–2011–
individuals from the vision requirement
Applications; Vision 0366; FMCSA–2013–0174; FMCSA–
in 49 CFR 391.41(b)(10) to operate a
2014–0002; FMCSA–2014–0003;
AGENCY: Federal Motor Carrier Safety CMV in interstate commerce and
FMCSA–2014–0004. Their exemptions
Administration (FMCSA), DOT. requested comments from the public (81
are effective as of May 7, 2016, and will
ACTION: Notice of final disposition.
FR 91239). The public comment period
expire on May 7, 2018.
ended on January 17, 2017, and no
As of May 11, 2016, and in
SUMMARY: FMCSA announces its comments were received.
accordance with 49 U.S.C. 31136(e) and
decision to renew exemptions for 131 As stated in the previous notice, 31315, the following 10 individuals
individuals from the vision requirement FMCSA has evaluated the eligibility of have satisfied the conditions for
in the Federal Motor Carrier Safety these applicants and determined that obtaining a renewed exemption from the
Regulations (FMCSRs) for interstate renewing these exemptions would vision requirements (77 FR 15184; 77
commercial motor vehicle (CMV) achieve a level of safety equivalent to or FR 27850; 79 FR 21996):
drivers. The exemptions enable these greater than the level that would be
achieved by complying with the current Robert L. Brauns (IA)
individuals to continue to operate CMVs
Bobby R. Brooks (GA)
in interstate commerce without meeting regulation 49 CFR 391.41(b)(10).
Clifford W. Doran, Jr. (NC)
the vision requirement in one eye. The physical qualification standard Ryan C. Dugan (NY)
DATES: Each group of renewed for drivers regarding vision found in 49 Glenn C. Grimm (NJ)
exemptions was effective on the dates CFR 391.41(b)(10) states that a person is Charles J. Kennedy (OH)
stated in the discussions below and will physically qualified to driver a CMV if Richard A. Pucker (WI)
expire on the dates stated in the that person: John M. Riley (AL)
discussions below. Has distant visual acuity of at least 20/40 Jeffery A. Sheets (AR)
FOR FURTHER INFORMATION CONTACT: Ms. (Snellen) in each eye without corrective Randy L. Stevens (GA)
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Christine A. Hydock, Chief, Medical lenses or visual acuity separately corrected to The drivers were included in one of
Programs Division, 202–366–4001, 20/40 (Snellen) or better with corrective the following dockets: Docket No.
fmcsamedical@dot.gov, FMCSA, lenses, distant binocular acuity of a least 20/
FMCSA–2001–0299; FMCSA–2011–
40 (Snellen) in both eyes with or without
Department of Transportation, 1200 corrective lenses, field of vision of at least 0379; FMCSA–2011–0380. Their
New Jersey Avenue SE., Room W64– 70° in the horizontal meridian in each eye, exemptions are effective as of May 11,
224, Washington, DC 20590–0001. and the ability to recognize the colors of 2016, and will expire on May 11, 2018.
Office hours are from 8:30 a.m. to 5 traffic signals and devices showing red, As of May 12, 2016, and in
p.m., e.t., Monday through Friday, green, and amber. accordance with 49 U.S.C. 31136(e) and

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Document Created: 2017-03-09 04:59:07
Document Modified: 2017-03-09 04:59:07

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		Each renewed exemption was effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below.
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 13194

82 FR 13194 - 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