82 FR 13197 - 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		13197-13197
FR Document		2017-04671

FMCSA announces its decision to renew exemptions for four 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]
[Page 13197]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04671]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0213]


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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SUMMARY: FMCSA announces its decision to renew exemptions for four 
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: The exemptions were effective on September 16, 2016. The 
exemptions expire on September 16, 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 its 
decision to renew exemptions for four 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 
71166). 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 four 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: Lee Anderson (MA); Gary Combs (KY); Roland Mezger (PA); and 
Robert Thomas Jr. (NC).
    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. 2017-04671 Filed 3-8-17; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices 13197

FMCSA–2002–11714. Their exemptions submitting material to the docket, MEDICAL ADVISORY CRITERIA,
are effective as of May 30, 2016, and contact Docket Services, telephone (202) section H. Epilepsy: § 391.41(b)(8),
will expire on May 30, 2018. 366–9826. paragraphs 3, 4, and 5.]
In accordance with 49 U.S.C. 31315, SUPPLEMENTARY INFORMATION: III. Discussion of Comments
each exemption will be valid for two
years from the effective date unless I. Electronic Access FMCSA received no comments in this
revoked earlier by FMCSA. The You may see all the comments online preceding.
exemption will be revoked if the through the Federal Document IV. Conclusion
following occurs: (1) The person fails to Management System (FDMS) at: http://
comply with the terms and conditions Based upon its evaluation of the four
www.regulations.gov.
of the exemption; (2) the exemption has Docket: For access to the docket to renewal exemption applications and no
resulted in a lower level of safety than read background documents or comments received, FMCSA confirms
was maintained prior to being granted; comments, go to http:// its’ decision to exempt the following
or (3) continuation of the exemption www.regulations.gov and/or Room drivers from the Epilepsy and Seizure
would not be consistent with the goals W12–140 on the ground level of the Disorders requirement in 49 CFR 391.41
and objectives of 49 U.S.C. 31136 and West Building, 1200 New Jersey Avenue (b)(8), subject to the requirements cited
31315. SE., Washington, DC, between 9 a.m. above: Lee Anderson (MA); Gary Combs
and 5 p.m., e.t., Monday through Friday, (KY); Roland Mezger (PA); and Robert
Issued on: March 1, 2017. Thomas Jr. (NC).
Larry W. Minor, except Federal holidays.
In accordance with 49 U.S.C. 31315,
Associate Administrator for Policy.
Privacy Act: In accordance with 5
each exemption will be valid for two
U.S.C. 553(c), DOT solicits comments
[FR Doc. 2017–04658 Filed 3–8–17; 8:45 am] years from the effective date unless
from the public to better inform its
BILLING CODE 4910–EX–P revoked earlier by FMCSA. The
rulemaking process. DOT posts these
exemption will be revoked if the
comments, without edit, including any
following occurs: (1) The person fails to
DEPARTMENT OF TRANSPORTATION personal information the commenter
comply with the terms and conditions
provides, to http://www.regulations.gov,
of the exemption; (2) the exemption has
Federal Motor Carrier Safety as described in the system of records
resulted in a lower level of safety than
Administration notice (DOT/ALL–14 FDMS), which can
was maintained prior to being granted;
be reviewed at http://www.dot.gov/
[Docket No. FMCSA–2014–0213] or (3) continuation of the exemption
privacy.
would not be consistent with the goals
Qualification of Drivers; Exemption II. Background and objectives of 49 U.S.C. 31136 and
Applications; Epilepsy and Seizure On October 14, 2016, FMCSA 31315.
Disorders published a notice announcing its Issued on: February 27, 2017.
AGENCY: Federal Motor Carrier Safety decision to renew exemptions for four Larry W. Minor,
Administration (FMCSA), DOT. individuals from the Epilepsy and Associate Administrator for Policy.
ACTION: Notice of final disposition. Seizure Disorders prohibition in 49 CFR [FR Doc. 2017–04671 Filed 3–8–17; 8:45 am]
391.41(b)(8) to operate a CMV in BILLING CODE 4910–EX–P
SUMMARY: FMCSA announces its interstate commerce and requested
decision to renew exemptions for four comments from the public (81 FR
individuals from the requirement in the 71166). The public comment period DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety ended on November 14, 2016, and no
Regulations (FMCSRs) that interstate comments were received. Federal Motor Carrier Safety
commercial motor vehicle (CMV) As stated in the previous notice, Administration
drivers have ‘‘no established medical FMCSA has evaluated the eligibility of [Docket No. FMCSA–2014–0214; FMCSA–
history or clinical diagnosis of epilepsy these applicants and determined that 2014–0215]
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
commerce. 49 CFR 391.41(b)(8) states that a person ACTION: Notice of renewal of
is physically qualified to drive a CMV exemptions; request for comments.
DATES: The exemptions were effective
on September 16, 2016. The exemptions if that person: SUMMARY: FMCSA announces its
expire on September 16, 2018. Has no established medical history or decision to renew exemptions of seven
FOR FURTHER INFORMATION CONTACT: Ms. clinical diagnosis of epilepsy or any other individuals from the requirement in the
Christine A. Hydock, Chief, Medical condition which is likely to cause the loss of Federal Motor Carrier Safety
Programs Division, (202) 366–4001, consciousness or any loss of ability to control Regulations (FMCSRs) that interstate
asabaliauskas on DSK3SPTVN1PROD with NOTICES

fmcsamedical@dot.gov, FMCSA, a CMV. commercial motor vehicle (CMV)
Department of Transportation, 1200 In addition to the regulations, FMCSA drivers have ‘‘no established medical
New Jersey Avenue SE., Room W64– has published advisory criteria to assist history or clinical diagnosis of epilepsy
224, Washington, DC 20590–0001. Medical Examiners in determining or any other condition which is likely
Office hours are from 8:30 a.m. to 5 whether drivers with certain medical to cause loss of consciousness or any
p.m., e.t., Monday through Friday, conditions are qualified to operate a loss of ability to control a CMV.’’ The
except Federal holidays. If you have CMV in interstate commerce. [49 CFR exemptions enable these individuals
questions regarding viewing or part 391, APPENDIX A TO PART 391— who have had one or more seizures and

VerDate Sep<11>2014 17:43 Mar 08, 2017 Jkt 241001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.SGM 09MRN1

Document Created: 2017-03-09 04:58:49
Document Modified: 2017-03-09 04:58:49

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 September 16, 2016. The exemptions expire on September 16, 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 13197

82 FR 13197 - 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