82 FR 23707 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 98 (May 23, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 98 (May 23, 2017)
| Page Range | 23707-23709 | |
| FR Document | 2017-10560 |
[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)] [Notices] [Pages 23707-23709] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10560] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2016-0315] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. [[Page 23708]] ACTION: Notice of final disposition. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to exempt eight 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 May 5, 2017. The exemptions expire on May 5, 2019. 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 March 16, 2017, FMCSA published a notice announcing receipt of applications from eight individuals requesting an exemption from the epilepsy prohibition in 49 CFR 391.41(b)(8) and requested comments from the public (82 FR 14104). The public comment period ended on April 17, 2017 and three 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. --------------------------------------------------------------------------- III. Discussion of Comments FMCSA receive three comments in this proceeding. Two commenters provided support for granting these seizure exemptions. While a third anonymous commenter expressed concern for granting exemptions to individuals that have disorders which can result in unsafe driving. FMCSA evaluated the medical records of all eight applicants and determined that granting these exemptions would achieve an equivalent or greater level of safety than would be achieved without the exemption. 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 eight applicants have been seizure-free over a range of 9 to 18 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 March 16, 2017 Federal Register notice 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. V. 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 [[Page 23709]] 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 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. VI. 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. VII. Conclusion Based upon its evaluation of the eight exemption applications, FMCSA exempts the following drivers from the epilepsy/seizure standard, 49 CFR 391.41(b)(8), subject to the requirements cited above: Brian Justin Brown (PA) Adam Cutler (ME) Rick L. Gardener (WI) Nathan J. Hanson (WI) Larry Henington (UT) Jason Speakman (IN) Robert Lee Sprouse Jr. (VA) Aaron M. Witt (NE) 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: May 17, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-10560 Filed 5-22-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices 23707
Mike P. Senn (MN) Ronny J. Moreau (NH) Steven E. Brechting (MI)
Hames H. Suttles (AL) James M. O’Rourke (MA) Scott A. Carlson (WI)
Gregory F. Wendt (NE) Joshua T. Paumer (MT) Joseph L. Coggins (SC)
Michael J. Wickstrom (MI) Vladimir B. Petkov (MO) Stephanie D. Fry (WY)
The drivers were included in docket Luther S. Pickell (KS) Robert W. Gaultney, Jr. (MD)
Robert J. Pulliam (AZ) Paul T. Kubish (WI)
No. FMCSA–2013–0183. Their David M. Levy (NY)
exemptions are effective as of November Andrew W. Sprester (ND)
Vincent J. Terrizzi, Sr. (PA) Sterling C. Madsen (UT)
1, 2015, and will expire on November 1, David F. Morin (CA)
2017. Daniel C. Theis (FL) Jeffrey J. Morinelli (NE)
As of November 6, 2015, and in Richard A. White (TN) Ronald D. Murphy (WV)
accordance with 49 U.S.C. 31136(e) and Mark A. Winning (IL) Charles B. Page (PA)
31315, George J. Ehnot (PA) has satisfied The drivers were included in docket John A. Remaklus (OH)
the renewal conditions for obtaining an No. FMCSA–2013–0186. Their Michael D. Schooler (IN)
exemption from the rule prohibiting exemptions are effective as of November Arthur L. Stapleton, Jr. (OH)
drivers with ITDM from driving CMVs 12, 2015, and will expire on November Carolyn J. Taylor (IN)
in interstate commerce. (78 FR 56988; 12, 2017. Jeffrey M. Thew (WA)
As of November 16, 2015, and in Barney J. Wade (MS)
78 FR 67459; 80 FR 68895).
accordance with 49 U.S.C. 31136(e) and Dennis D. Wade (IL)
This driver was included in docket
No. FMCSA–2013–0186. The exemption 31315, the following 13 individuals The drivers were included in docket
is effective as of November 6, 2015, and have satisfied the renewal conditions for No. FMCSA–2006–2575. Their
will expire on November 6, 2017. obtaining an exemption from the rule exemptions are effective as of November
As of November 9, 2015, and in prohibiting drivers with ITDM from 20, 2015, and will expire on November
accordance with 49 U.S.C. 31136(e) and driving CMVs in interstate commerce 20, 2017.
(76 FR 61140; 76 FR 71111; 80 FR As of November 22, 2015, and in
31315, the following 11 individuals
68895): accordance with 49 U.S.C. 31136(e) and
have satisfied the renewal conditions for
31315, Steven R. Auger (NH) has
obtaining an exemption from the rule Mark D. Andersen (IA) satisfied the renewal conditions for
prohibiting drivers with ITDM from David A. Basher (MA) obtaining an exemption from the rule
driving CMVs in interstate commerce Brian H. Berthiaume (VT) prohibiting drivers with ITDM from
(78 FR 55460; 78 FR 69795; 80 FR Eric D. Blocker, Sr. (NC) driving CMVs in interstate commerce.
68895): Berry W. Campbell (WI) (76 FR 63280; 76 FR 76398; 80 FR
Mark A. Blanton (IN) Raymond A. Jack (WA) 68895).
Howard T. Cash (IL) Quency T. Johnson (WI) This driver was included in docket
Heath J. Chesser (AL) Kenny B. Keels, Jr. (SC) No. FMCSA–2013–0188. The exemption
Kevin F. Connacher (PA) Jason M. Pritchett (MI) is effective as of November 22, 2015,
Darryl A. Daniels (OH) Steven R. Sibert (MN) and will expire on November 22, 2017.
Carrie L. Frisby (CA) Cassie J. Silbernagel (SD) In accordance with 49 U.S.C. 31315,
Dean M. Keeven (MI) Lewis B. Taylor (IL) each exemption will be valid for two
Christopher A. Labudde (IL) James A. Terilli (NY) years from the effective date unless
Brian A. Mankowski (IL) The drivers were included in docket revoked earlier by FMCSA. The
Robert E. Welling (OH) No. FMCSA–2011–0194. Their exemption will be revoked if the
Keith Weymouth (ME) exemptions are effective as of November following occurs: (1) The person fails to
The drivers were included in docket 16, 2015, and will expire on November comply with the terms and conditions
No. FMCSA–2011–0193. Their 16, 2017. of the exemption; (2) the exemption has
exemptions are effective as of November As of November 19, 2015, and in resulted in a lower level of safety than
9, 2015, and will expire on November 9, accordance with 49 U.S.C. 31136(e) and was maintained prior to being granted;
2017. 31315, Marshall H. Evans (IL) has or (3) continuation of the exemption
As of November 12, 2015, and in satisfied the renewal conditions for would not be consistent with the goals
accordance with 49 U.S.C. 31136(e) and obtaining an exemption from the rule and objectives of 49 U.S.C. 31136 and
31315, the following 24 individuals prohibiting drivers with ITDM from 31315.
have satisfied the renewal conditions for driving CMVs in interstate commerce.
Issued on: May 17, 2017.
obtaining an exemption from the rule (76 FR 63280; 76 FR 76398; 80 FR
Larry W. Minor,
prohibiting drivers with ITDM from 68895).
This driver was included in docket Associate Administrator for Policy.
driving CMVs in interstate commerce
No. FMCSA–2013–0188. The exemption [FR Doc. 2017–10559 Filed 5–22–17; 8:45 am]
(78 FR 56988; 78 FR 67459; 80 FR
68895): is effective as of November 19, 2015, BILLING CODE 4910–EX–P
Charles E. Andersen (MN) and will expire on November 19, 2017.
Philip B. Blythe (IL) As of November 20, 2015, and in
accordance with 49 U.S.C. 31136(e) and DEPARTMENT OF TRANSPORTATION
Ryan T. Byndas (AZ)
Winfred G. Clemenson (WA) 31315, the following 22 individuals Federal Motor Carrier Safety
Michael C. Crewse (IL) have satisfied the renewal conditions for Administration
obtaining an exemption from the rule
sradovich on DSK3GMQ082PROD with NOTICES
James D. Crosson, Jr. (MN)
Bruce E. Feltenbarger (MI) prohibiting drivers with ITDM from [FMCSA Docket No. FMCSA–2016–0315]
Charles A. Fleming (VA) driving CMVs in interstate commerce
(71 FR 58464; 71 FR 67201; 80 FR Qualification of Drivers; Exemption
Brian W. Hannah (UT) Applications; Epilepsy and Seizure
Michael P. Huck (MI) 68895):
Disorders
Van K. Jarrett (KY) John N. Anderson (MN)
Keith W. Lewis (MO) Allan C. Boyum (MN) AGENCY:Federal Motor Carrier Safety
Eugene M. Mikell (NH) Terry L. Brantley (NC) Administration (FMCSA), DOT.
VerDate Sep<11>2014 21:15 May 22, 2017 Jkt 241001 PO 00000 Frm 00187 Fmt 4703 Sfmt 4703 E:\FR\FM\23MYN1.SGM 23MYN1](https://thefederalregister.org/doc/82_FR_23805/page/1.svg)
![23708 Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices
ACTION: Notice of final disposition. from the public (82 FR 14104). The Agency’s Medical Expert Panel (MEP).
public comment period ended on April The January 15, 2013, Federal Register
SUMMARY: FMCSA announces its 17, 2017 and three comments were notice (78 FR 3069) provides the current
decision to exempt eight individuals received. MEP recommendations which is the
from the requirement in the Federal FMCSA has evaluated the eligibility criteria the Agency uses to grant seizure
Motor Carrier Safety Regulations of these applicants and determined that exemptions.
(FMCSRs) that interstate commercial granting exemptions to these The Agency’s decision regarding these
motor vehicle (CMV) drivers have ‘‘no individuals would achieve a level of exemption applications is based on an
established medical history or clinical safety equivalent to or greater than the individualized assessment of each
diagnosis of epilepsy or any other level that would be achieved by applicant’s medical information,
condition which is likely to cause loss complying with the current regulation including the root cause of the
of consciousness or any loss of ability to 49 CFR 391.41(b)(8). respective seizure(s) and medical
control a CMV.’’ The exemptions enable The physical qualification standard information about the applicant’s
these individuals who have had one or for drivers regarding epilepsy found in seizure history, the length of time that
more seizures and are taking anti- 49 CFR 391.41(b)(8) states that a person has elapsed since the individual’s last
seizure medication to operate CMVs in is physically qualified to drive a CMV seizure, the stability of each individual’s
interstate commerce. if that person: treatment regimen and the duration of
DATES: The exemptions were effective Has no established medical history or time on or off of anti-seizure
on May 5, 2017. The exemptions expire clinical diagnosis of epilepsy or any other medication. In addition, the Agency
on May 5, 2019. condition which is likely to cause the loss of reviewed the treating clinician’s
FOR FURTHER INFORMATION CONTACT: Ms. consciousness or any loss of ability to control medical opinion related to the ability of
Christine A. Hydock, Chief, Medical a CMV. the driver to safely operate a CMV with
Programs Division, (202) 366–4001, In addition to the regulations, FMCSA a history of seizure and each applicant’s
fmcsamedical@dot.gov, FMCSA, has published advisory criteria 1 to driving record found in the Commercial
Department of Transportation, 1200 assist medical examiners in determining Driver’s License Information System
New Jersey Avenue SE., Room W64– whether drivers with certain medical (CDLIS) for commercial driver’s license
224, Washington, DC 20590–0001. conditions are qualified to operate a (CDL) holders, and interstate and
Office hours are from 8:30 a.m. to 5 CMV in interstate commerce. [49 CFR intrastate inspections recorded in the
p.m., e.t., Monday through Friday, part 391, APPENDIX A TO PART 391— Motor Carrier Management Information
except Federal holidays. If you have MEDICAL ADVISORY CRITERIA, System (MCMIS). For non-CDL holders,
questions regarding viewing or section H. Epilepsy: § 391.41(b)(8), the Agency reviewed the driving records
submitting material to the docket, paragraphs 3, 4, and 5.] from the State Driver’s Licensing
contact Docket Services, telephone (202) Agency (SDLA).
366–9826. III. Discussion of Comments These eight applicants have been
SUPPLEMENTARY INFORMATION: FMCSA receive three comments in seizure-free over a range of 9 to 18 years
this proceeding. Two commenters while taking anti-seizure medication
I. Electronic Access provided support for granting these and maintained a stable medication
You may see all the comments online seizure exemptions. While a third treatment regimen for the last two years.
through the Federal Document anonymous commenter expressed In each case, the applicant’s treating
Management System (FDMS) at: http:// concern for granting exemptions to physician verified his or her seizure
www.regulations.gov. individuals that have disorders which history and supports the ability to drive
Docket: For access to the docket to can result in unsafe driving. FMCSA commercially.
read background documents or evaluated the medical records of all A summary of each applicant’s
comments, go to http:// eight applicants and determined that seizure history was discussed in the
www.regulations.gov and/or Room granting these exemptions would March 16, 2017 Federal Register notice
W12–140 on the ground level of the achieve an equivalent or greater level of and will not be repeated in this notice.
West Building, 1200 New Jersey Avenue safety than would be achieved without The Agency acknowledges the
SE., Washington, DC, between 9 a.m. the exemption. potential consequences of a driver
and 5 p.m., e.t., Monday through Friday, experiencing a seizure while operating a
IV. Basis for Exemption Determination
except Federal holidays. CMV. However, the Agency believes the
Privacy Act: In accordance with 5 Under 49 U.S.C. 31136(e) and drivers granted this exemption have
U.S.C. 553(c), DOT solicits comments 31315(b), FMCSA may grant an demonstrated that they are unlikely to
from the public to better inform its exemption from the epilepsy/seizure have a seizure and their medical
rulemaking process. DOT posts these standard in 49 CFR 391.41(b)(8) if the condition does not pose a risk to public
comments, without edit, including any exemption is likely to achieve an safety.
personal information the commenter equivalent or greater level of safety than Consequently, FMCSA finds that in
provides, to http://www.regulations.gov, would be achieved without the each case exempting these applicants
as described in the system of records exemption. The exemption allows the from the epilepsy/seizure standard in 49
notice (DOT/ALL–14 FDMS), which can applicants to operate CMVs in interstate CFR 391.41(b)(8) is likely to achieve a
be reviewed at http://www.dot.gov/ commerce. level of safety equal to that existing
privacy. In reaching the decision to grant these without the exemption.
sradovich on DSK3GMQ082PROD with NOTICES
exemption requests, FMCSA considered
II. Background the 2007 recommendations of the V. Conditions and Requirements
On March 16, 2017, FMCSA The terms and conditions of the
published a notice announcing receipt 1 See http://www.ecfr.gov/cgi-bin/text-idx?SID= exemption are provided to the
of applications from eight individuals e47b48a9ea42dd67d999246e23d97970 applicants in the exemption document
&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_
requesting an exemption from the 171.a and https://www.gpo.gov/fdsys/pkg/CFR-
and includes the following: (1) Each
epilepsy prohibition in 49 CFR 2015-title49-vol5/pdf/CFR-2015-title49-vol5- driver must remain seizure-free and
391.41(b)(8) and requested comments part391-appA.pdf. maintain a stable treatment during the
VerDate Sep<11>2014 21:15 May 22, 2017 Jkt 241001 PO 00000 Frm 00188 Fmt 4703 Sfmt 4703 E:\FR\FM\23MYN1.SGM 23MYN1](https://thefederalregister.org/doc/82_FR_23805/page/2.svg)
![Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices 23709
two-year exemption period; (2) each DEPARTMENT OF TRANSPORTATION as described in the system of records
driver must submit annual reports from notice (DOT/ALL–14 FDMS), which can
their treating physicians attesting to the Federal Motor Carrier Safety be reviewed at http://www.dot.gov/
stability of treatment and that the driver Administration privacy.
has remained seizure-free; (3) each [FMCSA Docket No. FMCSA–2016–0011] II. Background
driver must undergo an annual medical
Qualification of Drivers; Exemption On December 29, 2016, FMCSA
examination by a certified Medical
Applications; Epilepsy and Seizure published a notice announcing receipt
Examiner, as defined by 49 CFR 390.5;
Disorders of applications from six individuals
and (4) each driver must provide a copy requesting an exemption from the
of the annual medical certification to AGENCY: Federal Motor Carrier Safety epilepsy prohibition in 49 CFR
the employer for retention in the Administration (FMCSA), DOT. 391.41(b)(8) and requested comments
driver’s qualification file, or keep a copy from the public (81 FR 96193). The
ACTION: Notice of final disposition.
of his/her driver’s qualification file if public comment period ended on
he/she is self-employed. The driver SUMMARY: FMCSA announces its January 30, 2017, and no comments
must also have a copy of the exemption decision to exempt six individuals from were received.
when driving, for presentation to a duly the requirement in the Federal Motor FMCSA has evaluated the eligibility
authorized Federal, State, or local Carrier Safety Regulations (FMCSRs) of these applicants and determined that
enforcement official. that interstate commercial motor vehicle granting exemptions to these
(CMV) drivers have ‘‘no established individuals would achieve a level of
VI. Preemption medical history or clinical diagnosis of safety equivalent to or greater than the
During the period the exemption is in epilepsy or any other condition which level that would be achieved by
effect, no State shall enforce any law or is likely to cause loss of consciousness complying with the current regulation
regulation that conflicts with this or any loss of ability to control a CMV.’’ 49 CFR 391.41(b)(8).
The exemptions enable these The physical qualification standard
exemption with respect to a person
individuals who have had one or more for drivers regarding epilepsy found in
operating under the exemption.
seizures and are taking anti-seizure 49 CFR 391.41(b)(8) states that a person
VII. Conclusion medication to operate CMVs in is physically qualified to drive a CMV
interstate commerce. if that person:
Based upon its evaluation of the eight
DATES: The exemptions were effective Has no established medical history or
exemption applications, FMCSA on February 3, 2017. The exemptions clinical diagnosis of epilepsy or any other
exempts the following drivers from the will expire on February 3, 2019. condition which is likely to cause the loss of
epilepsy/seizure standard, 49 CFR consciousness or any loss of ability to control
FOR FURTHER INFORMATION CONTACT: Ms. a CMV.
391.41(b)(8), subject to the requirements
Christine A. Hydock, Chief, Medical
cited above: Programs Division, (202) 366–4001, In addition to the regulations, FMCSA
Brian Justin Brown (PA) fmcsamedical@dot.gov, FMCSA, has published advisory criteria 1 to
Department of Transportation, 1200 assist medical examiners in determining
Adam Cutler (ME) whether drivers with certain medical
New Jersey Avenue SE., Room W64–
Rick L. Gardener (WI) 224, Washington, DC 20590–0001. conditions are qualified to operate a
Nathan J. Hanson (WI) Office hours are from 8:30 a.m. to 5 p.m. CMV in interstate commerce. [49 CFR
e.t., Monday through Friday, except part 391, APPENDIX A TO PART 391—
Larry Henington (UT) MEDICAL ADVISORY CRITERIA,
Federal holidays. If you have questions
Jason Speakman (IN) regarding viewing or submitting section H. Epilepsy: § 391.41(b)(8),
Robert Lee Sprouse Jr. (VA) material to the docket, contact Docket paragraphs 3, 4, and 5.]
Aaron M. Witt (NE) Services, telephone (202) 366–9826. III. Discussion of Comments
SUPPLEMENTARY INFORMATION: FMCSA received no comments in this
In accordance with 49 U.S.C.
31315(b)(1), each exemption is valid for I. Electronic Access proceeding.
two years unless revoked earlier by You may see all the comments online IV. Basis for Exemption Determination
FMCSA. The exemption will be revoked through the Federal Document Under 49 U.S.C. 31136(e) and
if the following occurs: (1) The Management System (FDMS) at: http:// 31315(b), FMCSA may grant an
individual fails to comply with the www.regulations.gov. exemption from the epilepsy/seizure
terms and conditions of the exemption; Docket: For access to the docket to standard in 49 CFR 391.41(b)(8) if the
(2) the exemption has resulted in a read background documents or exemption is likely to achieve an
lower level of safety than was comments, go to http:// equivalent or greater level of safety than
maintained prior to being granted; or (3) www.regulations.gov and/or Room would be achieved without the
continuation of the exemption would W12–140 on the ground level of the exemption. The exemption allows the
not be consistent with the goals and West Building, 1200 New Jersey Avenue applicants to operate CMVs in interstate
objectives of 49 U.S.C. 31136 and 31315. SE., Washington, DC, between 9 a.m. commerce.
and 5 p.m. e.t., Monday through Friday, In reaching the decision to grant these
Issued on: May 17, 2017.
except Federal holidays.
sradovich on DSK3GMQ082PROD with NOTICES
exemption requests, FMCSA considered
Larry W. Minor, Privacy Act: In accordance with 5 the 2007 recommendations of the
Associate Administrator for Policy. U.S.C. 553(c), DOT solicits comments
[FR Doc. 2017–10560 Filed 5–22–17; 8:45 am] from the public to better inform its 1 See http://www.ecfr.gov/cgi-bin/text-idx?
rulemaking process. DOT posts these SID=e47b48a9ea42dd67d999246e23d97970&
BILLING CODE 4910–EX–P
mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_
comments, without edit, including any 171.a and https://www.gpo.gov/fdsys/pkg/CFR-2015
personal information the commenter -title49-vol5/pdf/CFR-2015-title49-vol5-part391-
provides, to http://www.regulations.gov, appA.pdf.
VerDate Sep<11>2014 21:15 May 22, 2017 Jkt 241001 PO 00000 Frm 00189 Fmt 4703 Sfmt 4703 E:\FR\FM\23MYN1.SGM 23MYN1](https://thefederalregister.org/doc/82_FR_23805/page/3.svg)
Document Created: 2017-05-23 02:14:50
Document Modified: 2017-05-23 02:14:50
| 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 May 5, 2017. The exemptions expire on May 5, 2019. | |
| 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 23707 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR