82 FR 23710 - 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)

Page Range		23710-23712
FR Document		2017-10569

FMCSA announces its decision to renew exemptions of 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 continue to operate CMVs in interstate commerce.

Federal Register, Volume 82 Issue 98 (Tuesday, May 23, 2017)

[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Notices]
[Pages 23710-23712]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10569]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-24278; FMCSA-2006-25854; FMCSA-2008-0355; FMCSA-
2010-0203; FMCSA-2012-0050; FMCSA-2014-0378; FMCSA-2014-0379]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew exemptions of 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 continue to operate CMVs in 
interstate commerce.

DATES: Each group of renewed exemptions was effective on the dates 
stated in the discussions below and will expire on the dates stated in 
the discussions below. Comments must be received on or before June 22, 
2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2006-24278; FMCSA-2006-25854; 
FMCSA-2008-0355; FMCSA-2010-0203; FMCSA-2012-0050; FMCSA-2014-0378; 
FMCSA-2014-0379 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number(s) for this notice. Note that all comments received will 
be posted without change to http://

[[Page 23711]]

www.regulations.gov, including any personal information provided. 
Please see the Privacy Act heading below for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time 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. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments online.
    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.

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. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for two years if it finds ``such exemption would likely achieve a level 
of safety that is equivalent to or greater than the level that would be 
achieved absent such exemption.'' The statute also allows the Agency to 
renew exemptions at the end of the two-year period.
    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.]
    The 11 individuals listed in this notice have requested renewal of 
their exemptions from the Epilepsy and Seizure Disorders prohibition in 
49 CFR 391.41(b)(8), in accordance with FMCSA procedures. Accordingly, 
FMCSA has evaluated these applications for renewal on their merits and 
decided to extend each exemption for a renewable two-year period.

II. Request for Comments

    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315, FMCSA will take immediate steps to revoke the 
exemption of a driver.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application. In accordance with 49 U.S.C. 31136(e) and 31315, each of 
the 11 applicants has satisfied the conditions for obtaining an 
exemption from the Epilepsy and Seizure Disorder requirements and were 
published in the Federal Register (80 FR 16507; 80 FR 16497). In 
addition, for Commercial Driver's License (CDL) holders, the Commercial 
Driver's License information System (CDLIS) and the Motor Carrier 
Management Information System (MCMIS) are searched for crash and 
violation data. For non-CDL holders, the Agency reviews the driving 
records from the State Driver's Licensing Agency (SDLA). These factors 
provide an adequate basis for predicting each driver's ability to 
continue to safely operate a CMV in interstate commerce.
    The 11 drivers in this notice remain in good standing with the 
Agency, have maintained their medical monitoring and have not exhibited 
any medical issues that would compromise their ability to safely 
operate a CMV during the previous two-year exemption period. FMCSA has 
concluded that renewing the exemptions for each of these applicants is 
likely to achieve a level of safety equal to that existing without the 
exemption. Therefore, FMCSA has decided to renew each exemption for a 
two-year period. In accordance with 49 U.S.C. 31136(e) and 31315, each 
driver has received a renewed exemption.
    As of January 5, 2017, John Rinkema (IL) 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 (80 FR 17139). This driver was included in FMCSA-
2014-0378. The exemption was effective on January 5, 2017, and will 
expire on January 5, 2019.
    As of January 7, 2017, the following three individuals have 
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 (80 FR 55167): Dominick Rezza (TX); 
Edgar Snapp (IN); and Gregory Young (SC). These drivers were included 
in FMCSA-2014-0379. The exemptions were effective on January 7, 2017, 
and will expire on January 7, 2019.
    As of January 15, 2017, the following seven individuals have 
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 (80 FR 16507): Daniel Forth (NY); 
Steven Hunsaker (ID); Henrietta Ketcham (NY); Brian Porter (PA); Wayne 
Sorenson (MN); Michael Thomas (KS); and Paul Warren (ME). These drivers 
were included in FMCSA-2006-24278; FMCSA-2006-25854; FMCSA-2008-0355; 
FMCSA-2010-0203; FMCSA-2012-0050; FMCSA-2014-0378; FMCSA-2014-0379. The 
exemptions were effective on January 15, 2017, and will expire on 
January 15, 2019.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions: 
(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

[[Page 23712]]

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. The exemption 
will be rescinded if: (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 before it was granted; or (3) 
continuation of the exemption would not be consistent with the goals 
and objectives of 49 U.S.C. 31136(e) and 31315.

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 
renews the exemptions of the aforementioned drivers from the Epilepsy 
and Seizure Disorders requirement in 49 CFR 391.41(b)(8). In accordance 
with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two 
years unless revoked earlier by FMCSA.

    Issued on: May 17, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-10569 Filed 5-22-17; 8:45 am]
 BILLING CODE 4910-EX-P

23710 Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices

Agency’s Medical Expert Panel (MEP). maintain a stable treatment during the DEPARTMENT OF TRANSPORTATION
The January 15, 2013, Federal Register two-year exemption period; (2) each
notice (78 FR 3069) provides the current driver must submit annual reports from Federal Motor Carrier Safety
MEP recommendations which is the their treating physicians attesting to the Administration
criteria the Agency uses to grant seizure stability of treatment and that the driver [Docket No. FMCSA–2006–24278; FMCSA–
exemptions. has remained seizure-free; (3) each 2006–25854; FMCSA–2008–0355; FMCSA–
The Agency’s decision regarding these driver must undergo an annual medical 2010–0203; FMCSA–2012–0050; FMCSA–
exemption applications is based on an examination by a certified Medical 2014–0378; FMCSA–2014–0379]
individualized assessment of each
Examiner, as defined by 49 CFR 390.5;
applicant’s medical information, Qualification of Drivers; Exemption
and (4) each driver must provide a copy
including the root cause of the Applications; Epilepsy and Seizure
respective seizure(s) and medical of the annual medical certification to Disorders
information about the applicant’s the employer for retention in the
seizure history, the length of time that driver’s qualification file, or keep a copy AGENCY: Federal Motor Carrier Safety
has elapsed since the individual’s last of his/her driver’s qualification file if Administration (FMCSA), DOT.
seizure, the stability of each individual’s he/she is self-employed. The driver ACTION: Notice of renewal of
treatment regimen and the duration of must also have a copy of the exemption exemptions; request for comments.
time on or off of anti-seizure when driving, for presentation to a duly
SUMMARY: FMCSA announces its
medication. In addition, the Agency authorized Federal, State, or local
decision to renew exemptions of 11
reviewed the treating clinician’s enforcement official.
individuals from the requirement in the
medical opinion related to the ability of
V. Preemption Federal Motor Carrier Safety
the driver to safely operate a CMV with
Regulations (FMCSRs) that interstate
a history of seizure and each applicant’s During the period the exemption is in commercial motor vehicle (CMV)
driving record found in the Commercial effect, no State shall enforce any law or drivers have ‘‘no established medical
Driver’s License Information System regulation that conflicts with this history or clinical diagnosis of epilepsy
(CDLIS) for commercial driver’s license exemption with respect to a person or any other condition which is likely
(CDL) holders, and interstate and
operating under the exemption. to cause loss of consciousness or any
intrastate inspections recorded in the
loss of ability to control a CMV.’’ The
Motor Carrier Management Information VI. Conclusion exemptions enable these individuals
System (MCMIS). For non-CDL holders,
Based upon its evaluation of the six who have had one or more seizures and
the Agency reviewed the driving records
exemption applications, FMCSA are taking anti-seizure medication to
from the State Driver’s Licensing
exempts the following drivers from the continue to operate CMVs in interstate
Agency (SDLA).
epilepsy/seizure standard, 49 CFR commerce.
These six applicants have been
seizure-free over a range of 10 to 27 391.41(b)(8), subject to the requirements DATES: Each group of renewed
years while taking anti-seizure cited above: exemptions was effective on the dates
medication and maintained a stable stated in the discussions below and will
medication treatment regimen for the Ryan Babler (WI) expire on the dates stated in the
last two years. In each case, the Craig Lasecki (WI) discussions below. Comments must be
applicant’s treating physician verified received on or before June 22, 2017.
Larry Nicholson (NC)
his or her seizure history and supports ADDRESSES: You may submit comments
Ralph Parrish Jr. (PA) bearing the Federal Docket Management
the ability to drive commercially.
A summary of each applicant’s Wayne Woebkenberg (IN) System (FDMS) Docket No. FMCSA–
seizure history was discussed in the Daniel Zielinski (OR) 2006–24278; FMCSA–2006–25854;
December 29, 2016, Federal Register FMCSA–2008–0355; FMCSA–2010–
notice (81 FR 96193) and will not be In accordance with 49 U.S.C. 0203; FMCSA–2012–0050; FMCSA–
repeated in this notice. 31315(b)(1), each exemption is valid for 2014–0378; FMCSA–2014–0379 using
The Agency acknowledges the two years unless revoked earlier by any of the following methods:
potential consequences of a driver FMCSA. The exemption will be revoked • Federal eRulemaking Portal: Go to
experiencing a seizure while operating a if the following occurs: (1) The http://www.regulations.gov. Follow the
CMV. However, the Agency believes the individual fails to comply with the online instructions for submitting
drivers granted this exemption have terms and conditions of the exemption; comments.
demonstrated that they are unlikely to (2) the exemption has resulted in a • Mail: Docket Management Facility;
have a seizure and their medical lower level of safety than was U.S. Department of Transportation, 1200
condition does not pose a risk to public maintained prior to being granted; or (3) New Jersey Avenue SE., West Building
safety. continuation of the exemption would Ground Floor, Room W12–140,
Consequently, FMCSA finds that in not be consistent with the goals and Washington, DC 20590–0001.
each case exempting these applicants • Hand Delivery: West Building
objectives of 49 U.S.C. 31136 and 31315.
from the epilepsy/seizure standard in 49 Ground Floor, Room W12–140, 1200
CFR 391.41(b)(8) is likely to achieve a Issued on: May 17, 2017. New Jersey Avenue SE., Washington,
level of safety equal to that existing Larry W. Minor, DC, between 9 a.m. and 5 p.m., e.t.,
sradovich on DSK3GMQ082PROD with NOTICES

without the exemption. Associate Administrator for Policy. Monday through Friday, except Federal
[FR Doc. 2017–10557 Filed 5–22–17; 8:45 am] Holidays.
IV. Conditions and Requirements • Fax: 1–202–493–2251.
BILLING CODE 4910–EX–P
The terms and conditions of the Instructions: Each submission must
exemption are provided to the include the Agency name and the
applicants in the exemption document docket number(s) for this notice. Note
and includes the following: (1) Each that all comments received will be
driver must remain seizure-free and posted without change to http://

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Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices 23711

www.regulations.gov, including any In addition to the regulations, FMCSA period. FMCSA has concluded that
personal information provided. Please has published advisory criteria to assist renewing the exemptions for each of
see the Privacy Act heading below for Medical Examiners in determining these applicants is likely to achieve a
further information. whether drivers with certain medical level of safety equal to that existing
Docket: For access to the docket to conditions are qualified to operate a without the exemption. Therefore,
read background documents or CMV in interstate commerce. [49 CFR FMCSA has decided to renew each
comments, go to http:// part 391, APPENDIX A TO PART 391— exemption for a two-year period. In
www.regulations.gov at any time or MEDICAL ADVISORY CRITERIA, accordance with 49 U.S.C. 31136(e) and
Room W12–140 on the ground level of section H. Epilepsy: § 391.41(b)(8), 31315, each driver has received a
the West Building, 1200 New Jersey paragraphs 3, 4, and 5.] renewed exemption.
Avenue SE., Washington, DC, between 9 The 11 individuals listed in this As of January 5, 2017, John Rinkema
a.m. and 5 p.m., e.t., Monday through notice have requested renewal of their (IL) has satisfied the renewal conditions
Friday, except Federal holidays. The exemptions from the Epilepsy and for obtaining an exemption from the
FDMS is available 24 hours each day, Seizure Disorders prohibition in 49 CFR Epilepsy and Seizure Disorders
365 days each year. If you want 391.41(b)(8), in accordance with prohibition in 49 CFR 391.41(b)(8), from
acknowledgment that we received your FMCSA procedures. Accordingly, driving CMVs in interstate commerce
comments, please include a self- FMCSA has evaluated these (80 FR 17139). This driver was included
addressed, stamped envelope or applications for renewal on their merits in FMCSA–2014–0378. The exemption
postcard or print the acknowledgement and decided to extend each exemption was effective on January 5, 2017, and
page that appears after submitting for a renewable two-year period. will expire on January 5, 2019.
comments online. As of January 7, 2017, the following
II. Request for Comments three individuals have satisfied the
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments Interested parties or organizations renewal conditions for obtaining an
from the public to better inform its possessing information that would exemption from the Epilepsy and
rulemaking process. DOT posts these otherwise show that any, or all, of these Seizure Disorders prohibition in 49 CFR
comments, without edit, including any drivers are not currently achieving the 391.41(b)(8), from driving CMVs in
personal information the commenter statutory level of safety should interstate commerce (80 FR 55167):
provides, to http://www.regulations.gov, immediately notify FMCSA. The Dominick Rezza (TX); Edgar Snapp (IN);
as described in the system of records Agency will evaluate any adverse and Gregory Young (SC). These drivers
notice (DOT/ALL–14 FDMS), which can evidence submitted and, if safety is were included in FMCSA–2014–0379.
be reviewed at http://www.dot.gov/ being compromised or if continuation of The exemptions were effective on
privacy. the exemption would not be consistent January 7, 2017, and will expire on
with the goals and objectives of 49 January 7, 2019.
FOR FURTHER INFORMATION CONTACT: Ms. U.S.C. 31136(e) and 31315, FMCSA will As of January 15, 2017, the following
Christine A. Hydock, Chief, Medical take immediate steps to revoke the seven individuals have satisfied the
Programs Division, 202–366–4001, exemption of a driver. renewal conditions for obtaining an
fmcsamedical@dot.gov, FMCSA, exemption from the Epilepsy and
Department of Transportation, 1200 III. Basis for Renewing Exemptions
Seizure Disorders prohibition in 49 CFR
New Jersey Avenue SE., Room W64– Under 49 U.S.C. 31315(b)(1), an 391.41(b)(8), from driving CMVs in
224, Washington, DC 20590–0001. exemption may be granted for no longer interstate commerce (80 FR 16507):
Office hours are from 8:30 a.m. to 5 than two years from its approval date Daniel Forth (NY); Steven Hunsaker
p.m., e.t., Monday through Friday, and may be renewed upon application. (ID); Henrietta Ketcham (NY); Brian
except Federal holidays. If you have In accordance with 49 U.S.C. 31136(e) Porter (PA); Wayne Sorenson (MN);
questions regarding viewing or and 31315, each of the 11 applicants has Michael Thomas (KS); and Paul Warren
submitting material to the docket, satisfied the conditions for obtaining an (ME). These drivers were included in
contact Docket Services, telephone (202) exemption from the Epilepsy and FMCSA–2006–24278; FMCSA–2006–
366–9826. Seizure Disorder requirements and were 25854; FMCSA–2008–0355; FMCSA–
SUPPLEMENTARY INFORMATION: published in the Federal Register (80 2010–0203; FMCSA–2012–0050;
FR 16507; 80 FR 16497). In addition, for FMCSA–2014–0378; FMCSA–2014–
I. Background Commercial Driver’s License (CDL) 0379. The exemptions were effective on
Under 49 U.S.C. 31136(e) and 31315, holders, the Commercial Driver’s January 15, 2017, and will expire on
FMCSA may grant an exemption for two License information System (CDLIS) January 15, 2019.
years if it finds ‘‘such exemption would and the Motor Carrier Management
Information System (MCMIS) are IV. Conditions and Requirements
likely achieve a level of safety that is
equivalent to or greater than the level searched for crash and violation data. The exemptions are extended subject
that would be achieved absent such For non-CDL holders, the Agency to the following conditions: (1) Each
exemption.’’ The statute also allows the reviews the driving records from the driver must remain seizure-free and
Agency to renew exemptions at the end State Driver’s Licensing Agency (SDLA). maintain a stable treatment during the
of the two-year period. These factors provide an adequate basis two-year exemption period; (2) each
The physical qualification standard for predicting each driver’s ability to driver must submit annual reports from
for drivers regarding epilepsy found in continue to safely operate a CMV in their treating physicians attesting to the
stability of treatment and that the driver
sradovich on DSK3GMQ082PROD with NOTICES

49 CFR 391.41(b)(8) states that a person interstate commerce.
is physically qualified to drive a CMV The 11 drivers in this notice remain has remained seizure-free; (3) each
if that person: in good standing with the Agency, have driver must undergo an annual medical
Has no established medical history or
maintained their medical monitoring examination by a certified Medical
clinical diagnosis of epilepsy or any other and have not exhibited any medical Examiner, as defined by 49 CFR 390.5;
condition which is likely to cause the loss of issues that would compromise their and (4) each driver must provide a copy
consciousness or any loss of ability to control ability to safely operate a CMV during of the annual medical certification to
a CMV. the previous two-year exemption the employer for retention in the

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23712 Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices

driver’s qualification file, or keep a copy maintained without the exemptions for III. Vision and Driving Experience of
of his/her driver’s qualification file if these CMV drivers. the Applicants
he/she is self-employed. The driver DATES: The exemptions were granted The vision requirement in the
must also have a copy of the exemption April 11, 2017. The exemptions expire FMCSRs provides:
when driving, for presentation to a duly on April 11, 2019. A person is physically qualified to
authorized Federal, State, or local FOR FURTHER INFORMATION CONTACT: Ms. drive a commercial motor vehicle if that
enforcement official. The exemption Christine A. Hydock, Chief, Medical person has distant visual acuity of at
will be rescinded if: (1) The person fails Programs Division, (202) 366–4001, least 20/40 (Snellen) in each eye
to comply with the terms and fmcsamedical@dot.gov, FMCSA, without corrective lenses or visual
conditions of the exemption; (2) the Department of Transportation, 1200 acuity separately corrected to 20/40
exemption has resulted in a lower level New Jersey Avenue SE., Room W64– (Snellen) or better with corrective
of safety than was maintained before it 113, Washington, DC 20590–0001. lenses, distant binocular acuity of a least
was granted; or (3) continuation of the Office hours are 8:30 a.m. to 5 p.m., e.t., 20/40 (Snellen) in both eyes with or
exemption would not be consistent with Monday through Friday, except Federal without corrective lenses, field of vision
the goals and objectives of 49 U.S.C. holidays. If you have questions of at least 70° in the horizontal meridian
31136(e) and 31315. regarding viewing or submitting in each eye, and the ability to recognize
V. Preemption material to the docket, contact Docket the colors of traffic signals and devices
Services, telephone (202) 366–9826. showing red, green, and amber (49 CFR
During the period the exemption is in
SUPPLEMENTARY INFORMATION: 391.41(b)(10)).
effect, no State shall enforce any law or
regulation that conflicts with this I. Electronic Access FMCSA recognizes that some drivers
exemption with respect to a person do not meet the vision requirement but
You may see all the comments online have adapted their driving to
operating under the exemption. through the Federal Document accommodate their limitation and
VI. Conclusion Management System (FDMS) at http:// demonstrated their ability to drive
www.regulations.gov. safely. The 18 exemption applicants
Based upon its evaluation of the 11 Docket: For access to the docket to
exemption applications, FMCSA renews listed in this notice are in this category.
read background documents or They are unable to meet the vision
the exemptions of the aforementioned comments, go to http://
drivers from the Epilepsy and Seizure requirement in one eye for various
www.regulations.gov and/or Room reasons, including amblyopia, aphakia,
Disorders requirement in 49 CFR W12–140 on the ground level of the
391.41(b)(8). In accordance with 49 chorioretinal scar, corneal scar, dense
West Building, 1200 New Jersey Avenue
U.S.C. 31136(e) and 31315, each corneal scar, macular degeneration,
SE., Washington, DC, between 9 a.m.
exemption will be valid for two years macular scar, neovascular macular
and 5 p.m., e.t., Monday through Friday,
unless revoked earlier by FMCSA. degeneration, prosthetic eye, retinal
except Federal holidays.
Privacy Act: In accordance with 5 detachment, and retinal hamartoma. In
Issued on: May 17, 2017.
U.S.C. 553(c), DOT solicits comments most cases, their eye conditions were
Larry W. Minor,
from the public to better inform its not recently developed. Eleven of the
Associate Administrator for Policy. applicants were either born with their
[FR Doc. 2017–10569 Filed 5–22–17; 8:45 am] rulemaking process. DOT posts these
comments, without edit, including any vision impairments or have had them
BILLING CODE 4910–EX–P
personal information the commenter since childhood.
provides, to www.regulations.gov, as The 7 individuals that sustained their
described in the system of records vision conditions as adults have had it
DEPARTMENT OF TRANSPORTATION for a range of 3 to 24 years.
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy. Although each applicant has one eye
Federal Motor Carrier Safety
which does not meet the vision
Administration II. Background requirement in 49 CFR 391.41(b)(10),
[Docket No. FMCSA–2016–0213] On March 9, 2017, FMCSA published each has at least 20/40 corrected vision
a notice of receipt of exemption in the other eye, and in a doctor’s
Qualification of Drivers; Exemption opinion, has sufficient vision to perform
applications from certain individuals,
Applications; Vision all the tasks necessary to operate a CMV.
and requested comments from the
AGENCY: Federal Motor Carrier Safety public (82 FR 13187). That notice listed Doctors’ opinions are supported by the
Administration (FMCSA), DOT. 18 applicants’ case histories. The 18 applicants’ possession of valid
ACTION: Notice of final disposition. individuals applied for exemptions from commercial driver’s licenses (CDLs) or
the vision requirement in 49 CFR non-CDLs to operate CMVs. Before
SUMMARY: FMCSA announces its 391.41(b)(10), for drivers who operate issuing CDLs, States subject drivers to
decision to exempt 18 individuals from CMVs in interstate commerce. knowledge and skills tests designed to
the vision requirement in the Federal Under 49 U.S.C. 31136(e) and 31315, evaluate their qualifications to operate a
Motor Carrier Safety Regulations FMCSA may grant an exemption for a 2- CMV.
(FMCSRs). They are unable to meet the year period if it finds ‘‘such exemption All of these applicants satisfied the
vision requirement in one eye for would likely achieve a level of safety testing requirements for their State of
various reasons. The exemptions will that is equivalent to or greater than the residence. By meeting State licensing
enable these individuals to operate requirements, the applicants
sradovich on DSK3GMQ082PROD with NOTICES

level that would be achieved absent
commercial motor vehicles (CMVs) in such exemption.’’ The statute also demonstrated their ability to operate a
interstate commerce without meeting allows the Agency to renew exemptions CMV, with their limited vision, to the
the prescribed vision requirement in at the end of the 2-year period. satisfaction of the State.
one eye. The Agency has concluded that Accordingly, FMCSA has evaluated the While possessing a valid CDL or non-
granting these exemptions will provide 18 applications on their merits and CDL, these 18 drivers have been
a level of safety that is equivalent to or made a determination to grant authorized to drive a CMV in intrastate
greater than the level of safety exemptions to each of them. commerce, even though their vision

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Document Created: 2017-05-23 02:14:27
Document Modified: 2017-05-23 02:14:27

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 renewal of exemptions; request for comments.
Dates		Each group of renewed exemptions was effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before June 22, 2017.
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 23710

82 FR 23710 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 98 (May 23, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration