82 FR 26210 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 107 (June 6, 2017)

Page Range		26210-26210
FR Document		2017-11649

FMCSA announces its decision to renew exemptions for 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 107 (Tuesday, June 6, 2017)

[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Page 26210]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11649]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0389; FMCSA-2012-0294; FMCSA-2013-0109; FMCSA-
2013-0442]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 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.

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 11 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 
71181). The public comment period ended on November 14, 2016, and no 
comments were received on January 9, 2017, FMCSA published a second 
notice announcing its decision to renew exemptions for the same 11 
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 71181). The public comment period ended 
on February 8, 2017, 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: Section 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 11 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 April 8, 2016, the following four 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 (81 FR 71181): Jeffrey Ballweg (WI); Michael 
Ranalli (PA); Lonnie Reicker (IL); and Jay Whitehead (NY). These 
drivers were included in FMCSA-2011-0389; and FMCSA-2012-0294; FMCSA-
2013-0109. The exemptions were effective on April 8, 2016, and will 
expire on April 8, 2018.
    As of April 23, 2016, 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 (81 FR 71181):

Charles Blood (NY)
Raymond Lobo (NJ)
Randy Pinto (PA)
Brent Robinson (NC)
Douglas Teigland (MN)
Joseph Thomas (MD)
James Spece (PA)

    These drivers were included in FMCSA-2013-0442. The exemptions were 
effective on April 23, 2016, and will expire on April 23, 2018.
    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: May 26, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-11649 Filed 6-5-17; 8:45 am]
 BILLING CODE 4910-EX-P

26210 Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices

will be considered by the FAA to the Docket: For access to the docket to MEDICAL ADVISORY CRITERIA,
extent practicable. read background documents or section H. Epilepsy: Section
Issued in Jamaica, New York. comments, go to http:// 391.41(b)(8), paragraphs 3, 4, and 5.]
Sukhbir Gill,
www.regulations.gov and/or Room
III. Discussion of Comments
W12–140 on the ground level of the
Acting Manager, New York Airports District FMCSA received no comments in this
Office.
West Building, 1200 New Jersey Avenue
SE., Washington, DC, between 9 a.m. preceding.
[FR Doc. 2017–11585 Filed 6–5–17; 8:45 am]
and 5 p.m., e.t., Monday through Friday, IV. Conclusion
BILLING CODE 4910–13–P
except Federal holidays.
Privacy Act: In accordance with 5 Based upon its evaluation of the 11
U.S.C. 553(c), DOT solicits comments renewal exemption applications and no
DEPARTMENT OF TRANSPORTATION comments received, FMCSA confirms
from the public to better inform its
rulemaking process. DOT posts these its’ decision to exempt the following
Federal Motor Carrier Safety drivers from the Epilepsy and Seizure
Administration comments, without edit, including any
personal information the commenter Disorders requirement in 49 CFR 391.41
[Docket No. FMCSA–2011–0389; FMCSA– provides, to http://www.regulations.gov, (b)(8), subject to the requirements cited
2012–0294; FMCSA–2013–0109; FMCSA– above.
as described in the system of records
2013–0442] As of April 8, 2016, the following four
notice (DOT/ALL–14 FDMS), which can
be reviewed at http://www.dot.gov/ individuals have satisfied the renewal
Qualification of Drivers; Exemption conditions for obtaining an exemption
Applications; Epilepsy and Seizure privacy.
from the Epilepsy and Seizure Disorders
Disorders II. Background prohibition in 49 CFR 391.41(b)(8), from
AGENCY: Federal Motor Carrier Safety On October 14, 2016, FMCSA driving CMVs in interstate commerce
Administration (FMCSA), DOT. published a notice announcing its (81 FR 71181): Jeffrey Ballweg (WI);
ACTION: Notice of final disposition. decision to renew exemptions for 11 Michael Ranalli (PA); Lonnie Reicker
individuals from the Epilepsy and (IL); and Jay Whitehead (NY). These
SUMMARY: FMCSA announces its Seizure Disorders prohibition in 49 CFR drivers were included in FMCSA–2011–
decision to renew exemptions for 11 391.41(b)(8) to operate a CMV in 0389; and FMCSA–2012–0294; FMCSA–
individuals from the requirement in the interstate commerce and requested 2013–0109. The exemptions were
Federal Motor Carrier Safety comments from the public (81 FR effective on April 8, 2016, and will
Regulations (FMCSRs) that interstate 71181). The public comment period expire on April 8, 2018.
commercial motor vehicle (CMV) ended on November 14, 2016, and no As of April 23, 2016, the following
drivers have ‘‘no established medical comments were received on January 9, seven individuals have satisfied the
history or clinical diagnosis of epilepsy 2017, FMCSA published a second notice renewal conditions for obtaining an
or any other condition which is likely announcing its decision to renew exemption from the Epilepsy and
to cause loss of consciousness or any exemptions for the same 11 individuals Seizure Disorders prohibition in 49 CFR
loss of ability to control a CMV.’’ The from the Epilepsy and Seizure Disorders 391.41(b)(8), from driving CMVs in
exemptions enable these individuals prohibition in 49 CFR 391.41(b)(8) to interstate commerce (81 FR 71181):
who have had one or more seizures and operate a CMV in interstate commerce Charles Blood (NY)
are taking anti-seizure medication to and requested comments from the Raymond Lobo (NJ)
continue to operate CMVs in interstate public (81 FR 71181). The public Randy Pinto (PA)
commerce. comment period ended on February 8, Brent Robinson (NC)
DATES: Each group of renewed 2017, and no comments were received. Douglas Teigland (MN)
As stated in the previous notice, Joseph Thomas (MD)
exemptions was effective on the dates
James Spece (PA)
stated in the discussions below and will FMCSA has evaluated the eligibility of
expire on the dates stated in the these applicants and determined that These drivers were included in
discussions below. renewing these exemptions would FMCSA–2013–0442. The exemptions
achieve a level of safety equivalent to or were effective on April 23, 2016, and
FOR FURTHER INFORMATION CONTACT: Ms.
greater than the level that would be will expire on April 23, 2018.
Christine A. Hydock, Chief, Medical In accordance with 49 U.S.C. 31315,
Programs Division, (202) 366–4001, achieved by complying with the current
regulation 49 CFR 391.41(b)(8). each exemption will be valid for two
fmcsamedical@dot.gov, FMCSA, years from the effective date unless
Department of Transportation, 1200 The physical qualification standard
for drivers regarding epilepsy found in revoked earlier by FMCSA. The
New Jersey Avenue SE., Room W64– exemption will be revoked if the
224, Washington, DC 20590–0001. 49 CFR 391.41(b)(8) states that a person
is physically qualified to drive a CMV following occurs: (1) The person fails to
Office hours are from 8:30 a.m. to 5 comply with the terms and conditions
p.m., e.t., Monday through Friday, if that person:
of the exemption; (2) the exemption has
except Federal holidays. If you have Has no established medical history or clinical resulted in a lower level of safety than
questions regarding viewing or diagnosis of epilepsy or any other condition was maintained prior to being granted;
submitting material to the docket, which is likely to cause the loss of
consciousness or any loss of ability to control
or (3) continuation of the exemption
contact Docket Services, telephone (202) would not be consistent with the goals
366–9826. a CMV.
mstockstill on DSK30JT082PROD with NOTICES

and objectives of 49 U.S.C. 31136 and
SUPPLEMENTARY INFORMATION: In addition to the regulations, FMCSA 31315.
has published advisory criteria to assist
I. Electronic Access Medical Examiners in determining Issued on: May 26, 2017.
You may see all the comments online whether drivers with certain medical Larry W. Minor,
through the Federal Document conditions are qualified to operate a Associate Administrator for Policy.
Management System (FDMS) at: http:// CMV in interstate commerce. [49 CFR [FR Doc. 2017–11649 Filed 6–5–17; 8:45 am]
www.regulations.gov. part 391, APPENDIX A TO PART 391— BILLING CODE 4910–EX–P

VerDate Sep<11>2014 20:52 Jun 05, 2017 Jkt 241001 PO 00000 Frm 00169 Fmt 4703 Sfmt 9990 E:\FR\FM\06JNN1.SGM 06JNN1

Document Created: 2017-06-06 06:21:03
Document Modified: 2017-06-06 06:21:03

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 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.
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 26210

82 FR 26210 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 107 (June 6, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration