82 FR 26217 - 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		26217-26218
FR Document		2017-11651

FMCSA confirms its decision to renew exemptions for 10 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]
[Pages 26217-26218]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11651]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0109; FMCSA-2013-0444]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA confirms its decision to renew exemptions for 10 
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 20, 2016, FMCSA published a notice announcing its 
decision to renew exemptions for 10 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 
72663). The public comment period ended on November 21, 2016, and one 
comment was received on January 12, 2017, FMCSA published a second 
notice announcing its decision to renew exemptions for the same 10 
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 72663). The public comment period ended 
on February 13, 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: Sec.  391.41(b)(8), paragraphs 
3, 4, and 5.]

III. Discussion of Comments

    In response to the October 20, 2016, notice, FMCSA received one 
comment in support of Mr. Troff receiving an exemption. No comments 
were received in response to the January 12, 2017 notice.

[[Page 26218]]

IV. Conclusion

    Based upon its evaluation of the 10 renewal exemption applications 
and 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 June 9, 2016, David Crowe (VA), has satisfied the renewal 
conditions for obtaining an exemption from the Epilepsy and Seizure 
Disorders prohibition in 49 CFR 391.41(b)(8), from driving CMVs in 
interstate commerce (81 FR 72663). This driver was included in FMCSA-
2013-0109. This exemption was effective on June 9, 2016, and will 
expire on June 9, 2018.
    As of June 24, 2016, the following 9 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 72663):

Travis Arend (VA)
Heath Crowe (LA)
Richard Degnan (AZ)
Peter DellaRocco (PA)
Domenick Panfie (NJ)
Scott Reaves (TX)
Milton Tatham (NV)
Thomas Tincher (VA)
Duane Troff (MN)

    These drivers were included in FMCSA-2013-0444. These exemptions 
were effective June 24, 2016, and will expire June 24, 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. 2017-11651 Filed 6-5-17; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices 26217

Issued on: May 26, 2017. DEPARTMENT OF TRANSPORTATION rulemaking process. DOT posts these
Larry W. Minor, comments, without edit, including any
Associate Administrator for Policy. Federal Motor Carrier Safety personal information the commenter
[FR Doc. 2017–11640 Filed 6–5–17; 8:45 am] Administration provides, to http://www.regulations.gov,
BILLING CODE 4910–EX–P
as described in the system of records
[Docket No. FMCSA–2013–0109; FMCSA–
2013–0444] notice (DOT/ALL–14 FDMS), which can
be reviewed at http://www.dot.gov/
DEPARTMENT OF TRANSPORTATION Qualification of Drivers; Exemption privacy.
Applications; Epilepsy and Seizure II. Background
Federal Motor Carrier Safety Disorders
Administration On October 20, 2016, FMCSA
AGENCY: Federal Motor Carrier Safety published a notice announcing its
[Docket No. FMCSA–2007–28043] Administration (FMCSA), DOT. decision to renew exemptions for 10
Hours of Service (HOS) of Drivers; ACTION: Notice of final disposition. individuals from the Epilepsy and
American Pyrotechnics Assoc. (APA) Seizure Disorders prohibition in 49 CFR
SUMMARY: FMCSA confirms its decision 391.41(b)(8) to operate a CMV in
Application for Exemption From the to renew exemptions for 10 individuals
14-Hour Rule; Request To Add New interstate commerce and requested
from the requirement in the Federal comments from the public (81 FR
Member to Current APA Exemption; Motor Carrier Safety Regulations
Correction 72663). The public comment period
(FMCSRs) that interstate commercial ended on November 21, 2016, and one
AGENCY: Federal Motor Carrier Safety motor vehicle (CMV) drivers have ‘‘no comment was received on January 12,
Administration (FMCSA), DOT. established medical history or clinical 2017, FMCSA published a second notice
ACTION: Notice of application for an diagnosis of epilepsy or any other announcing its decision to renew
extension of exemption; request for condition which is likely to cause loss exemptions for the same 10 individuals
comments; correction. of consciousness or any loss of ability to from the Epilepsy and Seizure Disorders
control a CMV.’’ The exemptions enable prohibition in 49 CFR 391.41(b)(8) to
SUMMARY: The FMCSA published a these individuals who have had one or operate a CMV in interstate commerce
document in the Federal Register of more seizures and are taking anti- and requested comments from the
May 15, 2017 (82 FR 22375), concerning seizure medication to continue to public (81 FR 72663). The public
a request for comments on the American operate CMVs in interstate commerce. comment period ended on February 13,
Pyrotechnics Association’s request for a DATES: Each group of renewed 2017, and no comments were received.
member company, Pyro Shows of exemptions was effective on the dates As stated in the previous notice,
Alabama, Incorporated, to be included stated in the discussions below and will FMCSA has evaluated the eligibility of
in an existing exemption. The document expire on the dates stated in the these applicants and determined that
referenced June 14, 2017, in the DATES discussions below. renewing these exemptions would
section but did not specify the FOR FURTHER INFORMATION CONTACT: Ms. achieve a level of safety equivalent to or
significance of that date, which should Christine A. Hydock, Chief, Medical greater than the level that would be
have been the end of the comment Programs Division, (202) 366–4001, achieved by complying with the current
period. fmcsamedical@dot.gov, FMCSA, regulation 49 CFR 391.41(b)(8).
DATES: Comments must be received on Department of Transportation, 1200
The physical qualification standard
or before June 14, 2017. New Jersey Avenue SE., Room W64–
for drivers regarding epilepsy found in
FOR FURTHER INFORMATION CONTACT: For 224, Washington, DC 20590–0001.
49 CFR 391.41(b)(8) states that a person
information concerning this notice, Office hours are from 8:30 a.m. to 5
is physically qualified to drive a CMV
contact Mr. Thomas Yager, Chief, p.m., e.t., Monday through Friday,
if that person:
FMCSA Driver and Carrier Operations except Federal holidays. If you have
questions regarding viewing or Has no established medical history or clinical
Division; Office of Carrier, Driver and diagnosis of epilepsy or any other condition
Vehicle Safety Standards; Telephone: submitting material to the docket,
which is likely to cause the loss of
(614) 942–6477. Email: MCPSD@ contact Docket Services, telephone (202)
consciousness or any loss of ability to control
dot.gov. If you have questions on 366–9826. a CMV.
viewing or submitting material to the SUPPLEMENTARY INFORMATION:
docket, contact Docket Services, In addition to the regulations, FMCSA
I. Electronic Access has published advisory criteria to assist
telephone (202) 366–9826.
You may see all the comments online Medical Examiners in determining
SUPPLEMENTARY INFORMATION:
through the Federal Document whether drivers with certain medical
Correction Management System (FDMS) at: http:// conditions are qualified to operate a
1. In the Federal Register of May 15, www.regulations.gov. CMV in interstate commerce. [49 CFR
2017 (82 FR 22375), in FR Doc. 2017– Docket: For access to the docket to part 391, APPENDIX A TO PART 391—
09735, on page 22376, in the first read background documents or MEDICAL ADVISORY CRITERIA,
column, correct the DATES paragraph to comments, go to http:// section H. Epilepsy: § 391.41(b)(8),
read: www.regulations.gov and/or Room paragraphs 3, 4, and 5.]
W12–140 on the ground level of the
mstockstill on DSK30JT082PROD with NOTICES

DATES: Comments must be received III. Discussion of Comments
on or before June 14, 2017. West Building, 1200 New Jersey Avenue
SE., Washington, DC, between 9 a.m. In response to the October 20, 2016,
Issued on: May 30, 2017. and 5 p.m., e.t., Monday through Friday, notice, FMCSA received one comment
Larry W. Minor, except Federal holidays. in support of Mr. Troff receiving an
Associate Administrator for Policy. Privacy Act: In accordance with 5 exemption. No comments were received
[FR Doc. 2017–11650 Filed 6–5–17; 8:45 am] U.S.C. 553(c), DOT solicits comments in response to the January 12, 2017
BILLING CODE 4910–EX–P from the public to better inform its notice.

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26218 Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices

IV. Conclusion DEPARTMENT OF TRANSPORTATION personal information the commenter
provides, to http://www.regulations.gov,
Based upon its evaluation of the 10 Federal Motor Carrier Safety as described in the system of records
renewal exemption applications and Administration notice (DOT/ALL–14 FDMS), which can
comments received, FMCSA confirms be reviewed at http://www.dot.gov/
[Docket No. FMCSA–2013–0107]
its’ decision to exempt the following privacy.
drivers from the Epilepsy and Seizure Qualification of Drivers; Exemption II. Background
Disorders requirement in 49 CFR 391.41 Applications; Epilepsy and Seizure
(b)(8), subject to the requirements cited Disorders On October 14, 2016, FMCSA
above. published a notice announcing its
AGENCY: Federal Motor Carrier Safety decision to renew exemptions for four
As of June 9, 2016, David Crowe (VA), Administration (FMCSA), DOT. individuals from the Epilepsy and
has satisfied the renewal conditions for Seizure Disorders prohibition in 49 CFR
ACTION: Notice of final disposition.
obtaining an exemption from the 391.41(b)(8) to operate a CMV in
Epilepsy and Seizure Disorders SUMMARY: FMCSA announces its interstate commerce and requested
prohibition in 49 CFR 391.41(b)(8), from decision to renew exemptions for four comments from the public (81 FR
driving CMVs in interstate commerce individuals from the requirement in the 71164). The public comment period
(81 FR 72663). This driver was included Federal Motor Carrier Safety ended on November 14, 2016, and no
in FMCSA–2013–0109. This exemption Regulations (FMCSRs) that interstate comments were received on January 9,
was effective on June 9, 2016, and will commercial motor vehicle (CMV) 2017, FMCSA published a second notice
expire on June 9, 2018. drivers have ‘‘no established medical announcing its decision to renew
As of June 24, 2016, the following 9 history or clinical diagnosis of epilepsy exemptions for the same four
individuals have satisfied the renewal or any other condition which is likely individuals from the Epilepsy and
to cause loss of consciousness or any Seizure Disorders prohibition in 49 CFR
conditions for obtaining an exemption
loss of ability to control a CMV.’’ The 391.41(b)(8) to operate a CMV in
from the Epilepsy and Seizure Disorders
exemptions enable these individuals interstate commerce and requested
prohibition in 49 CFR 391.41(b)(8) from comments from the public (81 FR
who have had one or more seizures and
driving CMVs in interstate commerce 71164). The public comment period
are taking anti-seizure medication to
(81 FR 72663): continue to operate CMVs in interstate ended on February 8, 2017, and one
Travis Arend (VA) commerce. comment was received.
DATES: The exemptions were effective
As stated in the previous notice,
Heath Crowe (LA) FMCSA has evaluated the eligibility of
on November 6, 2015. The exemptions
Richard Degnan (AZ) these applicants and determined that
expire on November 6, 2017.
Peter DellaRocco (PA) renewing these exemptions would
FOR FURTHER INFORMATION CONTACT: Ms. achieve a level of safety equivalent to or
Domenick Panfie (NJ) Christine A. Hydock, Chief, Medical greater than the level that would be
Scott Reaves (TX) Programs Division, (202) 366–4001, achieved by complying with the current
fmcsamedical@dot.gov, FMCSA, regulation 49 CFR 391.41(b)(8).
Milton Tatham (NV) Department of Transportation, 1200 The physical qualification standard
Thomas Tincher (VA) New Jersey Avenue SE., Room W64– for drivers regarding epilepsy found in
Duane Troff (MN) 224, Washington, DC 20590–0001. 49 CFR 391.41(b)(8) states that a person
Office hours are from 8:30 a.m. to 5 is physically qualified to drive a CMV
These drivers were included in p.m., e.t., Monday through Friday, if that person:
FMCSA–2013–0444. These exemptions except Federal holidays. If you have
were effective June 24, 2016, and will Has no established medical history or
questions regarding viewing or clinical diagnosis of epilepsy or any other
expire June 24, 2018. submitting material to the docket, condition which is likely to cause the loss of
In accordance with 49 U.S.C. 31315, contact Docket Services, telephone (202) consciousness or any loss of ability to control
each exemption will be valid for two 366–9826. a CMV.
years from the effective date unless SUPPLEMENTARY INFORMATION: In addition to the regulations, FMCSA
revoked earlier by FMCSA. The I. Electronic Access has published advisory criteria to assist
exemption will be revoked if the Medical Examiners in determining
following occurs: (1) The person fails to You may see all the comments online whether drivers with certain medical
comply with the terms and conditions through the Federal Document conditions are qualified to operate a
of the exemption; (2) the exemption has Management System (FDMS) at: http:// CMV in interstate commerce. [49 CFR
resulted in a lower level of safety than www.regulations.gov. part 391, APPENDIX A TO PART 391—
Docket: For access to the docket to MEDICAL ADVISORY CRITERIA,
was maintained prior to being granted;
read background documents or section H. Epilepsy: section
or (3) continuation of the exemption
comments, go to http:// 391.41(b)(8), paragraphs 3, 4, and 5.]
would not be consistent with the goals
www.regulations.gov and/or Room
and objectives of 49 U.S.C. 31136 and W12–140 on the ground level of the III. Discussion of Comments
31315. West Building, 1200 New Jersey Avenue FMCSA received no comments in
Issued on: May 26, 2017. SE., Washington, DC, between 9 a.m. response to the October 14, 2016, notice.
mstockstill on DSK30JT082PROD with NOTICES

Larry W. Minor, and 5 p.m. e.t., Monday through Friday, FMCSA received one comment in
Associate Administrator for Policy. except Federal holidays. response to the January 9, 2017, notice.
[FR Doc. 2017–11651 Filed 6–5–17; 8:45 am]
Privacy Act: In accordance with 5 This commenter expressed concern for
U.S.C. 553(c), DOT solicits comments allowing individuals with epilepsy to
BILLING CODE 4910–EX–P
from the public to better inform its drive even when taking anti-seizure
rulemaking process. DOT posts these medication. FMCSA evaluated the
comments, without edit, including any medical records of all four applicants

VerDate Sep<11>2014 20:52 Jun 05, 2017 Jkt 241001 PO 00000 Frm 00177 Fmt 4703 Sfmt 4703 E:\FR\FM\06JNN1.SGM 06JNN1

Document Created: 2017-06-06 06:21:43
Document Modified: 2017-06-06 06:21:43

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 26217

82 FR 26217 - 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