82 FR 26218 - 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		26218-26219
FR Document		2017-11652

FMCSA announces its decision to renew exemptions for four individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' The exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to continue to operate CMVs in interstate commerce.

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

[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26218-26219]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11652]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0107]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to renew exemptions for four 
individuals from the requirement in the Federal Motor Carrier Safety 
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) 
drivers have ``no established medical history or clinical diagnosis of 
epilepsy or any other condition which is likely to cause loss of 
consciousness or any loss of ability to control a CMV.'' The exemptions 
enable these individuals who have had one or more seizures and are 
taking anti-seizure medication to continue to operate CMVs in 
interstate commerce.

DATES: The exemptions were effective on November 6, 2015. The 
exemptions expire on November 6, 2017.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

II. Background

    On October 14, 2016, FMCSA published a notice announcing its 
decision to renew exemptions for four individuals from the Epilepsy and 
Seizure Disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV 
in interstate commerce and requested comments from the public (81 FR 
71164). 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 four 
individuals from the Epilepsy and Seizure Disorders prohibition in 49 
CFR 391.41(b)(8) to operate a CMV in interstate commerce and requested 
comments from the public (81 FR 71164). The public comment period ended 
on February 8, 2017, and one comment was 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 response to the October 14, 2016, 
notice. FMCSA received one comment in response to the January 9, 2017, 
notice. This commenter expressed concern for allowing individuals with 
epilepsy to drive even when taking anti-seizure medication. FMCSA 
evaluated the medical records of all four applicants

[[Page 26219]]

and determined that granting these exemptions would achieve an 
equivalent or greater level of safety than would be achieved without 
the exemption.

IV. Conclusion

    Based upon its evaluation of the four renewal exemption 
applications 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: Christopher Bird 
(OH); Edward Nissenbaum (PA); Stephen Stawinsky (PA); and George Webb 
(MA).
    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. 2017-11652 Filed 6-5-17; 8:45 am]
BILLING CODE 4910-EX-P

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

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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices 26219

and determined that granting these expire on the dates stated in the if that person has no established
exemptions would achieve an discussions below. medical history or clinical diagnosis of
equivalent or greater level of safety than FOR FURTHER INFORMATION CONTACT: Ms. diabetes mellitus currently requiring
would be achieved without the Christine A. Hydock, Chief, Medical insulin for control.
exemption. Programs Division, 202–366–4001, III. Discussion of Comments
IV. Conclusion fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 FMCSA received no comments in this
Based upon its evaluation of the four New Jersey Avenue SE., Room W64– preceding.
renewal exemption applications FMCSA 224, Washington, DC 20590–0001. IV. Conclusion
confirms its decision to exempt the Office hours are from 8 a.m. to 5:30
following drivers from the Epilepsy and p.m., e.t., Monday through Friday, Based upon its evaluation of the 130
Seizure Disorders requirement in 49 except Federal holidays. If you have renewal exemption applications and
CFR 391.41(b)(8), subject to the questions regarding viewing or that no comments were received,
requirements cited above: Christopher submitting material to the docket, FMCSA confirms its’ decision to exempt
Bird (OH); Edward Nissenbaum (PA); contact Docket Services, telephone (202) the following drivers from the rule
Stephen Stawinsky (PA); and George 366–9826. prohibiting drivers with ITDM from
Webb (MA). driving CMVs in interstate commerce in
SUPPLEMENTARY INFORMATION: 49 CFR 391.41(b)(3):
In accordance with 49 U.S.C. 31315,
each exemption will be valid for two I. Electronic Access As of January 9, 2017, and in
years from the effective date unless accordance with 49 U.S.C. 31136(e) and
You may see all the comments online 31315, the following 7 individuals have
revoked earlier by FMCSA. The through the Federal Document
exemption will be revoked if the satisfied the renewal conditions for
Management System (FDMS) at: http:// obtaining an exemption from the rule
following occurs: (1) The person fails to www.regulations.gov.
comply with the terms and conditions prohibiting drivers with ITDM from
Docket: For access to the docket to driving CMVs in interstate commerce
of the exemption; (2) the exemption has read background documents or
resulted in a lower level of safety than (77 FR 65931; 78 FR 1926):
comments, go to http//
was maintained prior to being granted; www.regulations.gov and/or Room Thomas L. Graber (PA)
or (3) continuation of the exemption W12–140 on the ground level of the Jeremiah S. Johnson (ND)
would not be consistent with the goals West Building, 1200 New Jersey Avenue Henry P. Musgrove, Jr. (WA)
and objectives of 49 U.S.C. 31136 and SE., Washington, DC, between 9 a.m. Henry W. Rutschow (OH)
31315. Michael L. Sabin (IL)
and 5 p.m., e.t., Monday through Friday,
Issued on: May 26, 2017. Patrick E. Snyder (NY)
except Federal holidays.
Odell Williams (NC)
Larry W. Minor, Privacy Act: In accordance with 5
Associate Administrator for Policy. U.S.C. 553(c), DOT solicits comments The drivers were included in docket
from the public to better inform its No. FMCSA–2012–0347. Their
[FR Doc. 2017–11652 Filed 6–5–17; 8:45 am]
rulemaking process. DOT posts these exemptions are effective as of January 9,
BILLING CODE 4910–EX–P
comments, without edit, including any 2017, and will expire on January 9,
personal information the commenter 2019.
provides, to http://www.regulations.gov, As of January 10, 2017, and in
DEPARTMENT OF TRANSPORTATION
as described in the system of records accordance with 49 U.S.C. 31136(e) and
Federal Motor Carrier Safety notice (DOT/ALL–14 FDMS), which can 31315, the following 9 individuals have
Administration be reviewed at http://www.dot.gov/ satisfied the renewal conditions for
privacy. obtaining an exemption from the rule
[Docket No. FMCSA–2010–0355; FMCSA– prohibiting drivers with ITDM from
2010–0386; FMCSA–2012–0347; FMCSA– II. Background driving CMVs in interstate commerce
2012–0348; FMCSA–2014–0310; FMCSA– (75 FR 69734; 76 FR 1495):
On December 29, 2016, FMCSA
2014–0311]
published a notice announcing its Jerry A. Barber (NY)
Qualification of Drivers; Exemption decision to renew exemptions for 130 Julie A. Brandvold (ND)
Applications; Diabetes individuals from the insulin-treated Terry D. Cunningham (OH)
diabetes mellitus prohibition in 49 CFR Dean A. Dalessandro (MA)
AGENCY: Federal Motor Carrier Safety 391.41(b)(3) to operate a CMV in Albert H. Feldt (MO)
Administration (FMCSA), DOT. interstate commerce and requested Christopher J. Grause (SD)
ACTION: Notice of final disposition. comments from the public (81 FR Shannon A. Griffin (MO)
96183). The public comment period Mathew M. Rollins (SC)
SUMMARY: FMCSA announces its ended on January 30, 2017, and no James H. Smith (DC)
decision to renew exemptions of 130 comments were received. The drivers were included in docket
individuals from its prohibition in the As stated in the previous notice, No. FMCSA–2010–0355. Their
Federal Motor Carrier Safety FMCSA has evaluated the eligibility of exemptions are effective as of January
Regulations (FMCSRs) against persons these applicants and determined that 10, 2017, and will expire on January 10,
with insulin-treated diabetes mellitus renewing these exemptions would 2019.
(ITDM) from operating commercial achieve a level of safety equivalent to or As of January 15, 2017, and in
mstockstill on DSK30JT082PROD with NOTICES

motor vehicles (CMVs) in interstate greater than the level that would be accordance with 49 U.S.C. 31136(e) and
commerce. The exemptions enable these achieved by complying with the current 31315, the following 40 individuals
individuals with ITDM to continue to regulation 49 CFR 391.41(b)(3). have satisfied the renewal conditions for
operate CMVs in interstate commerce. The physical qualification standard obtaining an exemption from the rule
DATES: Each group of renewed for drivers regarding diabetes found in prohibiting drivers with ITDM from
exemptions was effective on the dates 49 CFR 391.41(b)(3) states that a person driving CMVs in interstate commerce
stated in the discussions below and will is physically qualified to drive a CMV (79 FR 74159; 80 FR 8926):

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Document Created: 2017-06-06 06:21:29
Document Modified: 2017-06-06 06:21:29

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 November 6, 2015. The exemptions expire on November 6, 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 26218

82 FR 26218 - 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