82_FR_29748 82 FR 29624 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

82 FR 29624 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 124 (June 29, 2017)

Page Range29624-29626
FR Document2017-13618

FMCSA announces receipt of applications from seven individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to control a commercial motor vehicle (CMV) to drive in interstate commerce. If granted, the exemptions would enable these individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs in interstate commerce.

Federal Register, Volume 82 Issue 124 (Thursday, June 29, 2017)
[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Notices]
[Pages 29624-29626]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13618]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0178]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of applications for exemption; request for comments.

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

SUMMARY: FMCSA announces receipt of applications from seven individuals 
for an exemption from the prohibition in the Federal Motor Carrier 
Safety Regulations (FMCSRs) against persons with a clinical diagnosis 
of epilepsy or any other condition that is likely to cause a loss of 
consciousness or any loss of ability to control a commercial motor 
vehicle (CMV) to drive in interstate commerce. If granted, the 
exemptions would enable these individuals who have had one or more 
seizures and are taking anti-seizure medication to operate CMVs in 
interstate commerce.

DATES: Comments must be received on or before July 31, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2017-0178 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

[[Page 29625]]

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://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 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, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are 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 
from the FMCSRs for a two-year period 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 nine individuals listed in this notice have requested an 
exemption from the epilepsy prohibition in 49 CFR 391.41(b)(8). 
Accordingly, the Agency will evaluate the qualifications of each 
applicant to determine whether granting the exemption will achieve the 
required level of safety mandated by statute.
    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.
---------------------------------------------------------------------------

    The advisory criteria state the following:
    If an individual has had a sudden episode of a non-epileptic 
seizure or loss of consciousness of unknown cause that did not require 
anti-seizure medication, the decision whether that person's condition 
is likely to cause the loss of consciousness or loss of ability to 
control a CMV should be made on an individual basis by the Medical 
Examiner in consultation with the treating physician. Prior to 
considering certification, it is suggested there be a six-month waiting 
period from the time of the episode. Following the waiting period, it 
is suggested that the individual undergo a complete neurological 
examination. If the results of the examination are negative and anti-
seizure medication is not required, the driver may be qualified.
    In those individual cases where a driver had a seizure or an 
episode of loss of consciousness that resulted from a known medical 
condition (e.g., drug reaction, high temperature, acute infectious 
disease, dehydration, or acute metabolic disturbance), certification 
should be deferred until the driver has recovered fully from that 
condition, has no existing residual complications, and is not taking 
anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure 
medication and seizure-free for 10 years, may be qualified to operate a 
CMV in interstate commerce. Interstate drivers who have had a single 
unprovoked seizure may be qualified to drive a CMV in interstate 
commerce if seizure-free and off anti-seizure medication for five years 
or more.
    As a result of Medical Examiners misinterpreting advisory criteria 
as regulation, numerous drivers have been prohibited from operating a 
CMV in interstate commerce based on the fact that they have had one or 
more seizures and are taking anti-seizure medication, rather than an 
individual analysis of their circumstances by a qualified Medical 
Examiner based on the physical qualification standards and medical best 
practices.
    On January 15, 2013, in a Notice of Final Disposition entitled, 
``Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders,'' (78 FR 3069), FMCSA announced its decision to 
grant requests from 22 individuals for exemptions from the regulatory 
requirement that interstate 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.'' Since the January 15, 2013 notice, the Agency has 
published additional notices granting requests from individuals for 
exemptions from the regulatory requirement regarding epilepsy found in 
49 CFR 391.41(b)(8).
    To be considered for an exemption from the epilepsy prohibition in 
49 CFR 391.41(b)(8), applicants must meet the criteria in the 2007 
recommendations of the Agency's Medical Expert Panel (MEP) (78 FR 
3069).

II. Qualifications of Applicants

Richard A. Bailey

    Mr. Bailey is a 67 year-old class A CDL holder in Iowa. He has a 
history of a seizure disorder and his last seizure was 2009. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since that time. His physician states that he is supportive of Mr. 
Bailey receiving an exemption.

Roosevelt J. Chambers

    Mr. Chambers is a 71 year-old driver in Washington. He has a 
history of epilepsy and his last seizure was in 2007. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since 2006. His

[[Page 29626]]

physician states that he is supportive of Mr. Chambers receiving an 
exemption.

Donnie D. Kuck

    Mr. Kuck is a 61 year-old driver in Montana. He has a history of a 
seizure disorder and his last seizure was in 1986. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since that time. His physician states that he is supportive of Mr. Kuck 
receiving an exemption.

Mario A. Palomares

    Mr. Palomares is a 46 year-old driver in Texas. He has a history of 
a seizure disorder and his last seizure was in 1985. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since that time. His physician states that he is supportive of Mr. 
Palomares receiving an exemption.

Mark A. Parish

    Mr. Parish is a 56 year-old driver in Georgia. He has a history of 
a seizure disorder and his last seizure was in 2008. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since 2014. His physician states that he is supportive of Mr. Parish 
receiving an exemption.

Rickie M. Rineer

    Mr. Rineer is a 64 year-old driver in Pennsylvania. He has a 
history of a seizure disorder and his last seizure was in 1981. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since that time. His physician states that he is supportive of 
Mr. Rineer receiving an exemption.

Timothy Wolsieffer

    Mr. Wolsieffer is a 61 year-old driver in Pennsylvania. He has a 
history of a seizure disorder and his last seizure was in 1998. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since that time. His physician states that he is supportive of 
Mr. Wolsieffer receiving an exemption.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments received before 
the close of business on the closing date indicated in the dates 
section of the notice.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket number ``FMCSA-2017-0178'' and 
click the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right and side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. If you submit your comments by mail or 
hand delivery, submit them in an unbound format, no larger than 8\1/2\ 
by 11 inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the facility, 
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and materials received during the 
comment period. FMCSA may issue a final determination any time after 
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2017-0178 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: June 21, 2017.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-13618 Filed 6-28-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                29624                         Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices

                                                the online instructions for sending your                McDonnell Douglas Model MD–11F                         With the approval of the chairman,
                                                comments electronically.                                airplanes.                                             members of the public may present oral
                                                  • Mail: Send comments to Docket                       [FR Doc. 2017–13596 Filed 6–28–17; 8:45 am]            statements at the meeting. Persons
                                                Operations, M–30; U.S. Department of                    BILLING CODE 4910–13–P                                 wishing to present statements or obtain
                                                Transportation (DOT), 1200 New Jersey                                                                          information should contact the person
                                                Avenue SE., Room W12–140, West                                                                                 listed in the FOR FURTHER INFORMATION
                                                Building Ground Floor, Washington, DC                   DEPARTMENT OF TRANSPORTATION                           CONTACT section. Members of the public
                                                20590–0001.                                                                                                    may present a written statement to the
                                                                                                        Federal Aviation Administration
                                                  • Hand Delivery or Courier: Take                                                                             committee at any time.
                                                comments to Docket Operations in                        Ninth RTCA SC–235 Non Rechargeable                       Issued in Washington, DC, on June 26,
                                                Room W12–140 of the West Building                       Lithium Batteries Plenary                              2017.
                                                Ground Floor at 1200 New Jersey                                                                                Mohannad Dawoud,
                                                Avenue SE., Washington, DC, between 9                   AGENCY: Federal Aviation                               Management and Program Analyst,
                                                a.m. and 5 p.m., Monday through                         Administration (FAA), Department of                    Partnership Contracts Branch, ANG–A17,
                                                Friday, except Federal holidays.                        Transportation (DOT).                                  NextGen, Procurement Services Division,
                                                  • Fax: Fax comments to Docket                         ACTION: Ninth RTCA SC–235 Non                          Federal Aviation Administration.
                                                Operations at 202–493–2251.                             Rechargeable Lithium Batteries Plenary.                [FR Doc. 2017–13606 Filed 6–28–17; 8:45 am]
                                                  Privacy: In accordance with 5 U.S.C.                                                                         BILLING CODE 4910–13–P
                                                553(c), DOT solicits comments from the                  SUMMARY:   The FAA is issuing this notice
                                                public to better inform its rulemaking                  to advise the public of a meeting of
                                                process. DOT posts these comments,                      Ninth RTCA SC–235 Non Rechargeable                     DEPARTMENT OF TRANSPORTATION
                                                without edit, including any personal                    Lithium Batteries Plenary.
                                                information the commenter provides, to                  DATES: The meeting will be held July 13,               Federal Motor Carrier Safety
                                                http://www.regulations.gov, as                          2017, 12:00 p.m.–1:00 p.m.                             Administration
                                                described in the system of records                      ADDRESSES: The meeting will be held                    [Docket No. FMCSA–2017–0178]
                                                notice (DOT/ALL–14 FDMS), which can                     virtually at: https://rtca.webex.com/
                                                be reviewed at http://www.dot.gov/                      rtca/j.php?MTID=m9ab27f37950b7                         Qualification of Drivers; Exemption
                                                privacy.                                                c41fb2cc743ef8b5891, Join by phone, 1–                 Applications; Epilepsy and Seizure
                                                  Docket: Background documents or                       877–668–4493, Call-in toll-free number                 Disorders
                                                comments received may be read at                        (US/Canada), 1–650–479–3208, Call-in
                                                http://www.regulations.gov at any time.                 toll number (US/Canada), Access code:                  AGENCY: Federal Motor Carrier Safety
                                                Follow the online instructions for                      638 570 306, Meeting Password:                         Administration (FMCSA), DOT.
                                                accessing the docket or go to the Docket                tP6B8u5E.                                              ACTION: Notice of applications for
                                                Operations in Room W12–140 of the                                                                              exemption; request for comments.
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                West Building Ground Floor at 1200                      Karan Hofmann at khofmann@rtca.org                     SUMMARY:    FMCSA announces receipt of
                                                New Jersey Avenue SE., Washington,                      or 202–330–0680, or The RTCA                           applications from seven individuals for
                                                DC, between 9 a.m. and 5 p.m., Monday                   Secretariat, 1150 18th Street NW., Suite               an exemption from the prohibition in
                                                through Friday, except Federal holidays.                910, Washington, DC 20036, or by                       the Federal Motor Carrier Safety
                                                FOR FURTHER INFORMATION CONTACT:                        telephone at (202) 833–9339, fax at (202)              Regulations (FMCSRs) against persons
                                                Lynette Mitterer, ANM–113, Federal                      833–9434, or Web site at http://                       with a clinical diagnosis of epilepsy or
                                                Aviation Administration, 1601 Lind                      www.rtca.org.                                          any other condition that is likely to
                                                Avenue SW., Renton, WA 98057–3356,                                                                             cause a loss of consciousness or any loss
                                                email Lynette.Mitterer@faa.gov, phone                   SUPPLEMENTARY INFORMATION:      Pursuant
                                                                                                        to section 10(a)(2) of the Federal                     of ability to control a commercial motor
                                                (425) 227–1047; or Alphonso                                                                                    vehicle (CMV) to drive in interstate
                                                Pendergrass, ARM–200, Office of                         Advisory Committee Act (Pub. L. 92–
                                                                                                        463, 5 U.S.C., App.), notice is hereby                 commerce. If granted, the exemptions
                                                Rulemaking, Federal Aviation                                                                                   would enable these individuals who
                                                Administration, 800 Independence                        given for a meeting of the Ninth RTCA
                                                                                                        SC–235 Non Rechargeable Lithium                        have had one or more seizures and are
                                                Avenue SW., Washington, DC 20591,                                                                              taking anti-seizure medication to
                                                email alphonso.pendergrass@faa.gov,                     Batteries Plenary. The agenda will
                                                                                                        include the following:                                 operate CMVs in interstate commerce.
                                                phone (202) 267–4713.
                                                                                                                                                               DATES: Comments must be received on
                                                  This notice is published pursuant to                  Thursday, July 13, 2017, 12:00 p.m.–                   or before July 31, 2017.
                                                14 CFR 11.85.                                           2:00 p.m.
                                                                                                                                                               ADDRESSES: You may submit comments
                                                  Issued in Renton, Washington.                         1. Welcome and Administrative                          bearing the Federal Docket Management
                                                Victor Wicklund,                                             Remarks (Including DFO & RTCA                     System (FDMS) Docket No. FMCSA–
                                                Manager, Transport Standards Staff.                          Statement)                                        2017–0178 using any of the following
                                                                                                        2. Introductions                                       methods:
                                                Petition for Exemption                                  3. Agenda Review                                         • Federal eRulemaking Portal: Go to
                                                  Docket No.: FAA–2017–0645.                            4. Meeting-Minutes Review                              http://www.regulations.gov. Follow the
                                                  Petitioner: Western Global Airlines.                  5. Final Review and Comment (FRAC)                     online instructions for submitting
                                                  Section of 14 CFR Affected:                                Resolution Review                                 comments.
sradovich on DSK3GMQ082PROD with NOTICES




                                                §§ 25.785(j), 25.812(e), 25.813(b),                     6. Approval of DO–227A for Submission                    • Mail: Docket Management Facility;
                                                25.857(e), 25.1447(c)(1).                                    to RTCA PMC                                       U.S. Department of Transportation, 1200
                                                  Description of Relief Sought: Allow                   7. Action Item Review                                  New Jersey Avenue SE., West Building
                                                for the carriage of up to two                           8. Any Other Business                                  Ground Floor, Room W12–140,
                                                supernumeraries and allowing those                      9. Adjourn                                             Washington, DC 20590–0001.
                                                supernumeraries in-flight access to                        Attendance is open to the interested                  • Hand Delivery: West Building
                                                Class E cargo compartment of the                        public but limited to space availability.              Ground Floor, Room W12–140, 1200


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                                                                              Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices                                             29625

                                                New Jersey Avenue SE., Washington,                         The nine individuals listed in this                    Drivers who have a history of
                                                DC, between 9 a.m. and 5 p.m., e.t.,                    notice have requested an exemption                     epilepsy/seizures, off anti-seizure
                                                Monday through Friday, except Federal                   from the epilepsy prohibition in 49 CFR                medication and seizure-free for 10 years,
                                                Holidays.                                               391.41(b)(8). Accordingly, the Agency                  may be qualified to operate a CMV in
                                                  • Fax: 1–202–493–2251.                                will evaluate the qualifications of each               interstate commerce. Interstate drivers
                                                   Instructions: Each submission must                   applicant to determine whether granting                who have had a single unprovoked
                                                include the Agency name and the                         the exemption will achieve the required                seizure may be qualified to drive a CMV
                                                docket number(s) for this notice. Note                  level of safety mandated by statute.                   in interstate commerce if seizure-free
                                                that all comments received will be                         The physical qualification standard                 and off anti-seizure medication for five
                                                posted without change to http://                        for drivers regarding epilepsy found in                years or more.
                                                www.regulations.gov, including any                      49 CFR 391.41(b)(8) states that a person                  As a result of Medical Examiners
                                                personal information provided. Please                   is physically qualified to drive a CMV                 misinterpreting advisory criteria as
                                                see the Privacy Act heading below for                   if that person:                                        regulation, numerous drivers have been
                                                further information.                                       Has no established medical history or               prohibited from operating a CMV in
                                                   Docket: For access to the docket to                  clinical diagnosis of epilepsy or any other            interstate commerce based on the fact
                                                read background documents or                            condition which is likely to cause the loss of         that they have had one or more seizures
                                                comments, go to http://                                 consciousness or any loss of ability to control        and are taking anti-seizure medication,
                                                www.regulations.gov at any time or                      a CMV.                                                 rather than an individual analysis of
                                                Room W12–140 on the ground level of                        In addition to the regulations, FMCSA               their circumstances by a qualified
                                                the West Building, 1200 New Jersey                      has published advisory criteria 1 to                   Medical Examiner based on the physical
                                                Avenue SE., Washington, DC, between 9                   assist Medical Examiners in                            qualification standards and medical best
                                                a.m. and 5 p.m., e.t., Monday through                   determining whether drivers with                       practices.
                                                Friday, except Federal holidays. The                    certain medical conditions are qualified                  On January 15, 2013, in a Notice of
                                                FDMS is available 24 hours each day,                    to operate a CMV in interstate                         Final Disposition entitled,
                                                365 days each year. If you want                         commerce. [49 CFR part 391,                            ‘‘Qualification of Drivers; Exemption
                                                acknowledgment that we received your                    APPENDIX A TO PART 391—MEDICAL                         Applications; Epilepsy and Seizure
                                                comments, please include a self-                        ADVISORY CRITERIA, section H.                          Disorders,’’ (78 FR 3069), FMCSA
                                                addressed, stamped envelope or                          Epilepsy: § 391.41(b)(8), paragraphs 3, 4,             announced its decision to grant requests
                                                postcard or print the acknowledgement                   and 5.]                                                from 22 individuals for exemptions
                                                page that appears after submitting                         The advisory criteria state the                     from the regulatory requirement that
                                                comments online.                                        following:                                             interstate CMV drivers have ‘‘no
                                                   Privacy Act: In accordance with 5
                                                                                                           If an individual has had a sudden                   established medical history or clinical
                                                U.S.C. 553(c), DOT solicits comments
                                                                                                        episode of a non-epileptic seizure or                  diagnosis of epilepsy or any other
                                                from the public to better inform its
                                                                                                        loss of consciousness of unknown cause                 condition which is likely to cause loss
                                                rulemaking process. DOT posts these
                                                                                                        that did not require anti-seizure                      of consciousness or any loss of ability to
                                                comments, without edit, including any
                                                                                                        medication, the decision whether that                  control a CMV.’’ Since the January 15,
                                                personal information the commenter
                                                                                                        person’s condition is likely to cause the              2013 notice, the Agency has published
                                                provides, to http://www.regulations.gov
                                                                                                        loss of consciousness or loss of ability               additional notices granting requests
                                                as described in the system records
                                                                                                        to control a CMV should be made on an                  from individuals for exemptions from
                                                notice (DOT/ALL–14 FDMS), which can
                                                                                                        individual basis by the Medical                        the regulatory requirement regarding
                                                be reviewed at http://www.dot.gov/
                                                                                                        Examiner in consultation with the                      epilepsy found in 49 CFR 391.41(b)(8).
                                                privacy.
                                                                                                        treating physician. Prior to considering                  To be considered for an exemption
                                                FOR FURTHER INFORMATION CONTACT:     Ms.                certification, it is suggested there be a              from the epilepsy prohibition in 49 CFR
                                                Christine A. Hydock, Chief, Medical                     six-month waiting period from the time                 391.41(b)(8), applicants must meet the
                                                Programs Division, (202) 366–4001,                      of the episode. Following the waiting                  criteria in the 2007 recommendations of
                                                fmcsamedical@dot.gov, FMCSA,                            period, it is suggested that the                       the Agency’s Medical Expert Panel
                                                Department of Transportation, 1200                      individual undergo a complete                          (MEP) (78 FR 3069).
                                                New Jersey Avenue SE., Room W64–                        neurological examination. If the results
                                                224, Washington, DC 20590–0001.                         of the examination are negative and                    II. Qualifications of Applicants
                                                Office hours are 8:30 a.m. to 5 p.m., e.t.,             anti-seizure medication is not required,               Richard A. Bailey
                                                Monday through Friday, except Federal                   the driver may be qualified.
                                                holidays. If you have questions                            In those individual cases where a                      Mr. Bailey is a 67 year-old class A
                                                regarding viewing or submitting                         driver had a seizure or an episode of                  CDL holder in Iowa. He has a history of
                                                material to the docket, contact Docket                  loss of consciousness that resulted from               a seizure disorder and his last seizure
                                                Services, telephone (202) 366–9826.                     a known medical condition (e.g., drug                  was 2009. He takes anti-seizure
                                                SUPPLEMENTARY INFORMATION:                              reaction, high temperature, acute                      medication with the dosage and
                                                                                                        infectious disease, dehydration, or acute              frequency remaining the same since that
                                                I. Background                                                                                                  time. His physician states that he is
                                                                                                        metabolic disturbance), certification
                                                   Under 49 U.S.C. 31136(e) and 31315,                  should be deferred until the driver has                supportive of Mr. Bailey receiving an
                                                FMCSA may grant an exemption from                       recovered fully from that condition, has               exemption.
                                                the FMCSRs for a two-year period if it
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        no existing residual complications, and                Roosevelt J. Chambers
                                                finds ‘‘such exemption would likely                     is not taking anti-seizure medication.
                                                achieve a level of safety that is                                                                                Mr. Chambers is a 71 year-old driver
                                                equivalent to or greater than the level                   1 See http://www.ecfr.gov/cgi-bin/text-idx?SID=      in Washington. He has a history of
                                                that would be achieved absent such                      e47b48a9ea42dd67d999246e23d97970&mc                    epilepsy and his last seizure was in
                                                                                                        =true&node=pt49.5.391&rgn=div5#ap49.5.391_
                                                exemption.’’ The statute also allows the                171.a and https://www.gpo.gov/fdsys/pkg/CFR-
                                                                                                                                                               2007. He takes anti-seizure medication
                                                Agency to renew exemptions at the end                   2015-title49-vol5/pdf/CFR-2015-title49-vol5-part       with the dosage and frequency
                                                of the two-year period.                                 391-appA.pdf.                                          remaining the same since 2006. His


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                                                29626                         Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices

                                                physician states that he is supportive of               these means. FMCSA recommends that                     SUMMARY:    FMCSA announces its
                                                Mr. Chambers receiving an exemption.                    you include your name and a mailing                    decision to renew exemptions of 135
                                                                                                        address, an email address, or a phone                  individuals from its prohibition in the
                                                Donnie D. Kuck
                                                                                                        number in the body of your document                    Federal Motor Carrier Safety
                                                  Mr. Kuck is a 61 year-old driver in                   so that FMCSA can contact you if there                 Regulations (FMCSRs) against persons
                                                Montana. He has a history of a seizure                  are questions regarding your                           with insulin-treated diabetes mellitus
                                                disorder and his last seizure was in                    submission.                                            (ITDM) from operating commercial
                                                1986. He takes anti-seizure medication                     To submit your comment online, go to                motor vehicles (CMVs) in interstate
                                                with the dosage and frequency                           http://www.regulations.gov and in the                  commerce. The exemptions enable these
                                                remaining the same since that time. His                 search box insert the docket number                    individuals with ITDM to continue to
                                                physician states that he is supportive of               ‘‘FMCSA–2017–0178’’ and click the                      operate CMVs in interstate commerce.
                                                Mr. Kuck receiving an exemption.                        search button. When the new screen                     DATES: Each group of renewed
                                                Mario A. Palomares                                      appears, click on the blue ‘‘Comment                   exemptions was effective on the dates
                                                                                                        Now!’’ button on the right and side of                 stated in the discussions below and will
                                                  Mr. Palomares is a 46 year-old driver                 the page. On the new page, enter                       expire on the dates stated in the
                                                in Texas. He has a history of a seizure                 information required including the                     discussions below.
                                                disorder and his last seizure was in                    specific section of this document to                   FOR FURTHER INFORMATION CONTACT: Ms.
                                                1985. He takes anti-seizure medication                  which each comment applies, and
                                                with the dosage and frequency                                                                                  Christine A. Hydock, Chief, Medical
                                                                                                        provide a reason for each suggestion or                Programs Division, 202–366–4001,
                                                remaining the same since that time. His                 recommendation. If you submit your
                                                physician states that he is supportive of                                                                      fmcsamedical@dot.gov, FMCSA,
                                                                                                        comments by mail or hand delivery,                     Department of Transportation, 1200
                                                Mr. Palomares receiving an exemption.                   submit them in an unbound format, no                   New Jersey Avenue SE., Room W64–
                                                Mark A. Parish                                          larger than 81⁄2 by 11 inches, suitable for            224, Washington, DC 20590–0001.
                                                                                                        copying and electronic filing. If you                  Office hours are from 8 a.m. to 5:30
                                                  Mr. Parish is a 56 year-old driver in                 submit comments by mail and would
                                                Georgia. He has a history of a seizure                                                                         p.m., e.t., Monday through Friday,
                                                                                                        like to know that they reached the                     except Federal holidays. If you have
                                                disorder and his last seizure was in                    facility, please enclose a stamped, self-
                                                2008. He takes anti-seizure medication                                                                         questions regarding viewing or
                                                                                                        addressed postcard or envelope.                        submitting material to the docket,
                                                with the dosage and frequency                              We will consider all comments and
                                                remaining the same since 2014. His                                                                             contact Docket Services, telephone (202)
                                                                                                        materials received during the comment                  366–9826.
                                                physician states that he is supportive of               period. FMCSA may issue a final
                                                Mr. Parish receiving an exemption.                                                                             SUPPLEMENTARY INFORMATION:
                                                                                                        determination any time after the close of
                                                Rickie M. Rineer                                        the comment period.                                    I. Electronic Access
                                                   Mr. Rineer is a 64 year-old driver in                V. Viewing Comments and Documents                         You may see all the comments online
                                                Pennsylvania. He has a history of a                                                                            through the Federal Document
                                                                                                          To view comments, as well as any                     Management System (FDMS) at: http://
                                                seizure disorder and his last seizure was               documents mentioned in this preamble,
                                                in 1981. He takes anti-seizure                                                                                 www.regulations.gov.
                                                                                                        go to http://www.regulations.gov and in                   Docket: For access to the docket to
                                                medication with the dosage and                          the search box insert the docket number
                                                frequency remaining the same since that                                                                        read background documents or
                                                                                                        FMCSA–2017–0178 and click ‘‘Search.’’                  comments, go to http//
                                                time. His physician states that he is                   Next, click ‘‘Open Docket Folder’’ and
                                                supportive of Mr. Rineer receiving an                                                                          www.regulations.gov and/or Room
                                                                                                        you will find all documents and                        W12–140 on the ground level of the
                                                exemption.                                              comments related to this notice.                       West Building, 1200 New Jersey Avenue
                                                Timothy Wolsieffer                                        Issued on: June 21, 2017.                            SE., Washington, DC, between 9 a.m.
                                                   Mr. Wolsieffer is a 61 year-old driver               Larry W. Minor,                                        and 5 p.m., e.t., Monday through Friday,
                                                in Pennsylvania. He has a history of a                  Associate Administrator for Policy.                    except Federal holidays.
                                                seizure disorder and his last seizure was               [FR Doc. 2017–13618 Filed 6–28–17; 8:45 am]               Privacy Act: In accordance with 5
                                                in 1998. He takes anti-seizure                          BILLING CODE 4910–EX–P
                                                                                                                                                               U.S.C. 553(c), DOT solicits comments
                                                medication with the dosage and                                                                                 from the public to better inform its
                                                frequency remaining the same since that                                                                        rulemaking process. DOT posts these
                                                time. His physician states that he is                   DEPARTMENT OF TRANSPORTATION                           comments, without edit, including any
                                                supportive of Mr. Wolsieffer receiving                                                                         personal information the commenter
                                                an exemption.                                           Federal Motor Carrier Safety                           provides, to http://www.regulations.gov,
                                                                                                        Administration                                         as described in the system of records
                                                III. Request for Comments                                                                                      notice (DOT/ALL–14 FDMS), which can
                                                  In accordance with 49 U.S.C. 31136(e)                 [Docket No. FMCSA–2005–22177; FMCSA–                   be reviewed at http://www.dot.gov/
                                                and 31315, FMCSA requests public                        2005–22905; FMCSA–2006–26600; FMCSA–                   privacy.
                                                comment from all interested persons on                  2008–0009; FMCSA–2008–0399; FMCSA–
                                                                                                                                                               II. Background
                                                the exemption petitions described in                    2009–0055; FMCSA–2011–0011; FMCSA–
                                                this notice. We will consider all                       2011–0025; FMCSA–2013–0011; FMCSA–                        On April 27, 2017, FMCSA published
                                                                                                        2013–0013; FMCSA–2014–0314]                            a notice announcing its decision to
sradovich on DSK3GMQ082PROD with NOTICES




                                                comments received before the close of
                                                business on the closing date indicated                                                                         renew exemptions for 135 individuals
                                                                                                        Qualification of Drivers; Exemption                    from the insulin-treated diabetes
                                                in the dates section of the notice.
                                                                                                        Applications; Diabetes                                 mellitus prohibition in 49 CFR
                                                IV. Submitting Comments                                                                                        391.41(b)(3) to operate a CMV in
                                                                                                        AGENCY: Federal Motor Carrier Safety
                                                  You may submit your comments and                      Administration (FMCSA), DOT.                           interstate commerce and requested
                                                material online or by fax, mail, or hand                                                                       comments from the public (82 FR
                                                                                                        ACTION: Notice of final disposition.
                                                delivery, but please use only one of                                                                           19435). The public comment period


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Document Created: 2018-11-14 10:17:43
Document Modified: 2018-11-14 10:17:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of applications for exemption; request for comments.
DatesComments must be received on or before July 31, 2017.
ContactMs. 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 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 Citation82 FR 29624 

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