82 FR 43809 - Medical Review Board (MRB) Meeting: Public Meeting

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 180 (September 19, 2017)

Page Range		43809-43810
FR Document		2017-19906

FMCSA announces a meeting of its Medical Review Board (MRB) on Tuesday and Wednesday, September 26-27, 2017. The MRB will make recommendations to the Agency on the revision of the Agency's handbook for medical examiners (ME) who are on the National Registry of Certified Medical Examiners (National Registry), for their use in evaluating interstate commercial motor vehicle (CMV) drivers for a medical qualification determination. Additionally, the MRB will review the Agency's current advisory and exemption program criteria concerning individuals taking anti-seizure medication and identify factors the Agency should consider for potential regulatory actions that would eliminate the need for granting exemptions. The meeting is open to the public for its entirety. The public will be allowed to comment during the proceedings.

Federal Register, Volume 82 Issue 180 (Tuesday, September 19, 2017)

[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Notices]
[Pages 43809-43810]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-19906]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-26367]

Medical Review Board (MRB) Meeting: Public Meeting

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

ACTION: Announcement of advisory committee public meeting.

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SUMMARY: FMCSA announces a meeting of its Medical Review Board (MRB) on
Tuesday and Wednesday, September 26-27, 2017. The MRB will make
recommendations to the Agency on the revision of the Agency's handbook
for medical examiners (ME) who are on the National Registry of
Certified Medical Examiners (National Registry), for their use in
evaluating interstate commercial motor vehicle (CMV) drivers for a
medical qualification determination. Additionally, the MRB will review
the Agency's current advisory and exemption program criteria concerning
individuals taking anti-seizure medication and identify factors the
Agency should consider for potential regulatory actions that would
eliminate the need for granting exemptions. The meeting is open to the
public for its entirety. The public will be allowed to comment during
the proceedings.

DATES: The meeting will be held on Tuesday and Wednesday, September 26-
27, 2017, from 9:15 a.m. to 4:30 p.m., Eastern Daylight Time (E.T.), at
the FMCSA National Training Center, 1310 N. Courthouse Road, Arlington,
VA, 6th Floor. Copies of the task statement and an agenda for the
entire meeting will be made available in advance of the meeting at
www.fmcsa.dot.gov/mrb.

FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior Advisor
to the Associate Administrator for Policy, Federal Motor Carrier Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590, (202) 366-5221, mrb@dot.gov.

Services for Individuals With Disabilities

For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, contact
Eran Segev at (617) 494-3174, eran.segev@dot.gov, by Wednesday,
September 20.

SUPPLEMENTARY INFORMATION:

[[Page 43810]]

I. Background

The MRB is composed of five medical experts who each serve two-year
terms. Section 4116 of SAFETEA-LU requires the Secretary of
Transportation, with the advice of the MRB and the chief medical
examiner, to establish, review, and revise ``medical standards for
operators of commercial motor vehicles that will ensure that the
physical condition of operators of commercial motor vehicles is
adequate to enable them to operate the vehicles safely.'' The MRB
operates in accordance with FACA under the terms of its charter, filed
November 25, 2015.
On January 15, 2013, FMCSA announced in a Notice of Final
Disposition entitled, Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders, (78 FR 3069), 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).
In reaching the decision to grant exemption requests, FMCSA
considers the 2007 recommendations of the Agency's Medical Expert Panel
(MEP). The January 15, 2013, Federal Register notice (78 FR 3069)
provides the current MEP recommendations, which is the criteria the
Agency uses to grant seizure exemptions.
The Agency's decision regarding exemption applications is based on
an individualized assessment of each applicant's medical information,
including the following: The root cause of the respective seizure(s)
and medical information about the applicant's seizure history; the
length of time that has elapsed since the individual's last seizure;
the stability of each individual's treatment regimen; and the duration
of time on or off anti-seizure medication. In addition, the Agency
reviews the treating clinician's medical opinion related to the ability
of the driver to operate a CMV safely with a history of seizure and
each applicant's driving record found in the Commercial Driver's
License Information System (CDLIS) for commercial driver's license
(CDL) holders, and interstate and intrastate inspections recorded in
the Motor Carrier Management Information System (MCMIS). For non-CDL
holders, the Agency reviews the driving records from the State Driver's
Licensing Agencies (SDLAs).

II. Meeting Participation

Oral comments from the public will be heard during the meeting, at
the discretion of the Chairman. Members of the public may submit
written comments on the topics to be considered during the meeting by
Wednesday, September 20, to Federal Docket Management System (FDMC)
Docket Number FMCSA-2008-0362 for the MRB using any of the following
methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Fax: 202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Room W12-
140, Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, 1200 New
Jersey Avenue SE., Room W12-140, Washington, DC, between 9 a.m. and 5
p.m., E.T. Monday through Friday, except Federal holidays.

Issued on: September 13, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-19906 Filed 9-18-17; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Notices 43809

the assistance of another person, or exemption with respect to a person DEPARTMENT OF TRANSPORTATION
resulting in impaired cognitive function operating under the exemption.
that occurred without warning Federal Motor Carrier Safety
VII. Conclusion Administration
symptoms, in the past 12 months and no
recurrent (two or more) severe Based upon its evaluation of the 29
hypoglycemic episodes in the past five exemption applications, FMCSA [Docket No. FMCSA–2006–26367]
years. In each case, an endocrinologist exempts the following drivers from the
verified that the driver has diabetes requirement in 49 CFR Medical Review Board (MRB) Meeting:
demonstrated a willingness to properly 391.41(b)(10), subject to the Public Meeting
monitor and manage his/her diabetes requirements cited above:
mellitus, received education related to AGENCY:Federal Motor Carrier Safety
diabetes management, and is on a stable Tyler J. Bren (ND) Administration (FMCSA), DOT.
insulin regimen. These drivers report no Charlie H. Brown, Jr. (GA) ACTION:Announcement of advisory
other disqualifying conditions, Ajax A. Castro (FL) committee public meeting.
including diabetes related
complications. Each meets the vision Robert J. Conklin (PA) SUMMARY: FMCSA announces a meeting
requirement at 49 CFR 391.41(b)(10). Luke S. Davidson (CA) of its Medical Review Board (MRB) on
The qualifications, experience, and Joseph R. DePra (IN) Tuesday and Wednesday, September
medical condition of each applicant 26–27, 2017. The MRB will make
Joseph P. Finan (RI)
were stated and discussed in detail in recommendations to the Agency on the
the June 6, 2017, Federal Register notice Luis Garcia (NJ) revision of the Agency’s handbook for
(82 FR 26226) and will not be repeated Eric E.T. Gheen (OH) medical examiners (ME) who are on the
in this notice. Aron A. Hanson (IL) National Registry of Certified Medical
Consequently, FMCSA finds that in Examiners (National Registry), for their
Tyler J. Hanson (ID) use in evaluating interstate commercial
each case exempting these applicants
from the diabetes requirement in 49 CFR Antonio K. Hoes (MD) motor vehicle (CMV) drivers for a
391.41(b)(3) is likely to achieve a level Ronald O. Knighten (WA) medical qualification determination.
of safety equal to that existing without Additionally, the MRB will review the
Stephen P. Koons (PA) Agency’s current advisory and
the exemption.
Angel Luna (PA) exemption program criteria concerning
V. Conditions and Requirements individuals taking anti-seizure
David Mills (NH)
The terms and conditions of the medication and identify factors the
Kenneth J. Moe (MN)
exemption are provided to the Agency should consider for potential
applicants in the exemption document James L. Pearson (NY) regulatory actions that would eliminate
and includes the following: (1) Each Walter R. Rentsch (SD) the need for granting exemptions. The
driver must submit a quarterly Richard D. Revere (PA) meeting is open to the public for its
monitoring checklist completed by the entirety. The public will be allowed to
Redmond L. Riley (NC) comment during the proceedings.
treating endocrinologist as well as an
annual checklist with a comprehensive James H. Roth, Jr. (PA) DATES: The meeting will be held on
medical evaluation; (2) each driver must Stephen R. Shaffer (KS) Tuesday and Wednesday, September
report within two business days of Matthew J. Thornton (OR) 26–27, 2017, from 9:15 a.m. to 4:30
occurrence, all episodes of severe p.m., Eastern Daylight Time (E.T.), at
hypoglycemia, significant Michael H. Trayah (VT)
the FMCSA National Training Center,
complications, or inability to manage William Wagstaff, 3rd (MD) 1310 N. Courthouse Road, Arlington,
diabetes; also, any involvement in an Craig A. Wildenberg (WI) VA, 6th Floor. Copies of the task
accident or any other adverse event in statement and an agenda for the entire
Ronald E. Wulf (MN)
a CMV or personal vehicle, whether or meeting will be made available in
not it is related to an episode of Samuel K. Zeweldie (GA) advance of the meeting at
hypoglycemia; (3) each driver must In accordance with 49 U.S.C. 31136(e) www.fmcsa.dot.gov/mrb.
provide a copy of the ophthalmologist’s and 31315, each exemption will be valid
or optometrist’s report to the Medical FOR FURTHER INFORMATION CONTACT: Ms.
for two years from the effective date Shannon L. Watson, Senior Advisor to
Examiner at the time of the annual unless revoked earlier by FMCSA. The
medical examination; and (4) each the Associate Administrator for Policy,
exemption will be revoked if the Federal Motor Carrier Safety
driver must provide a copy of the following occurs: (1) The person fails to
annual medical certification to the Administration, U.S. Department of
comply with the terms and conditions Transportation, 1200 New Jersey
employer for retention in the driver’s of the exemption; (2) the exemption has
qualification file, or keeping a copy in Avenue SE., Washington, DC 20590,
resulted in a lower level of safety than (202) 366–5221, mrb@dot.gov.
his/her driver’s qualification file if he/ was maintained prior to being granted;
she is self-employed. The driver must or (3) continuation of the exemption Services for Individuals With
asabaliauskas on DSKBBXCHB2PROD with NOTICES

also have a copy of the exemption when would not be consistent with the goals Disabilities
driving, for presentation to a duly and objectives of 49 U.S.C. 31136(e) and
authorized Federal, State, or local For information on facilities or
31315. services for individuals with disabilities
enforcement official.
Issued on: September 13, 2017. or to request special assistance at the
VI. Preemption Larry W. Minor, meeting, contact Eran Segev at (617)
During the period the exemption is in Associate Administrator for Policy. 494–3174, eran.segev@dot.gov, by
effect, no State shall enforce any law or [FR Doc. 2017–19907 Filed 9–18–17; 8:45 am] Wednesday, September 20.
regulation that conflicts with this BILLING CODE 4910–EX–P SUPPLEMENTARY INFORMATION:

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43810 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Notices

I. Background Agency reviews the driving records 2017–0043 using any of the following
The MRB is composed of five medical from the State Driver’s Licensing methods:
experts who each serve two-year terms. Agencies (SDLAs). • Federal eRulemaking Portal: Go to
Section 4116 of SAFETEA–LU requires http://www.regulations.gov. Follow the
II. Meeting Participation
the Secretary of Transportation, with the online instructions for submitting
Oral comments from the public will comments.
advice of the MRB and the chief medical
examiner, to establish, review, and
be heard during the meeting, at the • Mail: Docket Management Facility;
discretion of the Chairman. Members of U.S. Department of Transportation, 1200
revise ‘‘medical standards for operators
the public may submit written New Jersey Avenue SE., West Building
of commercial motor vehicles that will
comments on the topics to be Ground Floor, Room W12–140,
ensure that the physical condition of
considered during the meeting by Washington, DC 20590–0001.
operators of commercial motor vehicles
is adequate to enable them to operate
Wednesday, September 20, to Federal • Hand Delivery: West Building
Docket Management System (FDMC) Ground Floor, Room W12–140, 1200
the vehicles safely.’’ The MRB operates
Docket Number FMCSA–2008–0362 for New Jersey Avenue SE., Washington,
in accordance with FACA under the
the MRB using any of the following DC, between 9 a.m. and 5 p.m., e.t.,
terms of its charter, filed November 25,
methods: Monday through Friday, except Federal
2015.
On January 15, 2013, FMCSA • Federal eRulemaking Portal: Go to Holidays.
announced in a Notice of Final http://www.regulations.gov. Follow the • Fax: 1–202–493–2251.
Disposition entitled, Qualification of online instructions for submitting Instructions: Each submission must
Drivers; Exemption Applications; comments. include the Agency name and the
• Fax: 202–493–2251. docket number(s) for this notice. Note
Epilepsy and Seizure Disorders, (78 FR
• Mail: Docket Management Facility; that all comments received will be
3069), its decision to grant requests from
U.S. Department of Transportation, 1200 posted without change to http://
22 individuals for exemptions from the
New Jersey Avenue SE., West Building, www.regulations.gov, including any
regulatory requirement that interstate
Room W12–140, Washington, DC 20590. personal information provided. Please
CMV drivers have ‘‘no established
• Hand Delivery: U.S. Department of see the Privacy Act heading below for
medical history or clinical diagnosis of
Transportation, 1200 New Jersey further information.
epilepsy or any other condition which
Avenue SE., Room W12–140, Docket: For access to the docket to
is likely to cause loss of consciousness
Washington, DC, between 9 a.m. and 5 read background documents or
or any loss of ability to control a CMV.’’
p.m., E.T. Monday through Friday, comments, go to http://
Since the January 15, 2013, notice, the
except Federal holidays. www.regulations.gov at any time or
Agency has published additional
Issued on: September 13, 2017. Room W12–140 on the ground level of
notices granting requests from
Larry W. Minor, the West Building, 1200 New Jersey
individuals for exemptions from the
Avenue SE., Washington, DC, between 9
regulatory requirement regarding Associate Administrator for Policy.
a.m. and 5 p.m., e.t., Monday through
epilepsy found in 49 CFR 391.41(b)(8). [FR Doc. 2017–19906 Filed 9–18–17; 8:45 am]
In reaching the decision to grant Friday, except Federal holidays. The
BILLING CODE 4910–EX–P
exemption requests, FMCSA considers FDMS is available 24 hours each day
the 2007 recommendations of the e.t., 365 days each year. If you want
Agency’s Medical Expert Panel (MEP). acknowledgment that we received your
DEPARTMENT OF TRANSPORTATION
The January 15, 2013, Federal Register comments, please include a self-
notice (78 FR 3069) provides the current Federal Motor Carrier Safety addressed, stamped envelope or
MEP recommendations, which is the Administration postcard or print the acknowledgement
criteria the Agency uses to grant seizure page that appears after submitting
[Docket No. FMCSA–2017–0043] comments online.
exemptions.
The Agency’s decision regarding Privacy Act: In accordance with 5
Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments
exemption applications is based on an Applications; Diabetes Mellitus
individualized assessment of each from the public to better inform its
applicant’s medical information, AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these
including the following: The root cause Administration (FMCSA), DOT. comments, without edit, including any
of the respective seizure(s) and medical ACTION: Notice of applications for personal information the commenter
information about the applicant’s exemption; request for comments. provides, to http://www.regulations.gov,
seizure history; the length of time that as described in the system of records
has elapsed since the individual’s last SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can
seizure; the stability of each individual’s applications from 31 individuals for an be reviewed at http://www.dot.gov/
treatment regimen; and the duration of exemption from the prohibition in the privacy.
time on or off anti-seizure medication. Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: Ms.
In addition, the Agency reviews the Regulations (FMCSRs) against persons Christine A. Hydock, Chief, Medical
treating clinician’s medical opinion with insulin-treated diabetes mellitus Programs Division, (202) 366–4001,
related to the ability of the driver to (ITDM) operating a commercial motor fmcsamedical@dot.gov, FMCSA,
vehicle (CMV) in interstate commerce. If
asabaliauskas on DSKBBXCHB2PROD with NOTICES

operate a CMV safely with a history of Department of Transportation, 1200
seizure and each applicant’s driving granted, the exemptions would enable New Jersey Avenue SE., Room W64–
record found in the Commercial Driver’s these individuals with ITDM to operate 224, Washington, DC 20590–0001.
License Information System (CDLIS) for CMVs in interstate commerce. Office hours are 8:30 a.m. to 5 p.m., e.t.,
commercial driver’s license (CDL) DATES: Comments must be received on Monday through Friday, except Federal
holders, and interstate and intrastate or before October 19, 2017. holidays. If you have questions
inspections recorded in the Motor ADDRESSES: You may submit comments regarding viewing or submitting
Carrier Management Information System bearing the Federal Docket Management material to the docket, contact Docket
(MCMIS). For non-CDL holders, the System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826.

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Document Created: 2018-10-24 14:19:29
Document Modified: 2018-10-24 14:19:29

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		Announcement of advisory committee public meeting.
Dates		The meeting will be held on Tuesday and Wednesday, September 26- 27, 2017, from 9:15 a.m. to 4:30 p.m., Eastern Daylight Time (E.T.), at the FMCSA National Training Center, 1310 N. Courthouse Road, Arlington, VA, 6th Floor. Copies of the task statement and an agenda for the entire meeting will be made available in advance of the meeting at www.fmcsa.dot.gov/mrb.
Contact		Ms. Shannon L. Watson, Senior Advisor to the Associate Administrator for Policy, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 366-5221, [email protected]
FR Citation		82 FR 43809

82 FR 43809 - Medical Review Board (MRB) Meeting: Public Meeting

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 180 (September 19, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration