82 FR 47311 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 195 (October 11, 2017)

Page Range		47311-47312
FR Document		2017-21899

FMCSA announces its decision to grant 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 195 (Wednesday, October 11, 2017)

[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Notices]
[Pages 47311-47312]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21899]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0180]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to grant 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 applicable on September 2, 2017. The 
exemptions expire on September 2, 2019.

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., 
ET, 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., 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 August 2, 2017, FMCSA published a notice announcing its decision 
to grant 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 (82 FR 
36072). The public comment period ended on September 1, 2017, and no 
comments were received.
    As stated in the previous notice, FMCSA has evaluated the 
eligibility of these applicants and determined that granting these 
exemptions would achieve a level of safety equivalent to or greater 
than the level that would be achieved by complying with the current 
regulation 49 CFR 391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy 
found in 49 CFR 391.41(b)(8) states that a person is physically 
qualified to drive a CMV if that person:

    Has no established medical history or clinical diagnosis of 
epilepsy or any other condition which is likely to cause the loss of 
consciousness or any loss of ability to control a CMV.

    In addition to the regulations, FMCSA has published advisory 
criteria to assist Medical Examiners in determining whether drivers 
with certain medical conditions are qualified to operate a CMV in 
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL 
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs 
3, 4, and 5.]

III. Discussion of Comments

    FMCSA received no comments in this preceding.

IV. Conclusion

    Based upon its evaluation of the four exemption applications and 
comments received, FMCSA announces its' decision to exempt the 
following drivers from the epilepsy and seizure disorders prohibition 
in 49 CFR 391.41 (b)(8):
    As of September 2, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following four individuals have satisfied the conditions 
for

[[Page 47312]]

obtaining an exemption from the epilepsy and seizure disorders 
prohibition in the FMCSRs for interstate CMV drivers.

Shane A. Brackett (ID)
Peter Connors (PA)
Brian D. Krise (PA)
Daniel Maben (MI)

    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: October 2, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-21899 Filed 10-10-17; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 47311

physically qualified under 49 CFR Issued on: October 2, 2017. 9 a.m. and 5 p.m., Monday through
391.41; (2) each driver must provide a Larry W. Minor, Friday, except Federal holidays.
copy of the ophthalmologist’s or Associate Administrator for Policy. Privacy Act: In accordance with 5
optometrist’s report to the Medical [FR Doc. 2017–21898 Filed 10–10–17; 8:45 am] U.S.C. 553(c), DOT solicits comments
Examiner at the time of the annual BILLING CODE 4910–EX–P
from the public to better inform its
medical examination; and (3) each rulemaking process. DOT posts these
driver must provide a copy of the comments, without edit, including any
annual medical certification to the DEPARTMENT OF TRANSPORTATION personal information the commenter
employer for retention in the driver’s provides, to http://www.regulations.gov,
qualification file, or keep a copy in his/ Federal Motor Carrier Safety as described in the system of records
her driver’s qualification file if he/she is Administration notice (DOT/ALL–14 FDMS), which can
self-employed. The driver must also be reviewed at http://www.dot.gov/
[Docket No. FMCSA–2017–0180]
have a copy of the exemption when privacy.
driving, for presentation to a duly Qualification of Drivers; Exemption II. Background
authorized Federal, State, or local Applications; Epilepsy and Seizure
enforcement official. On August 2, 2017, FMCSA published
Disorders
a notice announcing its decision to grant
V. Preemption AGENCY: Federal Motor Carrier Safety exemptions for four individuals from
During the period the exemption is in Administration (FMCSA), DOT. the epilepsy and seizure disorders
effect, no State shall enforce any law or ACTION: Notice of final disposition. prohibition in 49 CFR 391.41(b)(8) to
regulation that conflicts with this operate a CMV in interstate commerce
exemption with respect to a person SUMMARY: FMCSA announces its and requested comments from the
operating under the exemption. decision to grant exemptions for four public (82 FR 36072). The public
individuals from the requirement in the comment period ended on September 1,
VI. Conclusion Federal Motor Carrier Safety 2017, and no comments were received.
Based upon its evaluation of the 22 Regulations (FMCSRs) that interstate As stated in the previous notice,
exemption applications, FMCSA commercial motor vehicle (CMV) FMCSA has evaluated the eligibility of
exempts the following drivers from the drivers have ‘‘no established medical these applicants and determined that
vision requirement, 49 CFR history or clinical diagnosis of epilepsy granting these exemptions would
391.41(b)(10), subject to the or any other condition which is likely achieve a level of safety equivalent to or
requirements cited above: to cause loss of consciousness or any greater than the level that would be
loss of ability to control a CMV.’’ The achieved by complying with the current
Eddie S. Bennett (MI)
exemptions enable these individuals regulation 49 CFR 391.41(b)(8).
Ray M. Bliss (MN) The physical qualification standard
who have had one or more seizures and
Gary S. Boryk (VA) for drivers regarding epilepsy found in
are taking anti-seizure medication to
Jonathan E. Burt (VT) 49 CFR 391.41(b)(8) states that a person
continue to operate CMVs in interstate
David A. Cooper (WV) commerce. is physically qualified to drive a CMV
Nicholas M. Deschepper (SD) if that person:
DATES: The exemptions were applicable
Frank J. Devitz (PA)
on September 2, 2017. The exemptions Has no established medical history or
John F. Ferguson, Jr. (PA) clinical diagnosis of epilepsy or any other
expire on September 2, 2019.
Dominick P. Fittipaldi (PA) condition which is likely to cause the loss of
FOR FURTHER INFORMATION CONTACT: Ms.
Alvin H. Horgdal (IA) consciousness or any loss of ability to control
Louis R. LeMonds, Jr. (WA) Christine A. Hydock, Chief, Medical a CMV.
Programs Division, (202) 366–4001,
Jonathan Marin (NJ) In addition to the regulations, FMCSA
fmcsamedical@dot.gov, FMCSA,
Mark E. McNaughton (IA) has published advisory criteria to assist
Department of Transportation, 1200
Louis Neofotistos (MA) Medical Examiners in determining
New Jersey Avenue SE., Room W64–
Josue M. Rodriguez-Espinoza (CA) 224, Washington, DC 20590–0001. whether drivers with certain medical
James R. Rupert (CA) Office hours are from 8:30 a.m. to 5 conditions are qualified to operate a
Christopher J. Schmidt (WI) p.m., ET, Monday through Friday, CMV in interstate commerce. [49 CFR
Brandon L. Siebe (KY) except Federal holidays. If you have part 391, APPENDIX A TO PART 391—
Greg C. Stilson (WY) questions regarding viewing or MEDICAL ADVISORY CRITERIA,
Paul M. Wooton (KY) submitting material to the docket, section H. Epilepsy: § 391.41(b)(8),
Willie C. Young (TX) contact Docket Services, telephone (202) paragraphs 3, 4, and 5.]
Eloy Zuniga (TX) 366–9826. III. Discussion of Comments
In accordance with 49 U.S.C. 31136(e) SUPPLEMENTARY INFORMATION: FMCSA received no comments in this
and 31315, each exemption will be valid preceding.
for two years from the effective date I. Electronic Access
unless revoked earlier by FMCSA. The You may see all the comments online IV. Conclusion
exemption will be revoked if the through the Federal Document Based upon its evaluation of the four
asabaliauskas on DSKBBXCHB2PROD with NOTICES

following occurs: (1) The person fails to Management System (FDMS) at: http:// exemption applications and comments
comply with the terms and conditions www.regulations.gov. received, FMCSA announces its’
of the exemption; (2) the exemption has Docket: For access to the docket to decision to exempt the following drivers
resulted in a lower level of safety than read background documents or from the epilepsy and seizure disorders
was maintained prior to being granted; comments, go to http:// prohibition in 49 CFR 391.41 (b)(8):
or (3) continuation of the exemption www.regulations.gov and/or Room As of September 2, 2017, and in
would not be consistent with the goals W12–140 on the ground level of the accordance with 49 U.S.C. 31136(e) and
and objectives of 49 U.S.C. 31136 and West Building, 1200 New Jersey 31315, the following four individuals
31315. Avenue, SE., Washington, DC, between have satisfied the conditions for

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47312 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices

obtaining an exemption from the DATES: Each group of renewed see the Privacy Act heading below for
epilepsy and seizure disorders exemptions were applicable on the further information.
prohibition in the FMCSRs for interstate dates stated in the discussions below Docket: For access to the docket to
CMV drivers. and will expire on the dates stated in read background documents or
Shane A. Brackett (ID) the discussions below. Comments must comments, go to http://
Peter Connors (PA) be received on or before November 13, www.regulations.gov at any time or
Brian D. Krise (PA) 2017. Room W12–140 on the ground level of
Daniel Maben (MI) FOR FURTHER INFORMATION CONTACT: Ms. the West Building, 1200 New Jersey
In accordance with 49 U.S.C. 31315, Christine A. Hydock, Chief, Medical Avenue SE., Washington, DC, between 9
each exemption will be valid for two Programs Division, 202–366–4001, a.m. and 5 p.m., ET, Monday through
years from the effective date unless fmcsamedical@dot.gov, FMCSA, Friday, except Federal holidays. The
revoked earlier by FMCSA. The Department of Transportation, 1200 FDMS is available 24 hours each day,
exemption will be revoked if the New Jersey Avenue SE., Room W64– ET, 365 days each year. If you want
following occurs: (1) The person fails to 224, Washington, DC 20590–0001. acknowledgment that we received your
comply with the terms and conditions Office hours are from 8:30 a.m. to 5 comments, please include a self-
of the exemption; (2) the exemption has p.m., ET., Monday through Friday, addressed, stamped envelope or
resulted in a lower level of safety than except Federal holidays. If you have postcard or print the acknowledgement
was maintained prior to being granted; questions regarding viewing or page that appears after submitting
or (3) continuation of the exemption submitting material to the docket, comments online.
would not be consistent with the goals contact Docket Services, telephone (202) Privacy Act: In accordance with 5
and objectives of 49 U.S.C. 31136 and 366–9826. U.S.C. 553(c), DOT solicits comments
31315. ADDRESSES: You may submit comments from the public to better inform its
Issued on: October 2, 2017. bearing the Federal Docket Management rulemaking process. DOT posts these
Larry W. Minor, System (FDMS) Docket No. FMCSA– comments, without edit, including any
Associate Administrator for Policy. 1999–5578; FMCSA–1999–6480; personal information the commenter
[FR Doc. 2017–21899 Filed 10–10–17; 8:45 am]
FMCSA–2000–7165; FMCSA–2001– provides, to http://www.regulations.gov,
9561; FMCSA–2003–15892; FMCSA– as described in the system of records
BILLING CODE 4910–EX–P
2005–21254; FMCSA–2005–21711; notice (DOT/ALL–14 FDMS), which can
FMCSA–2006–25246; FMCSA–2006– be reviewed at http://www.dot.gov/
DEPARTMENT OF TRANSPORTATION 26066; FMCSA–2007–25246; FMCSA– privacy.
2007–2663; FMCSA–2007–27897;
FMCSA–2009–0121; FMCSA–2009– I. Background
Federal Motor Carrier Safety
Administration 0154; FMCSA–2011–0024; FMCSA– Under 49 U.S.C. 31136(e) and 31315,
2011–0092; FMCSA–2011–0140; FMCSA may grant an exemption for two
[Docket No. FMCSA–1999–5578; FMCSA– FMCSA–2011–0142; FMCSA–2011–
1999–6480; FMCSA–2000–7165; FMCSA– years if it finds ‘‘such exemption would
0189; FMCSA–2013–0026; FMCSA– likely achieve a level of safety that is
2001–9561; FMCSA–2003–15892; FMCSA– 2013–0027; FMCSA–2013–0029;
2005–21254; FMCSA–2005–21711; FMCSA– equivalent to or greater than the level
2006–25246; FMCSA–2006–26066; FMCSA–
FMCSA–2013–0030; FMCSA–2013– that would be achieved absent such
2007–25246; FMCSA–2007–2663; FMCSA– 0165; FMCSA–2014–0300; FMCSA– exemption.’’ The statute also allows the
2007–27897; FMCSA–2009–0121; FMCSA– 2014–0302; FMCSA–2014–0304; Agency to renew exemptions at the end
2009–0154; FMCSA–2011–0024; FMCSA– FMCSA–2014–0305; FMCSA–2015– of the two year period.
2011–0092; FMCSA–2011–0140; FMCSA– 0049; FMCSA–2015–0052; FMCSA–
2011–0142; FMCSA–2011–0189; FMCSA– 2015–0053; FMCSA–2015–0055 using The physical qualification standard
2013–0026; FMCSA–2013–0027; FMCSA– any of the following methods: for drivers regarding vision found in 49
2013–0029; FMCSA–2013–0030; FMCSA– CFR 391.41(b)(10) states that a person is
• Federal eRulemaking Portal: Go to
2013–0165; FMCSA–2014–0300; FMCSA– physically qualified to driver a CMV if
2014–0302; FMCSA–2014–0304; FMCSA–
http://www.regulations.gov. Follow the
that person:
2014–0305; FMCSA–2015–0049; FMCSA– online instructions for submitting
2015–0052; FMCSA–2015–0053; FMCSA– comments. Has distant visual acuity of at least 20/40
2015–0055] • Mail: Docket Management Facility; (Snellen) in each eye without corrective
U.S. Department of Transportation, 1200 lenses or visual acuity separately corrected to
Qualification of Drivers; Exemption New Jersey Avenue SE., West Building 20/40 (Snellen) or better with corrective
Applications; Vision Ground Floor, Room W12–140, lenses, distant binocular acuity of a least 20/
Washington, DC 20590–0001. 40 (Snellen) in both eyes with or without
AGENCY: Federal Motor Carrier Safety corrective lenses, field of vision of at least
Administration (FMCSA), DOT. • Hand Delivery: West Building
70° in the horizontal meridian in each eye,
Ground Floor, Room W12–140, 1200
ACTION: Notice of renewal of and the ability to recognize the colors of
New Jersey Avenue SE., Washington,
exemptions; request for comments. traffic signals and devices showing red,
DC, between 9 a.m. and 5 p.m., ET,
green, and amber.
SUMMARY: FMCSA announces its Monday through Friday, except Federal
Holidays.
asabaliauskas on DSKBBXCHB2PROD with NOTICES

decision to renew exemptions for 86 The 86 individuals listed in this
individuals from the vision requirement • Fax: 1–202–493–2251. notice have requested renewal of their
in the Federal Motor Carrier Safety Instructions: Each submission must exemptions from the vision standard in
Regulations (FMCSRs) for interstate include the Agency name and the 49 CFR 391.41(b)(10), in accordance
commercial motor vehicle (CMV) docket number(s) for this notice. Note with FMCSA procedures. Accordingly,
drivers. The exemptions enable these that all comments received will be FMCSA has evaluated these
individuals to continue to operate CMVs posted without change to http:// applications for renewal on their merits
in interstate commerce without meeting www.regulations.gov, including any and decided to extend each exemption
the vision requirements in one eye. personal information provided. Please for a renewable two year period.

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Document Created: 2018-10-25 09:58:14
Document Modified: 2018-10-25 09:58:14

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 applicable on September 2, 2017. The exemptions expire on September 2, 2019.
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., ET, 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 47311

82 FR 47311 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 195 (October 11, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration