82_FR_47509 82 FR 47314 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

82 FR 47314 - 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 Range47314-47316
FR Document2017-21879

FMCSA announces its decision to renew exemptions for 12 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 47314-47316]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21879]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0050; FMCSA-2012-0294; FMCSA-2013-0106; FMCSA-
2014-0214; FMCSA-2014-0216; FMCSA-2014-0381; FMCSA-2015-0115; FMCSA-
2015-0116; FMCSA-2015-0117]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 12 
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 12, 2017. The 
exemptions expire on September 12, 2019. Comments must be received on 
or before November 13, 2017.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, 202-366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
e.t., Monday through Friday,

[[Page 47315]]

except Federal holidays. If you have questions regarding viewing or 
submitting material to the docket, contact Docket Services, telephone 
(202) 366-9826.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2012-0050; FMCSA-2012-0294; 
FMCSA-2013-0106; FMCSA-2014-0214; FMCSA-2014-0216; FMCSA-2014-0381; 
FMCSA-2015-0115; FMCSA-2015-0116; FMCSA-2015-0117 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 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 e.t., 
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 of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for five years 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 five-year period. FMCSA 
grants exemptions from the FMCSRs for a two-year period to align with 
the maximum duration of a driver's medical certification.
    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.]
    The 12 individuals listed in this notice have requested renewal of 
their exemptions from the epilepsy and seizure disorders prohibition in 
49 CFR 391.41(b)(8), in accordance with FMCSA procedures. Accordingly, 
FMCSA has evaluated these applications for renewal on their merits and 
decided to extend each exemption for a renewable two-year period.

II. Request for Comments

    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315, FMCSA will take immediate steps to revoke the 
exemption of a driver.

III. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315, each of the 12 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the epilepsy and seizure disorders prohibition. The 12 
drivers in this notice remain in good standing with the Agency, have 
maintained their medical monitoring and have not exhibited any medical 
issues that would compromise their ability to safely operate a CMV 
during the previous two-year exemption period. In addition, for 
Commercial Driver's License (CDL) holders, the Commercial Driver's 
License Information System (CDLIS) and the Motor Carrier Management 
Information System (MCMIS) are searched for crash and violation data. 
For non-CDL holders, the Agency reviews the driving records from the 
State Driver's Licensing Agency (SDLA). These factors provide an 
adequate basis for predicting each driver's ability to continue to 
safely operate a CMV in interstate commerce. Therefore, FMCSA concludes 
that extending the exemption for each renewal applicant for a period of 
two years is likely to achieve a level of safety equal to that existing 
without the exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315, each driver has 
received a renewed exemption.
    As of September 12, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 12 individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers:

Ronald Boogay, (NJ)
Todd W. Brock, (CO)
Matthew J. Chizek, (WI)
Paul E. Granger, (MI)
Jason C. Kirkham, (WI)
Michael K. Lail, (NC)
Ivan M. Martin, (PA)
Charles A. McCarthy, III, (MA)
Douglas S. Slagel, (OH)
William L. Swann, (MD)
Cory R. Wagner, (IL)
Timothy M. Zahratka, (MN)

    The drivers were included in docket numbers FMCSA-2012-0050; FMCSA-
2012-0294; FMCSA-2013-0106; FMCSA-2014-0214; FMCSA-2014-0216; FMCSA-
2014-0381; FMCSA-2015-0115; FMCSA-2015-0116; FMCSA-2015-0117. Their 
exemptions are applicable as of September 12, 2017, and will expire on 
September 12, 2019.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions: 
(1) Each driver must remain seizure-free and maintain a stable 
treatment during the two-year exemption period; (2) each driver must 
submit annual reports from their treating physicians attesting to the 
stability of treatment and that the driver has remained seizure-free; 
(3) each

[[Page 47316]]

driver must undergo an annual medical examination by a certified 
Medical Examiner, as defined by 49 CFR 390.5; and (4) each driver must 
provide a copy of the annual medical certification to the employer for 
retention in the driver's qualification file, or keep a copy of his/her 
driver's qualification file if he/she is self-employed. The driver must 
also have a copy of the exemption when driving, for presentation to a 
duly authorized Federal, State, or local enforcement official. The 
exemption will be rescinded if: (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 before it was granted; 
or (3) continuation of the exemption would not be consistent with the 
goals and objectives of 49 U.S.C. 31136(e) and 31315.

V. Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or regulation that conflicts with this exemption with 
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the 12 exemption applications, FMCSA 
renews the exemptions of the aforementioned drivers from the epilepsy 
and seizure disorders prohibition in 49 CFR 391.41 (b)(8). In 
accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be 
valid for two years unless revoked earlier by FMCSA.

    Issued on: October 2, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-21879 Filed 10-10-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                    47314                     Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices

                                                    interstate CMV drivers (78 FR 47818; 78                 Humberto A. Valles (TX)                               exemption with respect to a person
                                                    FR 63307; 80 FR 59225):                                 James A. Welch (NH)                                   operating under the exemption.
                                                    Larry E. Blakely (GA)                                   Michael E. Yount (ID)
                                                                                                                                                                  VI. Conclusion
                                                    Britt A. Green (ND)                                       The drivers were included in one of
                                                    Arlene S. Kent (NH)                                     the following docket numbers: FMCSA–                    Based upon its evaluation of the 86
                                                    Willie L. Murphy (IN)                                   1999–6480; FMCSA–2003–15892;                          exemption applications, FMCSA renews
                                                    Joseph J. Pudlik (IL)                                   FMCSA–2006–26066. Their exemptions                    the exemptions of the aforementioned
                                                    Jeffrey R. Swett (SC)                                   are applicable as of October 30, 2017,                drivers from the vision requirement in
                                                    Brian C. Tate (VA)                                      and will expire on October 30, 2019.                  49 CFR 391.41(b)(10), subject to the
                                                       The drivers were included in docket                    As of October 31, 2017, and in                      requirements cited above. In accordance
                                                    number FMCSA–2013–0165. Their                           accordance with 49 U.S.C. 31136(e) and                with 49 U.S.C. 31136(e) and 31315, each
                                                    exemptions are applicable as of October                 31315, the following four individuals                 exemption will be valid for two years
                                                    23, 2017, and will expire on October 23,                have satisfied the renewal conditions for             unless revoked earlier by FMCSA.
                                                    2019.                                                   obtaining an exemption from the vision                  Issued on: October 2, 2017.
                                                       As of October 24, 2017, and in                       requirement in the FMCSRs for                         Larry W. Minor,
                                                    accordance with 49 U.S.C. 31136(e) and                  interstate CMV drivers (76 FR 55465; 76               Associate Administrator for Policy.
                                                    31315, the following 14 individuals                     FR 67246; 78 FR 77782; 80 FR 59225:                   [FR Doc. 2017–21895 Filed 10–10–17; 8:45 am]
                                                    have satisfied the renewal conditions for               Darrell G. Anthony (TX)                               BILLING CODE 4910–EX–P
                                                    obtaining an exemption from the vision                  Harold L. Pearsall (PA)
                                                    requirement in the FMCSRs for                           Phillip M. Pridgen, Sr. (MD)
                                                    interstate CMV drivers (64 FR 27027; 64                 Gerald D. Stidham (CO)                                DEPARTMENT OF TRANSPORTATION
                                                    FR 51568; 66 FR 30502; 66 FR 41654;                       The drivers were included in docket
                                                    66 FR 48504; 68 FR 44837; 68 FR 54775;                                                                        Federal Motor Carrier Safety
                                                                                                            number FMCSA–2011–0189. Their
                                                    70 FR 30999; 70 FR 41811; 70 FR 46567;                                                                        Administration
                                                                                                            exemptions are applicable as of October
                                                    70 FR 48797; 70 FR 53412; 70 FR 61493;                  31, 2017, and will expire on October 31,              [Docket No. FMCSA–2012–0050; FMCSA–
                                                    72 FR 39879; 72 FR 40359; 72 FR 52421;                  2019.                                                 2012–0294; FMCSA–2013–0106; FMCSA–
                                                    72 FR 54971; 72 FR 62896; 74 FR 34074;                                                                        2014–0214; FMCSA–2014–0216; FMCSA–
                                                    74 FR 41971; 74 FR 43221; 74 FR 49069;                  IV. Conditions and Requirements                       2014–0381; FMCSA–2015–0115; FMCSA–
                                                    76 FR 55467; 76 FR 62143; 78 FR 77782;                    The exemptions are extended subject                 2015–0116; FMCSA–2015–0117]
                                                    80 FR 59225):                                           to the following conditions: (1) Each                 Qualification of Drivers; Exemption
                                                    Calvin D. Atwood (NM)                                   driver must undergo an annual physical                Applications; Epilepsy and Seizure
                                                    Andrew B. Clayton (TN)                                  examination (a) by an ophthalmologist                 Disorders
                                                    William P. Doolittle (MO)                               or optometrist who attests that the
                                                    Richard L. Gagnebin (KS)                                vision in the better eye continues to                 AGENCY: Federal Motor Carrier Safety
                                                    Jonathan M. Gentry (TN)                                 meet the requirements in 49 CFR                       Administration (FMCSA), DOT.
                                                    Benny D. Hatton, Jr. (NY)                               391.41(b)(10), and (b) by a certified                 ACTION: Notice of renewal of
                                                    Robert W. Healey, Jr. (NJ)                              Medical Examiner, as defined by 49 CFR                exemptions; request for comments.
                                                    Nathaniel H. Herbert, Jr. (PA)                          390.5, who attests that the driver is
                                                    Thomas W. Markham (MN)                                  otherwise physically qualified under 49               SUMMARY:    FMCSA announces its
                                                    Kevin L. Moody (OH)                                     CFR 391.41; (2) each driver must                      decision to renew exemptions for 12
                                                    Charles W. Mullenix (GA)                                provide a copy of the ophthalmologist’s               individuals from the requirement in the
                                                    Garry L. Rogers (CO)                                    or optometrist’s report to the Medical                Federal Motor Carrier Safety
                                                    Gary M. Wolff (IL)                                      Examiner at the time of the annual                    Regulations (FMCSRs) that interstate
                                                    John C. Young (VA)                                      medical examination; and (3) each                     commercial motor vehicle (CMV)
                                                       The drivers were included in one of                  driver must provide a copy of the                     drivers have ‘‘no established medical
                                                    the following docket numbers: FMCSA–                    annual medical certification to the                   history or clinical diagnosis of epilepsy
                                                    1999–5578; FMCSA–2001–9561;                             employer for retention in the driver’s                or any other condition which is likely
                                                    FMCSA–2005–21254; FMCSA–2005–                           qualification file or keep a copy of his/             to cause loss of consciousness or any
                                                    21711; FMCSA–2007–27897. Their                          her driver’s qualification if he/her is               loss of ability to control a CMV.’’ The
                                                    exemptions are applicable as of October                 self-employed. The driver must also                   exemptions enable these individuals
                                                    24, 2017, and will expire on October 24,                have a copy of the exemption when                     who have had one or more seizures and
                                                    2019.                                                   driving, for presentation to a duly                   are taking anti-seizure medication to
                                                       As of October 30, 2017, and in                       authorized Federal, State, or local                   continue to operate CMVs in interstate
                                                    accordance with 49 U.S.C. 31136(e) and                  enforcement official. The exemption                   commerce.
                                                    31315, the following seven individuals                  will be rescinded if: (1) The person fails            DATES: The exemptions were applicable
                                                    have satisfied the renewal conditions for               to comply with the terms and                          on September 12, 2017. The exemptions
                                                    obtaining an exemption from the vision                  conditions of the exemption; (2) the                  expire on September 12, 2019.
                                                    requirement in the FMCSRs for                           exemption has resulted in a lower level               Comments must be received on or
                                                    interstate CMV drivers (64 FR 68195; 65                 of safety than was maintained before it               before November 13, 2017.
                                                    FR 20251; 67 FR 17102; 68 FR 52811;
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                                                                                                            was granted; or (3) continuation of the               FOR FURTHER INFORMATION CONTACT: Ms.
                                                    68 FR 61860; 70 FR 61165; 71 FR 63379;                  exemption would not be consistent with                Christine A. Hydock, Chief, Medical
                                                    72 FR 1050; 74 FR 49069; 74 FR 53581;                   the goals and objectives of 49 U.S.C.                 Programs Division, 202–366–4001,
                                                    76 FR 64171; 78 FR 68137; 80 FR                         31136(e) and 31315.                                   fmcsamedical@dot.gov, FMCSA,
                                                    59225):                                                                                                       Department of Transportation, 1200
                                                                                                            V. Preemption                                         New Jersey Avenue SE., Room W64–
                                                    James D. Davis (OH)
                                                    Dewayne E. Harms (IL)                                      During the period the exemption is in              224, Washington, DC 20590–0001.
                                                    David F. LeClerc (MN)                                   effect, no State shall enforce any law or             Office hours are from 8:30 a.m. to 5
                                                    Jesse L. Townsend (LA)                                  regulation that conflicts with this                   p.m., e.t., Monday through Friday,


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                                                                              Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices                                           47315

                                                    except Federal holidays. If you have                    I. Background                                         notice remain in good standing with the
                                                    questions regarding viewing or                             Under 49 U.S.C. 31136(e) and 31315,                Agency, have maintained their medical
                                                    submitting material to the docket,                      FMCSA may grant an exemption for five                 monitoring and have not exhibited any
                                                    contact Docket Services, telephone (202)                years if it finds ‘‘such exemption would              medical issues that would compromise
                                                    366–9826.                                               likely achieve a level of safety that is              their ability to safely operate a CMV
                                                    ADDRESSES: You may submit comments                      equivalent to or greater than the level               during the previous two-year exemption
                                                    bearing the Federal Docket Management                   that would be achieved absent such                    period. In addition, for Commercial
                                                    System (FDMS) Docket No. FMCSA–                         exemption.’’ The statute also allows the              Driver’s License (CDL) holders, the
                                                    2012–0050; FMCSA–2012–0294;                             Agency to renew exemptions at the end                 Commercial Driver’s License
                                                    FMCSA–2013–0106; FMCSA–2014–                            of the five-year period. FMCSA grants                 Information System (CDLIS) and the
                                                    0214; FMCSA–2014–0216; FMCSA–                           exemptions from the FMCSRs for a two-                 Motor Carrier Management Information
                                                    2014–0381; FMCSA–2015–0115;                             year period to align with the maximum                 System (MCMIS) are searched for crash
                                                    FMCSA–2015–0116; FMCSA–2015–                            duration of a driver’s medical                        and violation data. For non-CDL
                                                    0117 using any of the following                         certification.                                        holders, the Agency reviews the driving
                                                    methods:                                                   The physical qualification standard                records from the State Driver’s
                                                       • Federal eRulemaking Portal: Go to                  for drivers regarding epilepsy found in               Licensing Agency (SDLA). These factors
                                                    http://www.regulations.gov. Follow the                  49 CFR 391.41(b)(8) states that a person              provide an adequate basis for predicting
                                                    online instructions for submitting                      is physically qualified to drive a CMV                each driver’s ability to continue to
                                                    comments.                                               if that person:                                       safely operate a CMV in interstate
                                                       • Mail: Docket Management Facility;                     Has no established medical history or
                                                                                                                                                                  commerce. Therefore, FMCSA
                                                    U.S. Department of Transportation, 1200                                                                       concludes that extending the exemption
                                                                                                            clinical diagnosis of epilepsy or any other
                                                    New Jersey Avenue SE., West Building                    condition which is likely to cause the loss of
                                                                                                                                                                  for each renewal applicant for a period
                                                    Ground Floor, Room W12–140,                             consciousness or any loss of ability to control       of two years is likely to achieve a level
                                                    Washington, DC 20590–0001.                              a CMV.                                                of safety equal to that existing without
                                                       • Hand Delivery: West Building                         In addition to the regulations, FMCSA
                                                                                                                                                                  the exemption.
                                                    Ground Floor, Room W12–140, 1200                                                                                In accordance with 49 U.S.C. 31136(e)
                                                                                                            has published advisory criteria to assist             and 31315, each driver has received a
                                                    New Jersey Avenue SE., Washington,                      Medical Examiners in determining
                                                    DC, between 9 a.m. and 5 p.m., e.t.,                                                                          renewed exemption.
                                                                                                            whether drivers with certain medical                    As of September 12, 2017, and in
                                                    Monday through Friday, except Federal                   conditions are qualified to operate a
                                                    Holidays.                                                                                                     accordance with 49 U.S.C. 31136(e) and
                                                                                                            CMV in interstate commerce. [49 CFR                   31315, the following 12 individuals
                                                       • Fax: 1–202–493–2251.                               part 391, APPENDIX A TO PART 391—
                                                       Instructions: Each submission must                                                                         have satisfied the renewal conditions for
                                                                                                            MEDICAL ADVISORY CRITERIA,                            obtaining an exemption from the
                                                    include the Agency name and the                         section H. Epilepsy: § 391.41(b)(8),
                                                    docket number(s) for this notice. Note                                                                        epilepsy and seizure disorders
                                                                                                            paragraphs 3, 4, and 5.]                              prohibition in the FMCSRs for interstate
                                                    that all comments received will be                        The 12 individuals listed in this
                                                    posted without change to http://                                                                              CMV drivers:
                                                                                                            notice have requested renewal of their
                                                    www.regulations.gov, including any                      exemptions from the epilepsy and                      Ronald Boogay, (NJ)
                                                    personal information provided. Please                   seizure disorders prohibition in 49 CFR               Todd W. Brock, (CO)
                                                    see the Privacy Act heading below for                   391.41(b)(8), in accordance with                      Matthew J. Chizek, (WI)
                                                    further information.                                    FMCSA procedures. Accordingly,                        Paul E. Granger, (MI)
                                                       Docket: For access to the docket to                  FMCSA has evaluated these                             Jason C. Kirkham, (WI)
                                                    read background documents or                                                                                  Michael K. Lail, (NC)
                                                                                                            applications for renewal on their merits
                                                    comments, go to http://                                                                                       Ivan M. Martin, (PA)
                                                                                                            and decided to extend each exemption
                                                    www.regulations.gov at any time or                                                                            Charles A. McCarthy, III, (MA)
                                                                                                            for a renewable two-year period.
                                                    Room W12–140 on the ground level of                                                                           Douglas S. Slagel, (OH)
                                                    the West Building, 1200 New Jersey                      II. Request for Comments                              William L. Swann, (MD)
                                                    Avenue SE., Washington, DC, between 9                      Interested parties or organizations                Cory R. Wagner, (IL)
                                                    a.m. and 5 p.m., e.t., Monday through                   possessing information that would                     Timothy M. Zahratka, (MN)
                                                    Friday, except Federal holidays. The                    otherwise show that any, or all, of these               The drivers were included in docket
                                                    FDMS is available 24 hours each day                     drivers are not currently achieving the               numbers FMCSA–2012–0050; FMCSA–
                                                    e.t., 365 days each year. If you want                   statutory level of safety should                      2012–0294; FMCSA–2013–0106;
                                                    acknowledgment that we received your                    immediately notify FMCSA. The                         FMCSA–2014–0214; FMCSA–2014–
                                                    comments, please include a self-                        Agency will evaluate any adverse                      0216; FMCSA–2014–0381; FMCSA–
                                                    addressed, stamped envelope or                          evidence submitted and, if safety is                  2015–0115; FMCSA–2015–0116;
                                                    postcard or print the acknowledgement                   being compromised or if continuation of               FMCSA–2015–0117. Their exemptions
                                                    page that appears after submitting                      the exemption would not be consistent                 are applicable as of September 12, 2017,
                                                    comments online.                                        with the goals and objectives of 49                   and will expire on September 12, 2019.
                                                       Privacy Act: In accordance with 5                    U.S.C. 31136(e) and 31315, FMCSA will
                                                    U.S.C. 553(c), DOT solicits comments                                                                          IV. Conditions and Requirements
                                                                                                            take immediate steps to revoke the
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                                                    from the public to better inform its                    exemption of a driver.                                  The exemptions are extended subject
                                                    rulemaking process. DOT posts these                                                                           to the following conditions: (1) Each
                                                    comments, without edit, including any                   III. Basis for Renewing Exemptions                    driver must remain seizure-free and
                                                    personal information the commenter                         In accordance with 49 U.S.C. 31136(e)              maintain a stable treatment during the
                                                    provides, to http://www.regulations.gov,                and 31315, each of the 12 applicants has              two-year exemption period; (2) each
                                                    as described in the system of records                   satisfied the renewal conditions for                  driver must submit annual reports from
                                                    notice (DOT/ALL–14 FDMS), which can                     obtaining an exemption from the                       their treating physicians attesting to the
                                                    be reviewed at http://www.dot.gov/                      epilepsy and seizure disorders                        stability of treatment and that the driver
                                                    privacy.                                                prohibition. The 12 drivers in this                   has remained seizure-free; (3) each


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                                                    47316                     Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices

                                                    driver must undergo an annual medical                   Engineer C&S Engineering, 1200                        by FRA before final action is taken.
                                                    examination by a certified Medical                      Peachtree Street NE., Atlanta, GA 30309.              Comments received after that date will
                                                    Examiner, as defined by 49 CFR 390.5;                     NS seeks the discontinuance of                      be considered if practicable.
                                                    and (4) each driver must provide a copy                 control point BV&E located at milepost                  Anyone can search the electronic
                                                    of the annual medical certification to                  (MP) H–260.3 between Rutland Jct. MP                  form of any written communications
                                                    the employer for retention in the                       H–197.00 and Smithville, GA MP H–                     and comments received into any of our
                                                    driver’s qualification file, or keep a copy             275.0 on the Albany District, Georgia                 dockets by the name of the individual
                                                    of his/her driver’s qualification file if               Division, Americus, GA.                               submitting the comment (or signing the
                                                    he/she is self-employed. The driver                       NS will replace the power-operated                  document, if submitted on behalf of an
                                                    must also have a copy of the exemption                  switch with a hand-operated switch                    association, business, labor union, etc.).
                                                    when driving, for presentation to a duly                protected by a switch circuit controller              Under 5 U.S.C. 553(c), DOT solicits
                                                    authorized Federal, State, or local                     and derail. The current controlled                    comments from the public to better
                                                    enforcement official. The exemption                     signals will be replaced with automatic               inform its processes. DOT posts these
                                                    will be rescinded if: (1) The person fails              signals.                                              comments, without edit, including any
                                                    to comply with the terms and                              NS states the reason for the proposed               personal information the commenter
                                                    conditions of the exemption; (2) the                    change is that train operations in this               provides, to www.regulations.gov, as
                                                    exemption has resulted in a lower level                 area no longer support the need for the               described in the system of records
                                                    of safety than was maintained before it                 power-operated switch due to the                      notice (DOT/ALL–14 FDMS), which can
                                                    was granted; or (3) continuation of the                 limited number of movements that                      be reviewed at https://
                                                    exemption would not be consistent with                  would require the switch to be in the                 www.transportation.gov/privacy. See
                                                    the goals and objectives of 49 U.S.C.                   reverse position. NS has also                         also https://www.regulations.gov/
                                                    31136(e) and 31315.                                     discontinued the use of the former 0-                 privacyNotice for the privacy notice of
                                                                                                            Line that ties into the main track and is             regulations.gov.
                                                    V. Preemption                                           made inaccessible at the approach
                                                       During the period the exemption is in                signal to BV&E Jct.                                   Robert C. Lauby,
                                                    effect, no State shall enforce any law or                 A copy of the petition, as well as any              Associate Administrator for Railroad Safety,
                                                    regulation that conflicts with this                     written communications concerning the                 Chief Safety Officer.
                                                    exemption with respect to a person                      petition, is available for review online at           [FR Doc. 2017–21867 Filed 10–10–17; 8:45 am]
                                                    operating under the exemption.                          www.regulations.gov and in person at                  BILLING CODE 4910–06–P
                                                                                                            the U.S. Department of Transportation’s
                                                    VI. Conclusion                                          (DOT) Docket Operations Facility, 1200
                                                      Based upon its evaluation of the 12                   New Jersey Avenue SE., W12–140,                       DEPARTMENT OF TRANSPORTATION
                                                    exemption applications, FMCSA renews                    Washington, DC 20590. The Docket
                                                                                                            Operations Facility is open from 9 a.m.               Federal Railroad Administration
                                                    the exemptions of the aforementioned
                                                    drivers from the epilepsy and seizure                   to 5 p.m., Monday through Friday,                     [Docket Number FRA–2007–29238]
                                                    disorders prohibition in 49 CFR 391.41                  except Federal Holidays.
                                                    (b)(8). In accordance with 49 U.S.C.                      Interested parties are invited to                   Petition for Waiver of Compliance
                                                    31136(e) and 31315, each exemption                      participate in these proceedings by
                                                                                                            submitting written views, data, or                       Under part 211 of Title 49 Code of
                                                    will be valid for two years unless                                                                            Federal Regulations (CFR), this
                                                    revoked earlier by FMCSA.                               comments. FRA does not anticipate
                                                                                                            scheduling a public hearing in                        document provides the public notice
                                                      Issued on: October 2, 2017.                                                                                 that on September 19, 2017, Mount
                                                                                                            connection with these proceedings since
                                                    Larry W. Minor,
                                                                                                            the facts do not appear to warrant a                  Vernon Terminal Railway (MVT)
                                                    Associate Administrator for Policy.                     hearing. If any interested parties desire             petitioned the Federal Railroad
                                                    [FR Doc. 2017–21879 Filed 10–10–17; 8:45 am]            an opportunity for oral comment and a                 Administration (FRA) for a waiver of
                                                    BILLING CODE 4910–EX–P                                  public hearing, they should notify FRA,               compliance from certain provisions of
                                                                                                            in writing, before the end of the                     the Federal railroad safety regulations
                                                                                                            comment period and specify the basis                  contained at 49 CFR part 223. FRA
                                                    DEPARTMENT OF TRANSPORTATION                            for their request.                                    assigned the petition Docket Number
                                                                                                              All communications concerning these                 FRA–2007–29238.
                                                    Federal Railroad Administration                         proceedings should identify the                          Specifically, MVT seeks an extension
                                                                                                            appropriate docket number and may be                  of its existing waiver of compliance
                                                    [Docket Number FRA–2017–0096]                                                                                 from the glazing requirements of 49 CFR
                                                                                                            submitted by any of the following
                                                    Notice of Application for Approval To                   methods:                                              223.11, for one of its locomotives, MVT
                                                    Discontinue or Modify a Railroad                          • Web site: http://                                 1200. MVT states that locomotive MVT
                                                    Signal System                                           www.regulations.gov. Follow the online                1200 is used two to three times per
                                                                                                            instructions for submitting comments.                 week for a total of approximately two
                                                      Under part 235 of Title 49 of the Code                  • Fax: 202–493–2251.                                hours per week at speeds not exceeding
                                                    of Federal Regulations (CFR) and 49                       • Mail: Docket Operations Facility,                 10 miles per hour. MVT 1200 is used
                                                    U.S.C. 20502(a), this provides the public               U.S. Department of Transportation, 1200               exclusively for switching operations
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    notice that on September 1, 2017,                       New Jersey Avenue SE., W12–140,                       within yard limits, which includes
                                                    Norfolk Southern Corporation (NS)                       Washington, DC 20590.                                 about 0.5 miles of main track and 0.5
                                                    petitioned the Federal Railroad                           • Hand Delivery: 1200 New Jersey                    miles of side tracks and spurs.
                                                    Administration (FRA) seeking approval                   Avenue SE., Room W12–140,                                A copy of the petition, as well as any
                                                    to discontinue or modify a signal                       Washington, DC 20590, between 9 a.m.                  written communications concerning the
                                                    system. FRA assigned the petition                       and 5 p.m., Monday through Friday,                    petition, is available for review online at
                                                    Docket Number FRA–2017–0096.                            except Federal Holidays.                              www.regulations.gov and in person at
                                                      Applicant: Norfolk Southern                             Communications received by                          the U.S. Department of Transportation’s
                                                    Corporation, Mr. B.L. Sykes, Chief                      November 27, 2017 will be considered                  (DOT) Docket Operations Facility, 1200


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Document Created: 2018-10-25 09:59:59
Document Modified: 2018-10-25 09:59:59
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 renewal of exemptions; request for comments.
DatesThe exemptions were applicable on September 12, 2017. The exemptions expire on September 12, 2019. Comments must be received on or before November 13, 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 from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation82 FR 47314 

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