82 FR 58251 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 236 (December 11, 2017)

Page Range		58251-58252
FR Document		2017-26594

FMCSA announces its decision to renew exemptions for three 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 236 (Monday, December 11, 2017)

[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Notices]
[Pages 58251-58252]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26594]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0381; FMCSA-2014-0382; FMCSA-2015-0115]


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 renew exemptions for three 
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 June 10, 2017. The exemptions 
expire on June 10, 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., ET, 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 September 18, 2017, FMCSA published a notice announcing its 
decision to renew exemptions for three 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 43652). The public comment period ended on October 18, 2017 and no 
comments were received.
    As stated in the previous notice, FMCSA has evaluated the 
eligibility of these applicants and determined that renewing these 
exemptions would achieve a level of safety equivalent to or greater 
than the level that would be achieved by complying with the current 
regulation 49 CFR 391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy 
found in 49 CFR 391.41(b)(8) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of epilepsy or any other condition which 
is likely to cause the loss of consciousness or any loss of ability to 
control a CMV.
    In addition to the regulations, FMCSA has published advisory 
criteria to assist Medical Examiners in determining whether drivers 
with certain medical conditions are qualified to operate a CMV in 
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL 
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs 
3, 4, and 5.]

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based upon its evaluation of the three renewal exemption 
applications, FMCSA announces its' decision to exempt the following 
drivers from the epilepsy and seizure disorders prohibition in 49 CFR 
391.41(b)(8):

Monte J. DeRocini (PA)
Teddy H. Dixon (GA)
Bryan R. Jones (PA)

    The drivers were included in docket number FMCSA-2014-0381; FMCSA-
2014-0382; FMCSA-2015-0115. Their exemptions are applicable as of June 
10, 2017, and will expire on June 10, 2019.

[[Page 58252]]

    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: December 4, 2017.
Larry W. Minor,
Associate Administrator for Policy .
[FR Doc. 2017-26594 Filed 12-8-17; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices 58251

Delmar W. Daoust (FL) DEPARTMENT OF TRANSPORTATION comments, without edit, including any
Cameron D. Ferguson (TX) personal information the commenter
Federal Motor Carrier Safety provides, to http://www.regulations.gov,
George W. Huwe (PA) Administration as described in the system of records
Kevin R. Kerrigan (MI) notice (DOT/ALL–14 FDMS), which can
[Docket No. FMCSA–2014–0381; FMCSA–
William E. Naeve (CO) 2014–0382; FMCSA–2015–0115] be reviewed at http://www.dot.gov/
Kenneth E. Gilreath (OH) had other privacy.
medical conditions making the Qualification of Drivers; Exemption II. Background
applicant otherwise unqualified under Applications; Epilepsy and Seizure
the FMCSRs. Disorders On September 18, 2017, FMCSA
published a notice announcing its
The following two applicants did not AGENCY: Federal Motor Carrier Safety decision to renew exemptions for three
have endocrinologists willing to make Administration (FMCSA), DOT. individuals from the epilepsy and
statements that they are able to operate ACTION: Notice of final disposition. seizure disorders prohibition in 49 CFR
CMVs from a diabetes standpoint: 391.41(b)(8) to operate a CMV in
David A. Martin (IL) SUMMARY: FMCSA announces its interstate commerce and requested
decision to renew exemptions for three comments from the public (82 FR
Amy L. Purvis (WI)
individuals from the requirement in the 43652). The public comment period
Michael L. Hawkins (GA) had other Federal Motor Carrier Safety ended on October 18, 2017 and no
miscellaneous reasons making the Regulations (FMCSRs) that interstate comments were received.
applicant otherwise unqualified under commercial motor vehicle (CMV) As stated in the previous notice,
the FMCSRs. drivers have ‘‘no established medical FMCSA has evaluated the eligibility of
Glenn A. Bauer (SK) currently resides history or clinical diagnosis of epilepsy these applicants and determined that
in Canada. He is not eligible because the or any other condition which is likely renewing these exemptions would
Federal exemption is for drivers to cause loss of consciousness or any achieve a level of safety equivalent to or
operating only in the United States. loss of ability to control a CMV.’’ The greater than the level that would be
Patrick L. Beasley (AR) has peripheral exemptions enable these individuals achieved by complying with the current
neuropathy or circulatory insufficiency who have had one or more seizures and regulation 49 CFR 391.41(b)(8).
of the extremities likely to interfere with are taking anti-seizure medication to The physical qualification standard
his ability to operate a CMV. continue to operate CMVs in interstate for drivers regarding epilepsy found in
commerce. 49 CFR 391.41(b)(8) states that a person
The following four applicants did not
DATES: The exemptions were applicable is physically qualified to drive a CMV
meet the minimum age criteria outlined
in 49 CFR 391.41(b)(1) which states that on June 10, 2017. The exemptions if that person has no established
an individual must be at least 21 years expire on June 10, 2019. medical history or clinical diagnosis of
old to operate a CMV in interstate FOR FURTHER INFORMATION CONTACT: Ms. epilepsy or any other condition which
commerce: Christine A. Hydock, Chief, Medical is likely to cause the loss of
Programs Division, (202) 366–4001, consciousness or any loss of ability to
Drake C. Comer (VA) fmcsamedical@dot.gov, FMCSA, control a CMV.
Melissa A. Laskowski (NY) Department of Transportation, 1200 In addition to the regulations, FMCSA
Matthew T.S. Odell (OH) New Jersey Avenue SE., Room W64– has published advisory criteria to assist
Cameron M. Simpson (CA) 224, Washington, DC 20590–0001. Medical Examiners in determining
Office hours are from 8:30 a.m. to 5 whether drivers with certain medical
The following 15 applicants were p.m., ET, Monday through Friday, conditions are qualified to operate a
exempt from the diabetes standard: except Federal holidays. If you have CMV in interstate commerce. [49 CFR
David L. Balcom (MO) questions regarding viewing or part 391, APPENDIX A TO PART 391—
submitting material to the docket, MEDICAL ADVISORY CRITERIA,
Michael G. Brown (MD)
contact Docket Services, telephone (202) section H. Epilepsy: § 391.41(b)(8),
Perry C. Browning (OR) 366–9826. paragraphs 3, 4, and 5.]
Jeffery A. Cooper (IN) SUPPLEMENTARY INFORMATION: III. Discussion of Comments
Steven T. Dolar (CA)
I. Electronic Access FMCSA received no comments in this
Marsha S. Dunn (NC)
You may see all the comments online proceeding.
Melody F. Levi (IL)
through the Federal Document IV. Conclusion
Jason R. Maunz (OH) Management System (FDMS) at: http://
Cindy L. Murphy (OK) www.regulations.gov. Based upon its evaluation of the three
Docket: For access to the docket to renewal exemption applications,
Blake A. Nylund (WA)
read background documents or FMCSA announces its’ decision to
Thomas F. Rinn (CO) exempt the following drivers from the
Joshua J. Rodman (CT) comments, go to http://
www.regulations.gov and/or Room epilepsy and seizure disorders
Mary A. Satterfield (TN) W12–140 on the ground level of the prohibition in 49 CFR 391.41(b)(8):
Earl T. Smith (MT) West Building, 1200 New Jersey Avenue Monte J. DeRocini (PA)
daltland on DSKBBV9HB2PROD with NOTICES

Tesfaye Tekle (TX) SE., Washington, DC, between 9 a.m. Teddy H. Dixon (GA)
and 5 p.m., ET, Monday through Friday, Bryan R. Jones (PA)
Issued on: December 4, 2017. except Federal holidays. The drivers were included in docket
Larry W. Minor, Privacy Act: In accordance with 5 number FMCSA–2014–0381; FMCSA–
Associate Administrator for Policy. U.S.C. 553(c), DOT solicits comments 2014–0382; FMCSA–2015–0115. Their
[FR Doc. 2017–26585 Filed 12–8–17; 8:45 am] from the public to better inform its exemptions are applicable as of June 10,
BILLING CODE 4910–EX–P rulemaking process. DOT posts these 2017, and will expire on June 10, 2019.

VerDate Sep<11>2014 17:54 Dec 08, 2017 Jkt 244001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\11DEN1.SGM 11DEN1

58252 Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices

In accordance with 49 U.S.C. 31315, Docket: For access to the docket to The Agency’s decision regarding these
each exemption will be valid for two read background documents or exemption applications is based on the
years from the effective date unless comments, go to http:// program eligibility criteria and an
revoked earlier by FMCSA. The www.regulations.gov and/or Room individualized assessment of
exemption will be revoked if the W12–140 on the ground level of the information submitted by each
following occurs: (1) The person fails to West Building, 1200 New Jersey Avenue applicant. The qualifications,
comply with the terms and conditions SE., Washington, DC, between 9 a.m. experience, and medical condition of
of the exemption; (2) the exemption has and 5 p.m., ET, Monday through Friday, each applicant were stated and
resulted in a lower level of safety than except Federal holidays. discussed in detail in the September 18,
was maintained prior to being granted; Privacy Act: In accordance with 5 2017, Federal Register notice (82 FR
or (3) continuation of the exemption U.S.C. 553(c), DOT solicits comments 43642) and will not be repeated in this
would not be consistent with the goals from the public to better inform its notice.
and objectives of 49 U.S.C. 31136 and rulemaking process. DOT posts these These 37 applicants have had ITDM
31315. comments, without edit, including any over a range of one to 38 years. These
personal information the commenter applicants report no severe
Issued on: December 4, 2017.
provides, to http://www.regulations.gov, hypoglycemic reactions resulting in loss
Larry W. Minor, of consciousness or seizure, requiring
as described in the system of records
Associate Administrator for Policy . the assistance of another person, or
notice (DOT/ALL–14 FDMS), which can
[FR Doc. 2017–26594 Filed 12–8–17; 8:45 am] be reviewed at http://www.dot.gov/ resulting in impaired cognitive function
BILLING CODE 4910–EX–P privacy. that occurred without warning
symptoms, in the past 12 months and no
II. Background recurrent (two or more) severe
DEPARTMENT OF TRANSPORTATION On September 18, 2017, FMCSA hypoglycemic episodes in the past five
published a notice announcing receipt years. In each case, an endocrinologist
Federal Motor Carrier Safety of applications from 37 individuals verified that the driver has
Administration requesting an exemption from diabetes demonstrated a willingness to properly
[FMCSA Docket No. FMCSA–2017–0233] requirement in 49 CFR 391.41(b)(3) and monitor and manage his/her diabetes
requested comments from the public (82 mellitus, received education related to
Qualification of Drivers; Exemption FR 43642). The public comment period diabetes management, and is on a stable
Applications; Diabetes Mellitus ended on October 18, 2017, and one insulin regimen. These drivers report no
comment was received. other disqualifying conditions,
AGENCY: Federal Motor Carrier Safety
FMCSA has evaluated the eligibility including diabetes related
Administration (FMCSA), DOT.
of these applicants and determined that complications. Each meets the vision
ACTION: Notice of final disposition. requirement at 49 CFR 391.41(b)(10).
granting the exemptions to these
SUMMARY: FMCSA announces its individuals would achieve a level of Consequently, FMCSA finds that in
decision to exempt 37 individuals from safety equivalent to or greater than the each case exempting these applicants
the prohibition in the Federal Motor level that would be achieved by from the diabetes requirement in 49 CFR
Carrier Safety Regulations (FMCSRs) complying with the current regulation 391.41(b)(3) is likely to achieve a level
against persons with insulin-treated 49 CFR 391.41(b)(3). of safety equal to that existing without
The physical qualification standard the exemption.
diabetes mellitus (ITDM) from operating
a commercial motor vehicle (CMV) in for drivers regarding diabetes found in V. Conditions and Requirements
interstate commerce. The exemptions 49 CFR 391.41(b)(3) states that a person
is physically qualified to drive a CMV The terms and conditions of the
enable these individuals with ITDM to exemption are provided to the
operate CMVs in interstate commerce. if that person has no established
medical history or clinical diagnosis of applicants in the exemption document
DATES: The exemptions were applicable and includes the following: (1) Each
diabetes mellitus currently requiring
on October 19, 2017. The exemptions driver must submit a quarterly
insulin for control.
expire on October 19, 2019. monitoring checklist completed by the
FOR FURTHER INFORMATION CONTACT: Ms. III. Discussion of Comments treating endocrinologist as well as an
Christine A. Hydock, Chief, Medical FMCSA received one comment in this annual checklist with a comprehensive
Programs Division, (202) 366–4001, proceeding. Brian Weaver stated that if medical evaluation; (2) each driver must
fmcsamedical@dot.gov, FMCSA, the drivers have their diabetes in check report within two business days of
Department of Transportation, 1200 the exemption will be fine. FMCSA has occurrence, all episodes of severe
New Jersey Avenue SE., Room W64– requirements that all diabetes applicants hypoglycemia, significant
224, Washington, DC 20590–0001. must meet to obtain a Federal Diabetes complications, or inability to manage
Office hours are from 8:30 a.m. to 5 Exemption. All of the listed applicants diabetes; also, any involvement in an
p.m., ET, Monday through Friday, on this Federal Register have met those accident or any other adverse event in
except Federal holidays. If you have requirements. a CMV or personal vehicle, whether or
questions regarding viewing or not it is related to an episode of
submitting material to the docket, IV. Basis for Exemption Determination hypoglycemia; (3) each driver must
contact Docket Services, telephone (202) Under 49 U.S.C. 31136(e) and 31315, provide a copy of the ophthalmologist’s
366–9826. FMCSA may grant an exemption from or optometrist’s report to the Medical
daltland on DSKBBV9HB2PROD with NOTICES

SUPPLEMENTARY INFORMATION: the diabetes standard in 49 CFR Examiner at the time of the annual
391.41(b)(3) if the exemption is likely to medical examination; and (4) each
I. Electronic Access achieve an equivalent or greater level of driver must provide a copy of the
You may see all the comments online safety than would be achieved without annual medical certification to the
through the Federal Document the exemption. The exemption allows employer for retention in the driver’s
Management System (FDMS) at: http:// the applicants to operate CMVs in qualification file, or keeping a copy in
www.regulations.gov. interstate commerce. his/her driver’s qualification file if he/

VerDate Sep<11>2014 17:54 Dec 08, 2017 Jkt 244001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\11DEN1.SGM 11DEN1

Document Created: 2017-12-09 01:49:46
Document Modified: 2017-12-09 01:49:46

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 June 10, 2017. The exemptions expire on June 10, 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 58251

82 FR 58251 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 236 (December 11, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration