83_FR_12697 83 FR 12641 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

83 FR 12641 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 56 (March 22, 2018)

Page Range12641-12643
FR Document2018-05861

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

Federal Register, Volume 83 Issue 56 (Thursday, March 22, 2018)
[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Notices]
[Pages 12641-12643]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05861]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0050]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

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

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[[Page 12642]]

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

DATES: Comments must be received on or before April 23, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2018-0050 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, 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.

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 8:30 a.m. to 5 p.m., e.t., 
Monday through Friday, except Federal holidays. If you have questions 
regarding viewing or submitting material to the docket, contact Docket 
Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the FMCSRs for a five-year period if it finds ``such exemption 
would likely achieve a level of safety that is equivalent to or greater 
than the level that would be achieved absent such exemption.'' The 
statute also allows the Agency to renew exemptions at the end of the 
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 seven individuals listed in this notice have requested an 
exemption from the epilepsy and seizure disorders prohibition in 49 CFR 
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications 
of each applicant to determine whether granting the exemption will 
achieve the required level of safety mandated by statute.
    The physical qualification standard for drivers regarding epilepsy 
found in 49 CFR 391.41(b)(8) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of epilepsy or any other condition which 
is likely to cause the loss of consciousness or any loss of ability to 
control a CMV.
    In addition to the regulations, FMCSA has published advisory 
criteria \1\ to assist Medical Examiners in determining whether drivers 
with certain medical conditions are qualified to operate a CMV in 
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL 
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs 
3, 4, and 5.]
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    \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.thefederalregister.org/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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    The advisory criteria states the following:
    If an individual has had a sudden episode of a non-epileptic 
seizure or loss of consciousness of unknown cause that did not require 
anti-seizure medication, the decision whether that person's condition 
is likely to cause the loss of consciousness or loss of ability to 
control a CMV should be made on an individual basis by the Medical 
Examiner in consultation with the treating physician. Before 
certification is considered, it is suggested that a six-month waiting 
period elapse from the time of the episode. Following the waiting 
period, it is suggested that the individual have a complete 
neurological examination. If the results of the examination are 
negative and anti-seizure medication is not required, then the driver 
may be qualified.
    In those individual cases where a driver had a seizure or an 
episode of loss of consciousness that resulted from a known medical 
condition (e.g., drug reaction, high temperature, acute infectious 
disease, dehydration, or acute metabolic disturbance), certification 
should be deferred until the driver has recovered fully from that 
condition, has no existing residual complications, and is not taking 
anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure 
medication and seizure-free for 10 years, may be qualified to operate a 
CMV in interstate commerce. Interstate drivers with a history of a 
single unprovoked seizure may be qualified to drive a CMV in interstate 
commerce if seizure-free and off anti-seizure medication for a five-
year period or more.
    As a result of Medical Examiners misinterpreting advisory criteria 
as regulation, numerous drivers have been prohibited from operating a 
CMV in interstate commerce based on the fact that they have had one or 
more seizures and are taking anti-seizure medication, rather than an 
individual analysis of their circumstances by a qualified Medical 
Examiner based on the physical qualification standards and medical best 
practices.
    On January 15, 2013, FMCSA announced in a Notice of Final 
Disposition titled, Qualification of Drivers; Exemption Applications; 
Epilepsy and Seizure Disorders, (78 FR 3069), its decision to grant 
requests from 22 individuals for exemptions from the regulatory 
requirement that interstate CMV drivers have ``no established

[[Page 12643]]

medical history or clinical diagnosis of epilepsy or any other 
condition which is likely to cause loss of consciousness or any loss of 
ability to control a CMV.'' Since the January 15, 2013 notice, the 
Agency has published additional notices granting requests from 
individuals for exemptions from the regulatory requirement regarding 
epilepsy found in 49 CFR 391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure 
disorders prohibition in 49 CFR 391.41(b)(8), applicants must meet the 
criteria in the 2007 recommendations of the Agency's Medical Expert 
Panel (MEP) (78 FR 3069).

II. Qualifications of Applicants

Brian Lee Johnson

    Mr. Johnson, 59, has a history of generalized seizure disorder and 
has been seizure free since 1984. He takes anti-seizure medication, 
with the dosage and frequency remaining the same since 1984. His 
physician states that she is supportive of Mr. Johnson receiving an 
exemption.

Gerald Klein Jr.

    Mr. Klein, 43, has a history of epilepsy and has been seizure free 
since 2009. He takes anti-seizure medication, with the dosage and 
frequency remaining the same since 2009. His physician states that he 
is supportive of Mr. Klein receiving an exemption.

Shane W. Martinek

    Mr. Martinek, 40, has a history of seizure disorder and has been 
seizure free since 1991. He takes anti-seizure medication, with the 
dosage and frequency remaining the same since 1991. His physician 
states that he is supportive of Mr. Martinek receiving an exemption.

Sean P. Plover

    Mr. Plover, 29, has a history of provoked seizures and has been 
seizure free since 2006. He takes anti-seizure medication, with the 
dosage and frequency remaining the same since 2006. His physician 
states that he is supportive of Mr. Plover receiving an exemption.

Stephen M. Soden

    Mr. Soden, 27, has a history of epilepsy and has been seizure free 
since 2009. He takes anti-seizure medication, with the dosage and 
frequency remaining the same since 2015. His physician states that he 
is supportive of Mr. Soden receiving an exemption.

Leon A. Stannard

    Mr. Stannard, 70, has a history of a single unprovoked seizure and 
has been seizure free since 1980. He takes anti-seizure medication, 
with the dosage and frequency remaining the same since 1998. His 
physician states that he is supportive of Mr. Stannard receiving an 
exemption.

William P. Swick

    Mr. Swick, 63, has a history of a seizure disorder and has been 
seizure free since 2005. He takes anti-seizure medication, with the 
dosage and frequency remaining the same since 2009. His physician 
states that he is supportive of Mr. Swick receiving an exemption.

III. Request for Comments

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

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket number FMCSA-2018-0050 and click 
the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right hand side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. If you submit your comments by mail or 
hand delivery, submit them in an unbound format, no larger than 8\1/2\ 
by 11 inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the facility, 
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and materials received during the 
comment period. FMCSA may issue a final determination at any time after 
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2018-0050 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: March 16, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-05861 Filed 3-21-18; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                            Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices                                                  12641

                                               individuals would achieve a level of                    driving records from the State Driver’s               Richard L. Frueke (IL)
                                               safety equivalent to or greater than the                Licensing Agency (SDLA). Each                         Edison M. Garcia (MD)
                                               level that would be achieved by                         applicant’s record demonstrated a safe                Adam M. Hayes (CA)
                                               complying with the current regulation                   driving history. Based on an individual               Sean Hunt (TX)
                                               49 CFR 391.41(b)(11).                                   assessment of each applicant that                     Charles W. Jones (FL)
                                                  The physical qualification standard                  focused on whether an equal or greater                James T. Laughrey (KS)
                                               for drivers regarding hearing found in                  level of safety is likely to be achieved by           Jerrry L. Lewis (NC)
                                               49 CFR 391.41(b)(11) states that a                      permitting each of these drivers to drive             Michael Lidster (IL)
                                               person is physically qualified to driver                in interstate commerce as opposed to                  Stavros Likouris (OH)
                                               a CMV if that person first perceives a                  restricting him or her to driving in                  Adrian Lopez (TX)
                                               forced whispered voice in the better ear                intrastate commerce, the Agency                       Derrick J. Marceaux (LA)
                                               at not less than 5 feet with or without                 believes the drivers granted this                     John E. Mayhew (KS)
                                               the use of a hearing aid or, if tested by               exemption have demonstrated that they                 JeMichael McCot (LA)
                                               use of an audiometric device, does not                  do not pose a risk to public safety.                  Magdalene McLaughlin (MD)
                                               have an average hearing loss in the                       Consequently, FMCSA finds that in                   Pablo Muniz (FL)
                                               better ear greater than 40 decibels at 500              each case exempting these applicants                  Dario Novoa (FL)
                                               Hz, 1,000 Hz, and 2,000 Hz with or                      from the hearing standard in 49 CFR                   Hugo Paniagua (CA)
                                               without a hearing aid when the                          391.41(b)(11) is likely to achieve a level            Calvin Payne (MD)
                                               audiometric device is calibrated to                     of safety equal to that existing without              Joseph R. Piros (CA)
                                               American National Standard (formerly                    the exemption.                                        Michael Quinonez (TX)
                                               ASA Standard) Z24.5—1951.                                                                                     Kohn Saysanam (TX)
                                                  49 CFR 391.41(b)(11) was adopted in                  V. Conditions and Requirements
                                                                                                                                                             Jeffrey W. Schulkers (KY)
                                               1970, with a revision in 1971 to allow                     The terms and conditions of the                    Stephan W. Stotts (OH)
                                               drivers to be qualified under this                      exemption are provided to the                         Teddy Rosevelt Tice (NY)
                                               standard while wearing a hearing aid,                   applicants in the exemption document                  William Tassel (OH)
                                               35 FR 6458, 6463 (April 22, 1970) and                   and includes the following: (1) Each                  Daniel R. Taylor (AL)
                                               36 FR 12857 (July 3, 1971).                             driver must report any crashes or                     Jason C. Thomas (TX)
                                               III. Discussion of Comments                             accidents as defined in 49 CFR 390.5;                 Roderick B. Thomas (GA)
                                                                                                       (2) each driver must report all citations             Joshua Tinley (AZ)
                                                  FMCSA received no comments in this                   and convictions for disqualifying                     Carlos Torres (OH)
                                               proceeding.                                             offenses under 49 CFR part 383 and 49                 Allen Whitener (TX)
                                               IV. Basis for Exemption Determination                   CFR 391 to FMCSA; and (3) each driver                 Kerri M. Wright (OK)
                                                                                                       is prohibited from operating a                           In accordance with 49 U.S.C. 31315,
                                                  Under 49 U.S.C. 31136(e) and
                                                                                                       motorcoach or bus with passengers in                  each exemption will be valid for two
                                               31315(b), FMCSA may grant an
                                                                                                       interstate commerce. The driver must                  years from the effective date unless
                                               exemption from the hearing standard in
                                                                                                       also have a copy of the exemption when                revoked earlier by FMCSA. The
                                               49 CFR 391.41(b)(11) if the exemption is
                                                                                                       driving, for presentation to a duly                   exemption will be revoked if the
                                               likely to achieve an equivalent or greater
                                                                                                       authorized Federal, State, or local                   following occurs: (1) The person fails to
                                               level of safety than would be achieved
                                                                                                       enforcement official. In addition, the                comply with the terms and conditions
                                               without the exemption. The exemption
                                                                                                       exemption does not exempt the                         of the exemption; (2) the exemption has
                                               allows the applicants to operate CMVs
                                                                                                       individual from meeting the applicable                resulted in a lower level of safety than
                                               in interstate commerce.
                                                  The Agency’s decision regarding these                CDL testing requirements.                             was maintained prior to being granted;
                                               exemption applications is based on                      VI. Preemption                                        or (3) continuation of the exemption
                                               current medical information and                                                                               would not be consistent with the goals
                                                                                                          During the period the exemption is in
                                               literature, and the 2008 Evidence                                                                             and objectives of 49 U.S.C. 31136 and
                                                                                                       effect, no State shall enforce any law or
                                               Report, ‘‘Executive Summary on                                                                                31315.
                                                                                                       regulation that conflicts with this
                                               Hearing, Vestibular Function and                                                                                Issued on: March 16, 2018.
                                                                                                       exemption with respect to a person
                                               Commercial Motor Driving Safety.’’ The
                                                                                                       operating under the exemption.                        Larry W. Minor,
                                               evidence report reached two
                                                                                                                                                             Associate Administrator for Policy.
                                               conclusions regarding the matter of                     VII. Conclusion
                                                                                                                                                             [FR Doc. 2018–05862 Filed 3–21–18; 8:45 am]
                                               hearing loss and CMV driver safety: (1)                   Based upon its evaluation of the 46
                                               No studies that examined the                                                                                  BILLING CODE 4910–EX–P
                                                                                                       exemption applications, FMCSA
                                               relationship between hearing loss and                   exempts the following drivers from the
                                               crash risk exclusively among CMV                        hearing standard, 49 CFR 391.41(b)(11),               DEPARTMENT OF TRANSPORTATION
                                               drivers were identified; and (2) evidence               subject to the requirements cited above:
                                               from studies of the private driver’s                                                                          Federal Motor Carrier Safety
                                                                                                       David Alaniz (WO)
                                               license holder population does not                      Marion Bennett (MD)                                   Administration
                                               support the contention that individuals                 Gordon R. Boerner (ME)
                                               with hearing impairment are at an                                                                             [Docket No. FMCSA–2018–0050]
                                                                                                       Tom M. Booe (NE)
                                               increased risk for a crash. In addition,                Roy E. Bowers (GA)
                                               the Agency reviewed each applicant’s                                                                          Qualification of Drivers; Exemption
                                                                                                       Richard M. Davis (OH)
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                                               driving record found in the Commercial                                                                        Applications; Epilepsy and Seizure
                                                                                                       Rivera De Jesus (TX)                                  Disorders
                                               Driver’s License Information System                     Christian DeKnight (FL)
                                               (CDLIS), for commercial driver’s license                Richard Doi (AZ)                                      AGENCY: Federal Motor Carrier Safety
                                               (CDL) holders, and inspections recorded                 Trey Duncan (TX)                                      Administration (FMCSA), DOT.
                                               in the Motor Carrier Management                         Jean D. Dutes (FL)                                    ACTION: Notice of applications for
                                               Information System (MCMIS). For non-                    Edward Elertson (WO)                                  exemption; request for comments.
                                               CDL holders, the Agency reviewed the                    Stephan Eveland (FL)


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                                               12642                        Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices

                                               SUMMARY:    FMCSA announces receipt of                  comments, without edit, including any                 commerce. [49 CFR part 391,
                                               applications from seven individuals for                 personal information the commenter                    APPENDIX A TO PART 391—MEDICAL
                                               an exemption from the prohibition in                    provides, to http://www.regulations.gov,              ADVISORY CRITERIA, section H.
                                               the Federal Motor Carrier Safety                        as described in the system of records                 Epilepsy: § 391.41(b)(8), paragraphs 3, 4,
                                               Regulations (FMCSRs) against persons                    notice (DOT/ALL–14 FDMS), which can                   and 5.]
                                               with a clinical diagnosis of epilepsy or                be reviewed at http://www.dot.gov/                       The advisory criteria states the
                                               any other condition that is likely to                   privacy.                                              following:
                                               cause a loss of consciousness or any loss                                                                        If an individual has had a sudden
                                                                                                       FOR FURTHER INFORMATION CONTACT:     Ms.              episode of a non-epileptic seizure or
                                               of ability to control a commercial motor                Christine A. Hydock, Chief, Medical
                                               vehicle (CMV) to drive in interstate                                                                          loss of consciousness of unknown cause
                                                                                                       Programs Division, (202) 366–4001,                    that did not require anti-seizure
                                               commerce. If granted, the exemptions                    fmcsamedical@dot.gov, FMCSA,
                                               would enable these individuals who                                                                            medication, the decision whether that
                                                                                                       Department of Transportation, 1200                    person’s condition is likely to cause the
                                               have had one or more seizures and are                   New Jersey Avenue SE, Room W64–224,
                                               taking anti-seizure medication to                                                                             loss of consciousness or loss of ability
                                                                                                       Washington, DC 20590–0001. Office                     to control a CMV should be made on an
                                               operate CMVs in interstate commerce.                    hours are 8:30 a.m. to 5 p.m., e.t.,                  individual basis by the Medical
                                               DATES: Comments must be received on                     Monday through Friday, except Federal                 Examiner in consultation with the
                                               or before April 23, 2018.                               holidays. If you have questions                       treating physician. Before certification is
                                               ADDRESSES: You may submit comments                      regarding viewing or submitting                       considered, it is suggested that a six-
                                               bearing the Federal Docket Management                   material to the docket, contact Docket                month waiting period elapse from the
                                               System (FDMS) Docket No. FMCSA–                         Services, telephone (202) 366–9826.                   time of the episode. Following the
                                               2018–0050 using any of the following                    SUPPLEMENTARY INFORMATION:                            waiting period, it is suggested that the
                                               methods:                                                                                                      individual have a complete neurological
                                                 • Federal eRulemaking Portal: Go to                   I. Background
                                                                                                                                                             examination. If the results of the
                                               http://www.regulations.gov. Follow the                     Under 49 U.S.C. 31136(e) and 31315,                examination are negative and anti-
                                               online instructions for submitting                      FMCSA may grant an exemption from                     seizure medication is not required, then
                                               comments.                                               the FMCSRs for a five-year period if it               the driver may be qualified.
                                                 • Mail: Docket Management Facility;                   finds ‘‘such exemption would likely                      In those individual cases where a
                                               U.S. Department of Transportation, 1200                 achieve a level of safety that is                     driver had a seizure or an episode of
                                               New Jersey Avenue SE, West Building                     equivalent to or greater than the level               loss of consciousness that resulted from
                                               Ground Floor, Room W12–140,                             that would be achieved absent such                    a known medical condition (e.g., drug
                                               Washington, DC 20590–0001.                              exemption.’’ The statute also allows the              reaction, high temperature, acute
                                                 • Hand Delivery: West Building                        Agency to renew exemptions at the end                 infectious disease, dehydration, or acute
                                               Ground Floor, Room W12–140, 1200                        of the five-year period. FMCSA grants                 metabolic disturbance), certification
                                               New Jersey Avenue SE, Washington,                       exemptions from the FMCSRs for a two-                 should be deferred until the driver has
                                               DC, between 9 a.m. and 5 p.m., e.t.,                    year period to align with the maximum                 recovered fully from that condition, has
                                               Monday through Friday, except Federal                   duration of a driver’s medical                        no existing residual complications, and
                                               Holidays.                                               certification.                                        is not taking anti-seizure medication.
                                                 • Fax: 1–202–493–2251.                                   The seven individuals listed in this                  Drivers who have a history of
                                                  Instructions: Each submission must                   notice have requested an exemption                    epilepsy/seizures, off anti-seizure
                                               include the Agency name and the                         from the epilepsy and seizure disorders               medication and seizure-free for 10 years,
                                               docket number(s) for this notice. Note                  prohibition in 49 CFR 391.41(b)(8).                   may be qualified to operate a CMV in
                                               that all comments received will be                      Accordingly, the Agency will evaluate                 interstate commerce. Interstate drivers
                                               posted without change to http://                        the qualifications of each applicant to               with a history of a single unprovoked
                                               www.regulations.gov, including any                      determine whether granting the                        seizure may be qualified to drive a CMV
                                               personal information provided. Please                   exemption will achieve the required                   in interstate commerce if seizure-free
                                               see the Privacy Act heading below for                   level of safety mandated by statute.                  and off anti-seizure medication for a
                                               further information.                                       The physical qualification standard                five-year period or more.
                                                  Docket: For access to the docket to                  for drivers regarding epilepsy found in                  As a result of Medical Examiners
                                               read background documents or                            49 CFR 391.41(b)(8) states that a person              misinterpreting advisory criteria as
                                               comments, go to http://                                 is physically qualified to drive a CMV                regulation, numerous drivers have been
                                               www.regulations.gov at any time or                      if that person has no established                     prohibited from operating a CMV in
                                               Room W12–140 on the ground level of                     medical history or clinical diagnosis of              interstate commerce based on the fact
                                               the West Building, 1200 New Jersey                      epilepsy or any other condition which                 that they have had one or more seizures
                                               Avenue SE, Washington, DC, between 9                    is likely to cause the loss of                        and are taking anti-seizure medication,
                                               a.m. and 5 p.m., e.t., Monday through                   consciousness or any loss of ability to               rather than an individual analysis of
                                               Friday, except Federal holidays. The                    control a CMV.                                        their circumstances by a qualified
                                               FDMS is available 24 hours each day,                       In addition to the regulations, FMCSA              Medical Examiner based on the physical
                                               365 days each year. If you want                         has published advisory criteria 1 to                  qualification standards and medical best
                                               acknowledgment that we received your                    assist Medical Examiners in                           practices.
                                               comments, please include a self-                        determining whether drivers with                         On January 15, 2013, FMCSA
                                               addressed, stamped envelope or                          certain medical conditions are qualified              announced in a Notice of Final
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                                               postcard or print the acknowledgement                   to operate a CMV in interstate                        Disposition titled, Qualification of
                                               page that appears after submitting                                                                            Drivers; Exemption Applications;
                                               comments online.                                          1 See http://www.ecfr.gov/cgi-bin/text-idx?SID=     Epilepsy and Seizure Disorders, (78 FR
                                                  Privacy Act: In accordance with 5                    e47b48a9ea42dd67d999246e23d97970&                     3069), its decision to grant requests from
                                                                                                       mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_
                                               U.S.C. 553(c), DOT solicits comments                    171.a and https://www.gpo.gov/fdsys/pkg/CFR-
                                                                                                                                                             22 individuals for exemptions from the
                                               from the public to better inform its                    2015-title49-vol5/pdf/CFR-2015-title49-vol5-          regulatory requirement that interstate
                                               rulemaking process. DOT posts these                     part391-appA.pdf.                                     CMV drivers have ‘‘no established


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                                                                            Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices                                                  12643

                                               medical history or clinical diagnosis of                Leon A. Stannard                                      V. Viewing Comments and Documents
                                               epilepsy or any other condition which                                                                           To view comments, as well as any
                                               is likely to cause loss of consciousness                   Mr. Stannard, 70, has a history of a
                                                                                                       single unprovoked seizure and has been                documents mentioned in this preamble,
                                               or any loss of ability to control a CMV.’’                                                                    go to http://www.regulations.gov and in
                                               Since the January 15, 2013 notice, the                  seizure free since 1980. He takes anti-
                                                                                                       seizure medication, with the dosage and               the search box insert the docket number
                                               Agency has published additional                                                                               FMCSA–2018–0050 and click ‘‘Search.’’
                                               notices granting requests from                          frequency remaining the same since
                                                                                                       1998. His physician states that he is                 Next, click ‘‘Open Docket Folder’’ and
                                               individuals for exemptions from the                                                                           you will find all documents and
                                               regulatory requirement regarding                        supportive of Mr. Stannard receiving an
                                                                                                       exemption.                                            comments related to this notice.
                                               epilepsy found in 49 CFR 391.41(b)(8).
                                                                                                                                                               Issued on: March 16, 2018.
                                                  To be considered for an exemption                    William P. Swick
                                                                                                                                                             Larry W. Minor,
                                               from the epilepsy and seizure disorders                    Mr. Swick, 63, has a history of a                  Associate Administrator for Policy.
                                               prohibition in 49 CFR 391.41(b)(8),                     seizure disorder and has been seizure                 [FR Doc. 2018–05861 Filed 3–21–18; 8:45 am]
                                               applicants must meet the criteria in the                free since 2005. He takes anti-seizure
                                               2007 recommendations of the Agency’s                                                                          BILLING CODE 4910–EX–P
                                                                                                       medication, with the dosage and
                                               Medical Expert Panel (MEP) (78 FR                       frequency remaining the same since
                                               3069).                                                  2009. His physician states that he is                 DEPARTMENT OF TRANSPORTATION
                                               II. Qualifications of Applicants                        supportive of Mr. Swick receiving an
                                                                                                       exemption.                                            Federal Motor Carrier Safety
                                               Brian Lee Johnson                                                                                             Administration
                                                                                                       III. Request for Comments
                                                 Mr. Johnson, 59, has a history of                                                                           [Docket No. FMCSA–2018–0098]
                                               generalized seizure disorder and has                      In accordance with 49 U.S.C. 31136(e)
                                               been seizure free since 1984. He takes                  and 31315, FMCSA requests public                      Parts and Accessories Necessary for
                                               anti-seizure medication, with the dosage                comment from all interested persons on                Safe Operation; Application for an
                                               and frequency remaining the same since                  the exemption petitions described in                  Exemption From Traditional Trucking
                                               1984. His physician states that she is                  this notice. We will consider all                     Corporation
                                               supportive of Mr. Johnson receiving an                  comments received before the close of
                                                                                                       business on the closing date indicated                AGENCY: Federal Motor Carrier Safety
                                               exemption.                                                                                                    Administration (FMCSA), DOT.
                                                                                                       in the dates section of the notice.
                                               Gerald Klein Jr.                                                                                              ACTION: Notice of application for
                                                                                                       IV. Submitting Comments                               exemption; request for comments.
                                                 Mr. Klein, 43, has a history of                          You may submit your comments and
                                               epilepsy and has been seizure free since                                                                      SUMMARY:   The Federal Motor Carrier
                                                                                                       material online or by fax, mail, or hand              Safety Administration (FMCSA)
                                               2009. He takes anti-seizure medication,                 delivery, but please use only one of
                                               with the dosage and frequency                                                                                 requests public comment on an
                                                                                                       these means. FMCSA recommends that                    application for exemption from
                                               remaining the same since 2009. His                      you include your name and a mailing
                                               physician states that he is supportive of                                                                     Traditional Trucking Corporation (TTC)
                                                                                                       address, an email address, or a phone                 to allow a Global Positioning System
                                               Mr. Klein receiving an exemption.                       number in the body of your document                   (GPS) device to be mounted on the
                                               Shane W. Martinek                                       so that FMCSA can contact you if there                interior of the windshield of a
                                                                                                       are questions regarding your                          commercial motor vehicle (CMV) within
                                                  Mr. Martinek, 40, has a history of                   submission.                                           the areas allowed for ‘‘vehicle safety
                                               seizure disorder and has been seizure                      To submit your comment online, go to               technology’’ devices. The Federal Motor
                                               free since 1991. He takes anti-seizure                  http://www.regulations.gov and in the                 Carrier Safety Regulations (FMCSR)
                                               medication, with the dosage and                         search box insert the docket number                   require devices using ‘‘vehicle safety
                                               frequency remaining the same since                      FMCSA–2018–0050 and click the search                  technology’’ to be mounted (A) not more
                                               1991. His physician states that he is                   button. When the new screen appears,                  than 4 inches below the upper edge of
                                               supportive of Mr. Martinek receiving an                 click on the blue ‘‘Comment Now!’’                    the area swept by the windshield
                                               exemption.                                              button on the right hand side of the                  wipers, or (B) not more than 7 inches
                                               Sean P. Plover                                          page. On the new page, enter                          above the lower edge of the area swept
                                                                                                       information required including the                    by the windshield wipers, and (C)
                                                  Mr. Plover, 29, has a history of                     specific section of this document to                  outside the driver’s sight lines to the
                                               provoked seizures and has been seizure                  which each comment applies, and                       road and highway signs and signals.
                                               free since 2006. He takes anti-seizure                  provide a reason for each suggestion or               GPS is not considered a ‘‘vehicle safety
                                               medication, with the dosage and                         recommendation. If you submit your                    technology’’ under the definition in the
                                               frequency remaining the same since                      comments by mail or hand delivery,                    regulation, and as such, GPS devices are
                                               2006. His physician states that he is                   submit them in an unbound format, no                  not permitted to be mounted on the
                                               supportive of Mr. Plover receiving an                   larger than 81⁄2 by 11 inches, suitable for           interior of the windshield and within
                                               exemption.                                              copying and electronic filing. If you                 the area swept by the windshield
                                                                                                       submit comments by mail and would                     wipers. TTC believes that the exemption
                                               Stephen M. Soden
                                                                                                       like to know that they reached the                    will maintain a level of safety that is
daltland on DSKBBV9HB2PROD with NOTICES




                                                 Mr. Soden, 27, has a history of                       facility, please enclose a stamped, self-             equivalent to, or greater than, the level
                                               epilepsy and has been seizure free since                addressed postcard or envelope.                       of safety achieved without the
                                               2009. He takes anti-seizure medication,                    We will consider all comments and                  exemption because the GPS device is
                                               with the dosage and frequency                           materials received during the comment                 approximately the same size as vehicle
                                               remaining the same since 2015. His                      period. FMCSA may issue a final                       safety technology devices, and the
                                               physician states that he is supportive of               determination at any time after the close             current mounting location is much
                                               Mr. Soden receiving an exemption.                       of the comment period.                                lower in the vehicle which causes the


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Document Created: 2018-03-22 01:25:09
Document Modified: 2018-03-22 01:25:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of applications for exemption; request for comments.
DatesComments must be received on or before April 23, 2018.
ContactMs. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation83 FR 12641 

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