83 FR 15213 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 68 (April 9, 2018)

Page Range		15213-15213
FR Document		2018-07190

FMCSA announces its decision to renew exemptions for six 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 83 Issue 68 (Monday, April 9, 2018)

[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Notices]
[Page 15213]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07190]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-2014-0382; FMCSA-2015-0115; FMCSA-2015-0119]


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 six 
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 December 16, 2017. The 
exemptions expire on December 16, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, 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.

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., e.t., 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 January 31, 2018, FMCSA published a notice announcing its 
decision to renew exemptions for six 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 (83 FR 
4546). The public comment period ended on March 2, 2018, 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 six 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):
Robert J. Forney (WI)
Curtis A. Hartman (MD)
Wendell F. Headley, Jr. (MO)
Michael W. Ketchum (MI)
Marion F. Legg, Jr. (MD)
Chance J. O'Mary (AK)
    The drivers were included in docket numbers FMCSA-2014-0382; FMCSA-
2015-0115; FMCSA-2015-0119. Their exemptions are applicable as of 
December 16, 2017, and will expire on December 16, 2019.
    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: April 2, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-07190 Filed 4-6-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15213

Cornelius Clark (OH) exemptions enable these individuals The physical qualification standard
Ronald J. Danielson (MN) who have had one or more seizures and for drivers regarding epilepsy found in
Mark A.L. Givan (AR) are taking anti-seizure medication to 49 CFR 391.41(b)(8) states that a person
Lyle C. Hatfield (MI) continue to operate CMVs in interstate is physically qualified to drive a CMV
Brian C. Hosea (OR) commerce. if that person has no established
James Middlebrook, III (OH) DATES: The exemptions were applicable medical history or clinical diagnosis of
Thomas B. Miller (VA) on December 16, 2017. The exemptions epilepsy or any other condition which
Keith E. Moran (RI) expire on December 16, 2019. is likely to cause the loss of
Christopher R. Pearson (MN) FOR FURTHER INFORMATION CONTACT: Ms. consciousness or any loss of ability to
John C. Plaster (IN) Christine A. Hydock, Chief, Medical control a CMV.
Glenn E. Rausch (MD) Programs Division, (202) 366–4001, In addition to the regulations, FMCSA
Ricardo P. Salazar (NM) fmcsamedical@dot.gov, FMCSA, has published advisory criteria to assist
Seann D. Sampson (FL) Department of Transportation, 1200 Medical Examiners in determining
Alex Shirvani (NY) New Jersey Avenue SE, Room W64–224,
Cameron M. Simpson (CA) whether drivers with certain medical
Washington, DC 20590–0001. Office
Phillip J. Sobczak (WI) conditions are qualified to operate a
hours are from 8:30 a.m. to 5 p.m., e.t.,
Christoph Trimblett (NJ) CMV in interstate commerce. [49 CFR
Monday through Friday, except Federal
Martin L. Veitz (PA) part 391, APPENDIX A TO PART 391—
holidays. If you have questions
Kenneth W. West (OH) regarding viewing or submitting MEDICAL ADVISORY CRITERIA,
Rodney J. Woods (AL) material to the docket, contact Docket section H. Epilepsy: § 391.41(b)(8),
Timothy A. Zimmerman (IN) Services, telephone (202) 366–9826. paragraphs 3, 4, and 5.]
In accordance with 49 U.S.C. 31136(e) SUPPLEMENTARY INFORMATION: III. Discussion of Comments
and 31315, each exemption will be valid
I. Electronic Access FMCSA received no comments in this
for two years from the effective date
unless revoked earlier by FMCSA. The You may see all the comments online proceeding.
exemption will be revoked if the through the Federal Document
Management System (FDMS) at: http:// IV. Conclusion
following occurs: (1) The person fails to
comply with the terms and conditions www.regulations.gov. Based upon its evaluation of the six
of the exemption; (2) the exemption has Docket: For access to the docket to renewal exemption applications,
resulted in a lower level of safety than read background documents or
FMCSA announces its’ decision to
was maintained prior to being granted; comments, go to http://
exempt the following drivers from the
or (3) continuation of the exemption www.regulations.gov and/or Room
epilepsy and seizure disorders
would not be consistent with the goals W12–140 on the ground level of the
West Building, 1200 New Jersey Avenue prohibition in 49 CFR 391.41 (b)(8):
and objectives of 49 U.S.C. 31136(e) and
SE, Washington, DC, between 9 a.m. and Robert J. Forney (WI)
31315.
5 p.m., e.t., Monday through Friday, Curtis A. Hartman (MD)
Issued on: April 2, 2018. except Federal holidays.
Larry W. Minor, Privacy Act: In accordance with 5 Wendell F. Headley, Jr. (MO)
Associate Administrator for Policy. U.S.C. 553(c), DOT solicits comments Michael W. Ketchum (MI)
[FR Doc. 2018–07203 Filed 4–6–18; 8:45 am] from the public to better inform its Marion F. Legg, Jr. (MD)
BILLING CODE 4910–EX–P rulemaking process. DOT posts these
comments, without edit, including any Chance J. O’Mary (AK)
personal information the commenter The drivers were included in docket
DEPARTMENT OF TRANSPORTATION provides, to http://www.regulations.gov, numbers FMCSA–2014–0382; FMCSA–
as described in the system of records 2015–0115; FMCSA–2015–0119. Their
Federal Motor Carrier Safety notice (DOT/ALL–14 FDMS), which can exemptions are applicable as of
Administration be reviewed at http://www.dot.gov/ December 16, 2017, and will expire on
[Docket Nos. FMCSA–2014–0382; FMCSA– privacy. December 16, 2019.
2015–0115; FMCSA–2015–0119] II. Background In accordance with 49 U.S.C. 31315,
On January 31, 2018, FMCSA each exemption will be valid for two
Qualification of Drivers; Exemption years from the effective date unless
Applications; Epilepsy and Seizure published a notice announcing its
decision to renew exemptions for six revoked earlier by FMCSA. The
Disorders exemption will be revoked if the
individuals from the epilepsy and
AGENCY: Federal Motor Carrier Safety seizure disorders prohibition in 49 CFR following occurs: (1) The person fails to
Administration (FMCSA), DOT. 391.41(b)(8) to operate a CMV in comply with the terms and conditions
ACTION: Notice of final disposition. interstate commerce and requested of the exemption; (2) the exemption has
comments from the public (83 FR 4546). resulted in a lower level of safety than
SUMMARY: FMCSA announces its The public comment period ended on was maintained prior to being granted;
decision to renew exemptions for six March 2, 2018, and no comments were or (3) continuation of the exemption
individuals from the requirement in the received. would not be consistent with the goals
Federal Motor Carrier Safety and objectives of 49 U.S.C. 31136 and
sradovich on DSK3GMQ082PROD with NOTICES

As stated in the previous notice,
Regulations (FMCSRs) that interstate FMCSA has evaluated the eligibility of 31315.
commercial motor vehicle (CMV) these applicants and determined that Issued on: April 2, 2018.
drivers have ‘‘no established medical renewing these exemptions would
Larry W. Minor,
history or clinical diagnosis of epilepsy achieve a level of safety equivalent to or
or any other condition which is likely greater than the level that would be Associate Administrator for Policy.
to cause loss of consciousness or any achieved by complying with the current [FR Doc. 2018–07190 Filed 4–6–18; 8:45 am]
loss of ability to control a CMV.’’ The regulation 49 CFR 391.41(b)(8). BILLING CODE 4910–EX–P

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00089 Fmt 4703 Sfmt 9990 E:\FR\FM\09APN1.SGM 09APN1

Document Created: 2018-04-07 02:38:53
Document Modified: 2018-04-07 02:38:53

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 December 16, 2017. The exemptions expire on December 16, 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., 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 Citation		83 FR 15213

83 FR 15213 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 68 (April 9, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration