83_FR_17958 83 FR 17879 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

83 FR 17879 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 79 (April 24, 2018)

Page Range17879-17880
FR Document2018-08508

FMCSA announces receipt of applications from eight 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 79 (Tuesday, April 24, 2018)
[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Notices]
[Pages 17879-17880]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08508]



[[Page 17879]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0051]


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.

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

SUMMARY: FMCSA announces receipt of applications from eight 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 May 24, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2018-0051 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 eight 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.]
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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,

[[Page 17880]]

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 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

Steven H. Ford

    Mr. Ford is a 59-year-old Class D driver in Wisconsin. He has a 
history of epilepsy and has been seizure free since 1995. He takes 
anti-seizure medication, with the dosage and frequency remaining the 
same since 1995. His physician states that he is supportive of Mr. Ford 
receiving an exemption.

Scott Habeck

    Mr. Habeck is a 55-year-old Class A3 driver in South Dakota. He has 
a history of epilepsy 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. 
Habeck receiving an exemption.

Nathan E. Kanouff

    Mr. Kanouff is a 37-year-old Class AM driver in Georgia. He 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 2013. His physician states that he is supportive of Mr. 
Kanouff receiving an exemption.

Richard L. Kienel, Jr.

    Mr. Kienel is a 36-year-old Class C driver in Georgia. He has a 
history of a seizure disorder and has been seizure free since 1999. He 
takes anti-seizure medication, with the dosage and frequency remaining 
the same since 2013. His physician states that he is supportive of Mr. 
Kienel receiving an exemption.

Joe L. King, Jr.

    Mr. King is a 49-year-old Class C driver in North Carolina. He has 
a history of a single provoked seizure and has been seizure free since 
2017. He stopped taking anti-seizure medication in 2017. His physician 
states that he is supportive of Mr. King receiving an exemption.

Daniel L. Martin

    Mr. Martin is a 39-year-old Class B driver in Iowa. He has a 
history of a single unprovoked seizure and has been seizure free since 
1994. He stopped taking anti-seizure medication in 1997. His physician 
states that he is supportive of Mr. Martin receiving an exemption.

Phillip Moore

    Mr. Moore is a 57-year-old Class A driver in Connecticut. He has a 
history of a single unprovoked seizure and has been seizure free since 
2013. He takes anti-seizure medication, with the dosage and frequency 
remaining the same since 2013. His physician states that he is 
supportive of Mr. Moore receiving an exemption.

Joshua Thomas

    Mr. Thomas is a 29-year-old Class D driver in Minnesota. He has a 
history of a seizure disorder and has been seizure free since 2010. He 
takes anti-seizure medication, with the dosage and frequency remaining 
the same since 2012. His physician states that he is supportive of Mr. 
Thomas 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-2018-0051 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-2018-0051 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: April 18, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08508 Filed 4-23-18; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                              Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices                                                  17879

                                               DEPARTMENT OF TRANSPORTATION                            Avenue SE, Washington, DC, between 9                  is likely to cause the loss of
                                                                                                       a.m. and 5 p.m., e.t., Monday through                 consciousness or any loss of ability to
                                               Federal Motor Carrier Safety                            Friday, except Federal holidays. The                  control a CMV.
                                               Administration                                          FDMS is available 24 hours each day,                     In addition to the regulations, FMCSA
                                                                                                       365 days each year. If you want                       has published advisory criteria 1 to
                                               [Docket No. FMCSA–2018–0051]
                                                                                                       acknowledgment that we received your                  assist Medical Examiners in
                                               Qualification of Drivers; Exemption                     comments, please include a self-                      determining whether drivers with
                                               Applications; Epilepsy and Seizure                      addressed, stamped envelope or                        certain medical conditions are qualified
                                               Disorders                                               postcard or print the acknowledgement                 to operate a CMV in interstate
                                                                                                       page that appears after submitting                    commerce. [49 CFR part 391,
                                               AGENCY: Federal Motor Carrier Safety                    comments online.                                      APPENDIX A TO PART 391—MEDICAL
                                               Administration (FMCSA), DOT.                              Privacy Act: In accordance with 5                   ADVISORY CRITERIA, section H.
                                               ACTION: Notice of applications for                      U.S.C. 553(c), DOT solicits comments                  Epilepsy: § 391.41(b)(8), paragraphs 3, 4,
                                               exemption; request for comments.                        from the public to better inform its                  and 5.]
                                                                                                       rulemaking process. DOT posts these                      The advisory criteria states the
                                               SUMMARY:    FMCSA announces receipt of                  comments, without edit, including any                 following:
                                               applications from eight individuals for                 personal information the commenter                       If an individual has had a sudden
                                               an exemption from the prohibition in                    provides, to http://www.regulations.gov,              episode of a non-epileptic seizure or
                                               the Federal Motor Carrier Safety                        as described in the system of records                 loss of consciousness of unknown cause
                                               Regulations (FMCSRs) against persons                    notice (DOT/ALL–14 FDMS), which can                   that did not require anti-seizure
                                               with a clinical diagnosis of epilepsy or                be reviewed at http://www.dot.gov/                    medication, the decision whether that
                                               any other condition that is likely to                   privacy.                                              person’s condition is likely to cause the
                                               cause a loss of consciousness or any loss                                                                     loss of consciousness or loss of ability
                                                                                                       FOR FURTHER INFORMATION CONTACT:     Ms.              to control a CMV should be made on an
                                               of ability to control a commercial motor
                                                                                                       Christine A. Hydock, Chief, Medical                   individual basis by the Medical
                                               vehicle (CMV) to drive in interstate
                                                                                                       Programs Division, (202) 366–4001,                    Examiner in consultation with the
                                               commerce. If granted, the exemptions
                                                                                                       fmcsamedical@dot.gov, FMCSA,                          treating physician. Before certification is
                                               would enable these individuals who
                                                                                                       Department of Transportation, 1200                    considered, it is suggested that a six-
                                               have had one or more seizures and are
                                                                                                       New Jersey Avenue SE, Room W64–224,                   month waiting period elapse from the
                                               taking anti-seizure medication to
                                                                                                       Washington, DC 20590–0001. Office                     time of the episode. Following the
                                               operate CMVs in interstate commerce.
                                                                                                       hours are 8:30 a.m. to 5 p.m., e.t.,                  waiting period, it is suggested that the
                                               DATES: Comments must be received on                     Monday through Friday, except Federal                 individual have a complete neurological
                                               or before May 24, 2018.                                 holidays. If you have questions                       examination. If the results of the
                                               ADDRESSES: You may submit comments                      regarding viewing or submitting                       examination are negative and anti-
                                               bearing the Federal Docket Management                   material to the docket, contact Docket                seizure medication is not required, then
                                               System (FDMS) Docket No. FMCSA–                         Services, telephone (202) 366–9826.                   the driver may be qualified.
                                               2018–0051 using any of the following                    SUPPLEMENTARY INFORMATION:                               In those individual cases where a
                                               methods:                                                                                                      driver had a seizure or an episode of
                                                 • Federal eRulemaking Portal: Go to                   I. Background                                         loss of consciousness that resulted from
                                               http://www.regulations.gov. Follow the                     Under 49 U.S.C. 31136(e) and 31315,                a known medical condition (e.g., drug
                                               online instructions for submitting                      FMCSA may grant an exemption from                     reaction, high temperature, acute
                                               comments.                                               the FMCSRs for a five-year period if it               infectious disease, dehydration, or acute
                                                 • Mail: Docket Management Facility;                   finds ‘‘such exemption would likely                   metabolic disturbance), certification
                                               U.S. Department of Transportation, 1200                 achieve a level of safety that is                     should be deferred until the driver has
                                               New Jersey Avenue SE, West Building                     equivalent to or greater than the level               recovered fully from that condition, has
                                               Ground Floor, Room W12–140,                             that would be achieved absent such                    no existing residual complications, and
                                               Washington, DC 20590–0001.                              exemption.’’ The statute also allows the              is not taking anti-seizure medication.
                                                 • Hand Delivery: West Building                        Agency to renew exemptions at the end                    Drivers who have a history of
                                               Ground Floor, Room W12–140, 1200                        of the five-year period. FMCSA grants                 epilepsy/seizures, off anti-seizure
                                               New Jersey Avenue SE, Washington,                       exemptions from the FMCSRs for a two-                 medication and seizure-free for 10 years,
                                               DC, between 9 a.m. and 5 p.m., e.t.,                    year period to align with the maximum                 may be qualified to operate a CMV in
                                               Monday through Friday, except Federal                   duration of a driver’s medical                        interstate commerce. Interstate drivers
                                               Holidays.                                               certification.                                        with a history of a single unprovoked
                                                 • Fax: 1–202–493–2251.                                   The eight individuals listed in this               seizure may be qualified to drive a CMV
                                                 Instructions: Each submission must                    notice have requested an exemption                    in interstate commerce if seizure-free
                                               include the Agency name and the                         from the epilepsy and seizure disorders               and off anti-seizure medication for a
                                               docket number(s) for this notice. Note                  prohibition in 49 CFR 391.41(b)(8).                   five-year period or more.
                                               that all comments received will be                      Accordingly, the Agency will evaluate                    As a result of Medical Examiners
                                               posted without change to http://                        the qualifications of each applicant to               misinterpreting advisory criteria as
                                               www.regulations.gov, including any                      determine whether granting the                        regulation, numerous drivers have been
                                               personal information provided. Please                   exemption will achieve the required                   prohibited from operating a CMV in
                                               see the Privacy Act heading below for                   level of safety mandated by statute.                  interstate commerce based on the fact
daltland on DSKBBV9HB2PROD with NOTICES




                                               further information.                                       The physical qualification standard                that they have had one or more seizures
                                                 Docket: For access to the docket to                   for drivers regarding epilepsy found in               and are taking anti-seizure medication,
                                               read background documents or                            49 CFR 391.41(b)(8) states that a person
                                                                                                                                                               1 See http://www.ecfr.gov/cgi-bin/text-idx?SID=
                                               comments, go to http://                                 is physically qualified to drive a CMV
                                                                                                                                                             e47b48a9ea42dd67d999246e23d97970&mc=true&
                                               www.regulations.gov at any time or                      if that person has no established                     node=pt49.5.391&rgn=div5#ap49.5.391_171.a and
                                               Room W12–140 on the ground level of                     medical history or clinical diagnosis of              https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-
                                               the West Building, 1200 New Jersey                      epilepsy or any other condition which                 vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.



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                                               17880                          Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices

                                               rather than an individual analysis of                   medication, with the dosage and                          To submit your comment online, go to
                                               their circumstances by a qualified                      frequency remaining the same since                    http://www.regulations.gov and in the
                                               Medical Examiner based on the physical                  2013. His physician states that he is                 search box insert the docket number
                                               qualification standards and medical best                supportive of Mr. Kienel receiving an                 FMCSA–2018–0051 and click the search
                                               practices.                                              exemption.                                            button. When the new screen appears,
                                                  On January 15, 2013, FMCSA                                                                                 click on the blue ‘‘Comment Now!’’
                                               announced in a Notice of Final                          Joe L. King, Jr.                                      button on the right hand side of the
                                               Disposition titled, Qualification of                      Mr. King is a 49-year-old Class C                   page. On the new page, enter
                                               Drivers; Exemption Applications;                        driver in North Carolina. He has a                    information required including the
                                               Epilepsy and Seizure Disorders, (78 FR                  history of a single provoked seizure and              specific section of this document to
                                               3069), its decision to grant requests from              has been seizure free since 2017. He                  which each comment applies, and
                                               22 individuals for exemptions from the                  stopped taking anti-seizure medication                provide a reason for each suggestion or
                                               regulatory requirement that interstate                  in 2017. His physician states that he is              recommendation. If you submit your
                                               CMV drivers have ‘‘no established                       supportive of Mr. King receiving an                   comments by mail or hand delivery,
                                               medical history or clinical diagnosis of                exemption.                                            submit them in an unbound format, no
                                               epilepsy or any other condition which                                                                         larger than 81⁄2 by 11 inches, suitable for
                                               is likely to cause loss of consciousness                Daniel L. Martin
                                                                                                                                                             copying and electronic filing. If you
                                               or any loss of ability to control a CMV.’’                Mr. Martin is a 39-year-old Class B                 submit comments by mail and would
                                               Since the January 15, 2013 notice, the                  driver in Iowa. He has a history of a                 like to know that they reached the
                                               Agency has published additional                         single unprovoked seizure and has been                facility, please enclose a stamped, self-
                                               notices granting requests from                          seizure free since 1994. He stopped                   addressed postcard or envelope.
                                               individuals for exemptions from the                     taking anti-seizure medication in 1997.                  We will consider all comments and
                                               regulatory requirement regarding                        His physician states that he is                       materials received during the comment
                                               epilepsy found in 49 CFR 391.41(b)(8).                  supportive of Mr. Martin receiving an                 period. FMCSA may issue a final
                                                  To be considered for an exemption                    exemption.                                            determination at any time after the close
                                               from the epilepsy and seizure disorders                                                                       of the comment period.
                                               prohibition in 49 CFR 391.41(b)(8),                     Phillip Moore
                                               applicants must meet the criteria in the                  Mr. Moore is a 57-year-old Class A                  V. Viewing Comments and Documents
                                               2007 recommendations of the Agency’s                    driver in Connecticut. He has a history                 To view comments, as well as any
                                               Medical Expert Panel (MEP) (78 FR                       of a single unprovoked seizure and has                documents mentioned in this preamble,
                                               3069).                                                  been seizure free since 2013. He takes                go to http://www.regulations.gov and in
                                                                                                       anti-seizure medication, with the dosage              the search box insert the docket number
                                               II. Qualifications of Applicants
                                                                                                       and frequency remaining the same since                FMCSA–2018–0051 and click ‘‘Search.’’
                                               Steven H. Ford                                          2013. His physician states that he is                 Next, click ‘‘Open Docket Folder’’ and
                                                 Mr. Ford is a 59-year-old Class D                     supportive of Mr. Moore receiving an                  you will find all documents and
                                               driver in Wisconsin. He has a history of                exemption.                                            comments related to this notice.
                                               epilepsy and has been seizure free since                Joshua Thomas                                           Issued on: April 18, 2018.
                                               1995. He takes anti-seizure medication,                                                                       Larry W. Minor,
                                               with the dosage and frequency                              Mr. Thomas is a 29-year-old Class D
                                                                                                                                                             Associate Administrator for Policy.
                                               remaining the same since 1995. His                      driver in Minnesota. He has a history of
                                                                                                                                                             [FR Doc. 2018–08508 Filed 4–23–18; 8:45 am]
                                               physician states that he is supportive of               a seizure disorder and has been seizure
                                                                                                                                                             BILLING CODE 4910–EX–P
                                               Mr. Ford receiving an exemption.                        free since 2010. He takes anti-seizure
                                                                                                       medication, with the dosage and
                                               Scott Habeck                                            frequency remaining the same since
                                                                                                                                                             DEPARTMENT OF TRANSPORTATION
                                                  Mr. Habeck is a 55-year-old Class A3                 2012. His physician states that he is
                                               driver in South Dakota. He has a history                supportive of Mr. Thomas receiving an                 Federal Motor Carrier Safety
                                               of epilepsy and has been seizure free                   exemption.                                            Administration
                                               since 2006. He takes anti-seizure                       III. Request for Comments                             [Docket No. FMCSA–2017–0255]
                                               medication, with the dosage and
                                               frequency remaining the same since                        In accordance with 49 U.S.C. 31136(e)
                                                                                                       and 31315, FMCSA requests public                      Qualification of Drivers; Exemption
                                               2006. His physician states that he is                                                                         Applications; Epilepsy and Seizure
                                               supportive of Mr. Habeck receiving an                   comment from all interested persons on
                                                                                                       the exemption petitions described in                  Disorders
                                               exemption.
                                                                                                       this notice. We will consider all                     AGENCY: Federal Motor Carrier Safety
                                               Nathan E. Kanouff                                       comments received before the close of                 Administration (FMCSA), DOT.
                                                 Mr. Kanouff is a 37-year-old Class AM                 business on the closing date indicated                ACTION: Notice of denials.
                                               driver in Georgia. He has a history of                  in the dates section of the notice.
                                               epilepsy and has been seizure free since                                                                      SUMMARY:   FMCSA announces its
                                                                                                       IV. Submitting Comments                               decision to deny applications from 28
                                               2009. He takes anti-seizure medication,
                                               with the dosage and frequency                             You may submit your comments and                    individuals who requested an
                                               remaining the same since 2013. His                      material online or by fax, mail, or hand              exemption from the Federal Motor
                                               physician states that he is supportive of               delivery, but please use only one of                  Carrier Safety Regulations (FMCSRs)
daltland on DSKBBV9HB2PROD with NOTICES




                                               Mr. Kanouff receiving an exemption.                     these means. FMCSA recommends that                    prohibiting persons with a clinical
                                                                                                       you include your name and a mailing                   diagnosis of epilepsy or any other
                                               Richard L. Kienel, Jr.                                  address, an email address, or a phone                 condition that is likely to cause a loss
                                                  Mr. Kienel is a 36-year-old Class C                  number in the body of your document                   of consciousness or any loss of ability to
                                               driver in Georgia. He has a history of a                so that FMCSA can contact you if there                operate a commercial motor vehicle
                                               seizure disorder and has been seizure                   are questions regarding your                          (CMV) from operating CMVs in
                                               free since 1999. He takes anti-seizure                  submission.                                           interstate commerce.


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Document Created: 2018-04-24 00:39:12
Document Modified: 2018-04-24 00:39:12
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 May 24, 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 17879 

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