83 FR 18624 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 82 (April 27, 2018)

Page Range		18624-18626
FR Document		2018-08917

FMCSA announces its decision to renew exemptions for three individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' The exemptions enable these individuals who have had one or more seizures and are taking anti- seizure medication to continue to operate CMVs in interstate commerce.

Federal Register, Volume 83 Issue 82 (Friday, April 27, 2018)

[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Notices]
[Pages 18624-18626]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08917]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-2013-0107; FMCSA-2013-0109; FMCSA-2015-0119]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

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

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

SUMMARY: FMCSA announces its decision to renew exemptions for three 
individuals from the requirement in the Federal Motor Carrier Safety 
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) 
drivers have ``no established medical history or clinical diagnosis of 
epilepsy or any other condition which is likely to cause loss of 
consciousness or any

[[Page 18625]]

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 February 14, 2018. The 
exemptions expire on February 14, 2020. Comments must be received on or 
before May 29, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, 202-366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0107; FMCSA-2013-0109; 
FMCSA-2015-0119 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., 
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number(s) for this notice. Note that all comments received will 
be posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day e.t., 
365 days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for five years if it finds ``such exemption would likely achieve a 
level of safety that is equivalent to or greater than the level that 
would be achieved absent such exemption.'' The statute also allows the 
Agency to renew exemptions at the end of the five-year period. FMCSA 
grants exemptions from the FMCSRs for a two-year period to align with 
the maximum duration of a driver's medical certification.
    The physical qualification standard for drivers regarding epilepsy 
found in 49 CFR 391.41(b)(8) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of epilepsy or any other condition which 
is likely to cause the loss of consciousness or any loss of ability to 
control a CMV.
    In addition to the regulations, FMCSA has published advisory 
criteria to assist Medical Examiners in determining whether drivers 
with certain medical conditions are qualified to operate a CMV in 
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL 
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs 
3, 4, and 5.]
    The three individuals listed in this notice have requested renewal 
of their exemptions from the epilepsy and seizure disorders prohibition 
in 49 CFR 391.41(b)(8), in accordance with FMCSA procedures. 
Accordingly, FMCSA has evaluated these applications for renewal on 
their merits and decided to extend each exemption for a renewable two-
year period.

II. Request for Comments

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

III. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315, each of the three 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the epilepsy and seizure disorders prohibition. The 
three drivers in this notice remain in good standing with the Agency, 
have maintained their medical monitoring and have not exhibited any 
medical issues that would compromise their ability to safely operate a 
CMV during the previous two-year exemption period. In addition, for 
Commercial Driver's License (CDL) holders, the Commercial Driver's 
License Information System (CDLIS) and the Motor Carrier Management 
Information System (MCMIS) are searched for crash and violation data. 
For non-CDL holders, the Agency reviews the driving records from the 
State Driver's Licensing Agency (SDLA). These factors provide an 
adequate basis for predicting each driver's ability to continue to 
safely operate a CMV in interstate commerce. Therefore, FMCSA concludes 
that extending the exemption for each renewal applicant for a period of 
two years is likely to achieve a level of safety equal to that existing 
without the exemption.
    As of February 14, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following three individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers:

Gregory L. Hrutkay, (PA)
John Johnson, (WI)
George K. Webb, (MA).

    The drivers were included in docket number FMCSA-2013-0107; FMCSA-
2013-0109; FMCSA-2015-0119. Their exemptions are applicable as of 
February 14, 2018, and will expire on February 14, 2020.

IV. Conditions and Requirements

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

[[Page 18626]]

driver must undergo an annual medical examination by a certified 
Medical Examiner, as defined by 49 CFR 390.5; and (4) each driver must 
provide a copy of the annual medical certification to the employer for 
retention in the driver's qualification file, or keep a copy of his/her 
driver's qualification file if he/she is self-employed. The driver must 
also have a copy of the exemption when driving, for presentation to a 
duly authorized Federal, State, or local enforcement official. The 
exemption will be rescinded if: (1) The person fails to comply with the 
terms and conditions of the exemption; (2) the exemption has resulted 
in a lower level of safety than was maintained before it was granted; 
or (3) continuation of the exemption would not be consistent with the 
goals and objectives of 49 U.S.C. 31136(e) and 31315.

V. Preemption

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

VI. Conclusion

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

    Issued on: April 23, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08917 Filed 4-26-18; 8:45 am]
 BILLING CODE 4910-EX-P

18624 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices

comments, without edit, including any II. Request for Comments commerce. The driver must also have a
personal information the commenter Interested parties or organizations copy of the exemption when driving, for
provides, to http://www.regulations.gov, possessing information that would presentation to a duly authorized
as described in the system of records otherwise show that any, or all, of these Federal, State, or local enforcement
notice (DOT/ALL–14 FDMS), which can drivers are not currently achieving the official. In addition, the exemption does
be reviewed at http://www.dot.gov/ statutory level of safety should not exempt the individual from meeting
privacy. immediately notify FMCSA. The the applicable CDL testing
Agency will evaluate any adverse requirements. Each exemption will be
FOR FURTHER INFORMATION CONTACT: Ms.
evidence submitted and, if safety is valid for two years unless rescinded
Christine A. Hydock, Chief, Medical
being compromised or if continuation of earlier by FMCSA. The exemption will
Programs Division, 202–366–4001,
the exemption would not be consistent be rescinded if: (1) The person fails to
fmcsamedical@dot.gov, FMCSA,
with the goals and objectives of 49 comply with the terms and conditions
Department of Transportation, 1200
U.S.C. 31136(e) and 31315, FMCSA will of the exemption; (2) the exemption has
New Jersey Avenue SE, Room W64–224,
take immediate steps to revoke the resulted in a lower level of safety than
Washington, DC 20590–0001. Office
exemption of a driver. was maintained before it was granted; or
hours are from 8:30 a.m. to 5 p.m., e.t.,
(3) continuation of the exemption would
Monday through Friday, except Federal III. Basis for Renewing Exemptions not be consistent with the goals and
holidays. If you have questions
In accordance with 49 U.S.C. 31136(e) objectives of 49 U.S.C. 31136(e) and
regarding viewing or submitting
and 31315, each of the 3 applicants has 31315.
material to the docket, contact Docket
Services, telephone (202) 366–9826. satisfied the renewal conditions for V. Preemption
obtaining an exemption from the
SUPPLEMENTARY INFORMATION: During the period the exemption is in
hearing requirement. The 3 drivers in
effect, no State shall enforce any law or
I. Background this notice remain in good standing with
regulation that conflicts with this
the Agency. In addition, for Commercial
Under 49 U.S.C. 31136(e) and 31315, exemption with respect to a person
Driver’s License (CDL) holders, the
FMCSA may grant an exemption for five operating under the exemption.
Commercial Driver’s License
years if it finds ‘‘such exemption would Information System (CDLIS) and the VI. Conclusion
likely achieve a level of safety that is Motor Carrier Management Information
equivalent to or greater than the level Based upon its evaluation of the 3
System (MCMIS) are searched for crash exemption applications, FMCSA renews
that would be achieved absent such and violation data. For non-CDL
exemption.’’ The statute also allows the the exemptions of the aforementioned
holders, the Agency reviews the driving drivers from the hearing requirement in
Agency to renew exemptions at the end records from the State Driver’s
of the five-year period. FMCSA grants 49 CFR 391.41 (b)(11). In accordance
Licensing Agency (SDLA). These factors with 49 U.S.C. 31136(e) and 31315, each
exemptions from the FMCSRs for a two- provide an adequate basis for predicting
year period to align with the maximum exemption will be valid for two years
each driver’s ability to continue to unless revoked earlier by FMCSA.
duration of a driver’s medical safely operate a CMV in interstate
certification. commerce. Therefore, FMCSA Issued on: April 23, 2018.
The physical qualification standard concludes that extending the exemption Larry W. Minor,
for drivers regarding hearing found in for each of these drivers for a period of Associate Administrator for Policy.
49 CFR 391.41(b)(11) states that a two years is likely to achieve a level of [FR Doc. 2018–08908 Filed 4–26–18; 8:45 am]
person is physically qualified to driver safety equal to that existing without the BILLING CODE 4910–EX–P
a CMV if that person first perceives a exemption.
forced whispered voice in the better ear As of March 27, 2018, and in
at not less than 5 feet with or without accordance with 49 U.S.C. 31136(e) and DEPARTMENT OF TRANSPORTATION
the use of a hearing aid or, if tested by 31315, the following 3 individuals have
use of an audiometric device, does not Federal Motor Carrier Safety
satisfied the renewal conditions for
have an average hearing loss in the Administration
obtaining an exemption from the
better ear greater than 40 decibels at 500 hearing requirement in the FMCSRs for [Docket Nos. FMCSA–2013–0107; FMCSA–
Hz, 1,000 Hz, and 2,000 Hz with or interstate CMV drivers: Marquarius 2013–0109; FMCSA–2015–0119]
without a hearing aid when the Boyd, (MS); Keith Craig Drown, (ID);
audiometric device is calibrated to and James Gooch, (KS). Qualification of Drivers; Exemption
American National Standard (formerly The drivers were included in docket Applications; Epilepsy and Seizure
ASA Standard) Z24.5—1951. numbers FMCSA–2013–0124 and Disorders
49 CFR 391.41(b)(11) was adopted in FMCSA–2013–0125. Their exemptions AGENCY: Federal Motor Carrier Safety
1970, with a revision in 1971 to allow are applicable as of March 27, 2018, and Administration (FMCSA), DOT.
drivers to be qualified under this will expire on March 27, 2020. ACTION: Notice of renewal of
standard while wearing a hearing aid,
IV. Conditions and Requirements exemptions; request for comments.
35 FR 6458, 6463 (April 22, 1970) and
36 FR 12857 (July 3, 1971). The exemptions are extended subject SUMMARY: FMCSA announces its
The 3 individuals listed in this notice to the following conditions: (1) Each decision to renew exemptions for three
have requested renewal of their driver must report any crashes or individuals from the requirement in the
daltland on DSKBBV9HB2PROD with NOTICES

exemptions from the hearing standard accidents as defined in 49 CFR 390.5; Federal Motor Carrier Safety
in 49 CFR 391.41(b)(11), in accordance and (2) report all citations and Regulations (FMCSRs) that interstate
with FMCSA procedures. Accordingly, convictions for disqualifying offenses commercial motor vehicle (CMV)
FMCSA has evaluated these under 49 CFR part 383 and 49 CFR 391 drivers have ‘‘no established medical
applications for renewal on their merits to FMCSA; and (3) each driver history or clinical diagnosis of epilepsy
and decided to extend each exemption prohibited from operating a motorcoach or any other condition which is likely
for a renewable two-year period. or bus with passengers in interstate to cause loss of consciousness or any

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Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices 18625

loss of ability to control a CMV.’’ The addressed, stamped envelope or evidence submitted and, if safety is
exemptions enable these individuals postcard or print the acknowledgement being compromised or if continuation of
who have had one or more seizures and page that appears after submitting the exemption would not be consistent
are taking anti-seizure medication to comments online. with the goals and objectives of 49
continue to operate CMVs in interstate Privacy Act: In accordance with 5 U.S.C. 31136(e) and 31315, FMCSA will
commerce. U.S.C. 553(c), DOT solicits comments take immediate steps to revoke the
DATES: The exemptions were applicable from the public to better inform its exemption of a driver.
on February 14, 2018. The exemptions rulemaking process. DOT posts these
comments, without edit, including any III. Basis for Renewing Exemptions
expire on February 14, 2020. Comments
must be received on or before May 29, personal information the commenter In accordance with 49 U.S.C. 31136(e)
2018. provides, to http://www.regulations.gov, and 31315, each of the three applicants
as described in the system of records has satisfied the renewal conditions for
FOR FURTHER INFORMATION CONTACT: Ms.
notice (DOT/ALL–14 FDMS), which can obtaining an exemption from the
Christine A. Hydock, Chief, Medical
be reviewed at http://www.dot.gov/ epilepsy and seizure disorders
Programs Division, 202–366–4001,
privacy. prohibition. The three drivers in this
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 I. Background notice remain in good standing with the
New Jersey Avenue SE, Room W64–224, Agency, have maintained their medical
Under 49 U.S.C. 31136(e) and 31315, monitoring and have not exhibited any
Washington, DC 20590–0001. Office FMCSA may grant an exemption for five
hours are from 8:30 a.m. to 5 p.m., e.t., medical issues that would compromise
years if it finds ‘‘such exemption would their ability to safely operate a CMV
Monday through Friday, except Federal likely achieve a level of safety that is
holidays. If you have questions during the previous two-year exemption
equivalent to or greater than the level period. In addition, for Commercial
regarding viewing or submitting that would be achieved absent such
material to the docket, contact Docket Driver’s License (CDL) holders, the
exemption.’’ The statute also allows the Commercial Driver’s License
Services, telephone (202) 366–9826. Agency to renew exemptions at the end Information System (CDLIS) and the
ADDRESSES: You may submit comments of the five-year period. FMCSA grants Motor Carrier Management Information
bearing the Federal Docket Management exemptions from the FMCSRs for a two- System (MCMIS) are searched for crash
System (FDMS) Docket No. FMCSA– year period to align with the maximum and violation data. For non-CDL
2013–0107; FMCSA–2013–0109; duration of a driver’s medical holders, the Agency reviews the driving
FMCSA–2015–0119 using any of the certification. records from the State Driver’s
following methods: The physical qualification standard Licensing Agency (SDLA). These factors
• Federal eRulemaking Portal: Go to for drivers regarding epilepsy found in provide an adequate basis for predicting
http://www.regulations.gov. Follow the 49 CFR 391.41(b)(8) states that a person each driver’s ability to continue to
online instructions for submitting is physically qualified to drive a CMV safely operate a CMV in interstate
comments. if that person has no established commerce. Therefore, FMCSA
• Mail: Docket Management Facility; medical history or clinical diagnosis of concludes that extending the exemption
U.S. Department of Transportation, 1200 epilepsy or any other condition which for each renewal applicant for a period
New Jersey Avenue SE, West Building is likely to cause the loss of of two years is likely to achieve a level
Ground Floor, Room W12–140, consciousness or any loss of ability to of safety equal to that existing without
Washington, DC 20590–0001. control a CMV.
• Hand Delivery: West Building the exemption.
In addition to the regulations, FMCSA As of February 14, 2018, and in
Ground Floor, Room W12–140, 1200 has published advisory criteria to assist
New Jersey Avenue SE, Washington, accordance with 49 U.S.C. 31136(e) and
Medical Examiners in determining 31315, the following three individuals
DC, between 9 a.m. and 5 p.m., e.t., whether drivers with certain medical
Monday through Friday, except Federal have satisfied the renewal conditions for
conditions are qualified to operate a obtaining an exemption from the
Holidays. CMV in interstate commerce. [49 CFR
• Fax: 1–202–493–2251. epilepsy and seizure disorders
part 391, APPENDIX A TO PART 391— prohibition in the FMCSRs for interstate
Instructions: Each submission must MEDICAL ADVISORY CRITERIA,
include the Agency name and the CMV drivers:
section H. Epilepsy: § 391.41(b)(8),
docket number(s) for this notice. Note paragraphs 3, 4, and 5.] Gregory L. Hrutkay, (PA)
that all comments received will be The three individuals listed in this John Johnson, (WI)
posted without change to http:// notice have requested renewal of their George K. Webb, (MA).
www.regulations.gov, including any exemptions from the epilepsy and The drivers were included in docket
personal information provided. Please seizure disorders prohibition in 49 CFR number FMCSA–2013–0107; FMCSA–
see the Privacy Act heading below for 391.41(b)(8), in accordance with 2013–0109; FMCSA–2015–0119. Their
further information. FMCSA procedures. Accordingly, exemptions are applicable as of
Docket: For access to the docket to FMCSA has evaluated these February 14, 2018, and will expire on
read background documents or applications for renewal on their merits February 14, 2020.
comments, go to http:// and decided to extend each exemption
www.regulations.gov at any time or IV. Conditions and Requirements
for a renewable two-year period.
Room W12–140 on the ground level of The exemptions are extended subject
the West Building, 1200 New Jersey II. Request for Comments to the following conditions: (1) Each
daltland on DSKBBV9HB2PROD with NOTICES

Avenue SE, Washington, DC, between 9 Interested parties or organizations driver must remain seizure-free and
a.m. and 5 p.m., e.t., Monday through possessing information that would maintain a stable treatment during the
Friday, except Federal holidays. The otherwise show that any, or all, of these two-year exemption period; (2) each
FDMS is available 24 hours each day drivers are not currently achieving the driver must submit annual reports from
e.t., 365 days each year. If you want statutory level of safety should their treating physicians attesting to the
acknowledgment that we received your immediately notify FMCSA. The stability of treatment and that the driver
comments, please include a self- Agency will evaluate any adverse has remained seizure-free; (3) each

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18626 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices

driver must undergo an annual medical enable these individuals with ITDM to if that person has no established
examination by a certified Medical operate CMVs in interstate commerce. medical history or clinical diagnosis of
Examiner, as defined by 49 CFR 390.5; DATES: The exemptions were applicable diabetes mellitus currently requiring
and (4) each driver must provide a copy on March 17, 2018. The exemptions insulin for control.
of the annual medical certification to expire on March 17, 2020. III. Discussion of Comments
the employer for retention in the FOR FURTHER INFORMATION CONTACT: Ms.
driver’s qualification file, or keep a copy FMCSA received one comment in this
Christine A. Hydock, Chief, Medical
of his/her driver’s qualification file if proceeding. Vicky Johnson stated that
Programs Division, (202) 366–4001,
he/she is self-employed. The driver the Minnesota Driver and Vehicle
fmcsamedical@dot.gov, FMCSA,
must also have a copy of the exemption Services (DVS) has no objections in
Department of Transportation, 1200
when driving, for presentation to a duly granting exemptions to the following
New Jersey Avenue SE, Room W64–224,
authorized Federal, State, or local Minnesota drivers: Deavan T. Jones,
Washington, DC 20590–0001. Office
enforcement official. The exemption Sandra K. Kostka, and Todd D. Rue.
hours are from 8:30 a.m. to 5 p.m., e.t.,
will be rescinded if: (1) The person fails Monday through Friday, except Federal IV. Basis for Exemption Determination
to comply with the terms and holidays. If you have questions
conditions of the exemption; (2) the Under 49 U.S.C. 31136(e) and 31315,
regarding viewing or submitting FMCSA may grant an exemption from
exemption has resulted in a lower level material to the docket, contact Docket
of safety than was maintained before it the diabetes standard in 49 CFR
Services, telephone (202) 366–9826. 391.41(b)(3) if the exemption is likely to
was granted; or (3) continuation of the
SUPPLEMENTARY INFORMATION: achieve an equivalent or greater level of
exemption would not be consistent with
the goals and objectives of 49 U.S.C. I. Electronic Access safety than would be achieved without
31136(e) and 31315. the exemption. The exemption allows
You may see all the comments online the applicants to operate CMVs in
V. Preemption through the Federal Document interstate commerce.
Management System (FDMS) at: http:// The Agency’s decision regarding these
During the period the exemption is in
www.regulations.gov. exemption applications is based on the
effect, no State shall enforce any law or
Docket: For access to the docket to program eligibility criteria and an
regulation that conflicts with this
read background documents or individualized assessment of
exemption with respect to a person
comments, go to http:// information submitted by each
operating under the exemption.
www.regulations.gov and/or Room applicant. The qualifications,
VI. Conclusion W12–140 on the ground level of the experience, and medical condition of
Based upon its evaluation of the three West Building, 1200 New Jersey Avenue each applicant were stated and
exemption applications, FMCSA renews SE, Washington, DC, between 9 a.m. and discussed in detail in the February 14,
the exemptions of the aforementioned 5 p.m., e.t., Monday through Friday, 2018, Federal Register notice (83 FR
drivers from the epilepsy and seizure except Federal holidays. 6704) and will not be repeated in this
disorders prohibition in 49 CFR 391.41 Privacy Act: In accordance with 5 notice.
(b)(8). In accordance with 49 U.S.C. U.S.C. 553(c), DOT solicits comments These 51 applicants have had ITDM
31136(e) and 31315, each exemption from the public to better inform its over a range of 1 to 41 years. These
will be valid for two years unless rulemaking process. DOT posts these applicants report no severe
revoked earlier by FMCSA. comments, without edit, including any hypoglycemic reactions resulting in loss
personal information the commenter of consciousness or seizure, requiring
Issued on: April 23, 2018. provides, to http://www.regulations.gov, the assistance of another person, or
Larry W. Minor, as described in the system of records resulting in impaired cognitive function
Associate Administrator for Policy. notice (DOT/ALL–14 FDMS), which can that occurred without warning
[FR Doc. 2018–08917 Filed 4–26–18; 8:45 am] be reviewed at http://www.dot.gov/ symptoms, in the past 12 months and no
BILLING CODE 4910–EX–P privacy. recurrent (two or more) severe
II. Background hypoglycemic episodes in the past five
years. In each case, an endocrinologist
DEPARTMENT OF TRANSPORTATION On February 14, 2018, FMCSA verified that the driver has
published a notice announcing receipt demonstrated a willingness to properly
Federal Motor Carrier Safety of applications from 51 individuals monitor and manage his/her diabetes
Administration requesting an exemption from diabetes mellitus, received education related to
requirement in 49 CFR 391.41(b)(3) and diabetes management, and is on a stable
[FMCSA Docket No. FMCSA–2017–0290] requested comments from the public (83 insulin regimen. These drivers report no
Qualification of Drivers; Exemption FR 6704). The public comment period other disqualifying conditions,
Applications; Diabetes Mellitus ended on March 16, 2017, and one including diabetes related
comment was received. complications. Each meets the vision
AGENCY: Federal Motor Carrier Safety FMCSA has evaluated the eligibility requirement at 49 CFR 391.41(b)(10).
Administration (FMCSA), DOT. of these applicants and determined that Consequently, FMCSA finds that in
ACTION: Notice of final disposition. granting the exemptions to these each case exempting these applicants
individuals would achieve a level of from the diabetes requirement in 49 CFR
SUMMARY: FMCSA announces its safety equivalent to or greater than the 391.41(b)(3) is likely to achieve a level
daltland on DSKBBV9HB2PROD with NOTICES

decision to exempt 51 individuals from level that would be achieved by of safety equal to that existing without
the prohibition in the Federal Motor complying with the current regulation the exemption.
Carrier Safety Regulations (FMCSRs) 49 CFR 391.41(b)(3).
against persons with insulin-treated The physical qualification standard V. Conditions and Requirements
diabetes mellitus (ITDM) from operating for drivers regarding diabetes found in The terms and conditions of the
a commercial motor vehicle (CMV) in 49 CFR 391.41(b)(3) states that a person exemption are provided to the
interstate commerce. The exemptions is physically qualified to drive a CMV applicants in the exemption document

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Document Created: 2018-04-27 01:45:29
Document Modified: 2018-04-27 01:45:29

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 renewal of exemptions; request for comments.
Dates		The exemptions were applicable on February 14, 2018. The exemptions expire on February 14, 2020. Comments must be received on or before May 29, 2018.
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 18624

83 FR 18624 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 82 (April 27, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration