83 FR 2297 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 10 (January 16, 2018)

Page Range		2297-2298
FR Document		2018-00598

FMCSA announces its decision to renew exemptions for 12 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 10 (Tuesday, January 16, 2018)

[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2297-2298]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00598]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0050; FMCSA-2012-0294; FMCSA-2013-0106; FMCSA-
2014-0214; FMCSA-2014-0216; FMCSA-2014-0381; FMCSA-2015-0115; FMCSA-
2015-0116; FMCSA-2015-0117]


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 12 
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

[[Page 2298]]

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 September 12, 2017. The 
exemptions expire on September 12, 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 October 11, 2017, FMCSA published a notice announcing its 
decision to renew exemptions for 12 individuals from the epilepsy and 
seizure disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV 
in interstate commerce and requested comments from the public (82 FR 
47314). The public comment period ended on November 13, 2017, and no 
comments were received.
    As stated in the previous notice, FMCSA has evaluated the 
eligibility of these applicants and determined that renewing these 
exemptions would achieve a level of safety equivalent to or greater 
than the level that would be achieved by complying with the current 
regulation 49 CFR 391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy 
found in 49 CFR 391.41(b)(8) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of epilepsy or any other condition which 
is likely to cause the loss of consciousness or any loss of ability to 
control a CMV.
    In addition to the regulations, FMCSA has published advisory 
criteria to assist Medical Examiners in determining whether drivers 
with certain medical conditions are qualified to operate a CMV in 
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL 
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs 
3, 4, and 5.]

III. Discussion of Comments

    FMCSA received no comments in this preceding.

IV. Conclusion

    Based upon its evaluation of the 12 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):
    As of September 12, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 12 individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers (82 FR 
47314):

Ronald Boogay (NJ)
Todd W. Brock (CO)
Matthew J. Chizek (WI)
Paul E. Granger (MI)
Jason C. Kirkham (WI)
Michael K. Lail (NC)
Ivan M. Martin (PA)
Charles A. McCarthy III (MA)
Douglas S. Slagel (OH)
William L. Swann (MD)
Cory R. Wagner (IL)
Timothy M. Zahratka (MN)

    The drivers were included in docket numbers FMCSA-2012-0050; FMCSA-
2012-0294; FMCSA-2013-0106; FMCSA-2014-0214; FMCSA-2014-0216; FMCSA-
2014-0381; FMCSA-2015-0115; FMCSA-2015-0116; FMCSA-2015-0117. Their 
exemptions are applicable as of September 12, 2017, and will expire on 
September 12, 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: January 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-00598 Filed 1-12-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 2297

Joseph S. Hurlburt (NY) Jerome E. Collins (LA) employed. The driver must also have a
Robert J. Johnson (WA) Alvah R. Daniel, Jr. (WY) copy of the exemption when driving, for
Robert L. Lawson (SC) John M. Fisher (VA) presentation to a duly authorized
Leroy Madison (SC) Kent E. Fry (IL) Federal, State, or local enforcement
Mark L. Martin (WA) Stanley M. Garrison (AR) official. The exemption will be
Wendell J. Matthews (MO) Eric T. Herron (NV) rescinded if: (1) The person fails to
Peter G. Mattos (VT) Lyle E. Hinspeter, Jr. (IA) comply with the terms and conditions
Michael J. Murray, Jr. (CA) Burton W. Holliday (AL) of the exemption; (2) the exemption has
Joseph K. Niesen (IL) Justin L. Howe (IL) resulted in a lower level of safety than
Herman Powell, Jr. (TX) Robert M. Manko (NY) was maintained before it was granted; or
William H. Riley, Jr. (IL) Clarance McNeill (NC) (3) continuation of the exemption would
Thomas H. Smith (SC) Joe R. Minga (MS) not be consistent with the goals and
James W. Smith (IL) Tyna M. Murphy (PA) objectives of 49 U.S.C. 31136(e) and
Michael J. Swanson (IL) Jose A. Ortega (IL) 31315.
Patrick J. Sweeney (NJ) Troy D. Ostrowski (MN)
Mark A. Turley (PA) Terry G. Parker (OR) V. Preemption
Jon T. Webster (MN) Anthony T. Quaglieri (NJ) During the period the exemption is in
The drivers were included in docket Antonio Ramos (RI) effect, no State shall enforce any law or
Robert N. Ruhs (IA) regulation that conflicts with this
number FMCSA–2015–0069. Their
Ford J. Stevens, Jr. (MA)
exemptions are applicable as of exemption with respect to a person
Donald T. Streich (WA)
November 17, 2017, and will expire on operating under the exemption.
Dale A. Stydinger (PA)
November 17, 2019. Raymond E. Thomason (CA) VI. Conclusion
As of November 20, 2017, and in Robert M. Wright (PA)
accordance with 49 U.S.C. 31136(e) and Based upon its evaluation of the 169
Joe L. Zamora (TX)
31315, the following 20 individuals exemption applications, FMCSA renews
The drivers were included in docket the exemptions of the aforementioned
have satisfied the renewal conditions for
number FMCSA–2015–0068. Their drivers from the rule prohibiting drivers
obtaining an exemption from the rule
exemptions are applicable as of with ITDM from driving CMVs in
prohibiting drivers with ITDM from
November 21, 2017, and will expire on interstate commerce. In accordance with
driving CMVs in interstate commerce
November 21, 2019. 49 U.S.C. 31136(e) and 31315, each
(71 FR 58464; 71 FR 67201; 80 FR
As of November 22, 2017, and in exemption will be valid for two years
68895):
accordance with 49 U.S.C. 31136(e) and unless revoked earlier by FMCSA.
John N. Anderson (MN) 31315, Steven R. Auger (NH) has
Allan C. Boyum (MN) satisfied the renewal conditions for Issued on: January 5, 2018.
Terry L. Brantley (NC) obtaining an exemption from the rule Larry W. Minor,
Steven E. Brechting (MI) prohibiting drivers with ITDM from Associate Administrator for Policy.
Scott A. Carlson (WI) driving CMVs in interstate commerce [FR Doc. 2018–00580 Filed 1–12–18; 8:45 am]
Joseph L. Coggins (SC) (76 FR 63295; 76 FR 76400; 80 FR BILLING CODE 4910–EX–P
Stephanie D. Fry (WY) 68895).
Robert W. Gaultney, Jr. (MD) This driver was included in docket
Paul T. Kubish (WI) number FMCSA–2013–0189. The DEPARTMENT OF TRANSPORTATION
David M. Levy (NY) exemption is applicable as of November
David F. Morin (CA) 22, 2017, and will expire on November Federal Motor Carrier Safety
Jeffrey J. Morinelli (NE) 22, 2019. Administration
Ronald D. Murphy (WV)
IV. Conditions and Requirements [Docket No. FMCSA–2012–0050; FMCSA–
Charles B. Page (PA) 2012–0294; FMCSA–2013–0106; FMCSA–
John A. Remaklus (OH) The exemptions are extended subject 2014–0214; FMCSA–2014–0216; FMCSA–
Michael D. Schooler (IN) to the following conditions: (1) Each 2014–0381; FMCSA–2015–0115; FMCSA–
Arthur L. Stapleton, Jr. (OH) driver must submit a quarterly 2015–0116; FMCSA–2015–0117]
Jeffrey M. Thew (WA) monitoring checklist completed by the
Barney J. Wade treating endocrinologist as well as an Qualification of Drivers; Exemption
Dennis D. Wade (IL) annual checklist with a comprehensive Applications; Epilepsy and Seizure
The drivers were included in docket medical evaluation; (2) each driver must Disorders
number FMCSA–2006–25751. Their report within two business days of AGENCY: Federal Motor Carrier Safety
exemptions are applicable as of occurrence, all episodes of severe Administration (FMCSA), DOT.
November 20, 2017, and will expire on hypoglycemia, significant ACTION: Notice of final disposition.
November 20, 2019. complications, or inability to manage
As of November 21, 2017, and in diabetes; also, any involvement in an SUMMARY: FMCSA announces its
accordance with 49 U.S.C. 31136(e) and accident or any other adverse event in decision to renew exemptions for 12
31315, the following 29 individuals a CMV or personal vehicle, whether or individuals from the requirement in the
have satisfied the renewal conditions for not it is related to an episode of Federal Motor Carrier Safety
obtaining an exemption from the rule hypoglycemia; (3) each driver must Regulations (FMCSRs) that interstate
daltland on DSKBBV9HB2PROD with NOTICES

prohibiting drivers with ITDM from submit an annual ophthalmologist’s or commercial motor vehicle (CMV)
driving CMVs in interstate commerce optometrist’s report; and (4) each driver drivers have ‘‘no established medical
(80 FR 63863; 81 FR 6330): must provide a copy of the annual history or clinical diagnosis of epilepsy
Leonel Barrera, Jr. (TX) medical certification to the employer for or any other condition which is likely
Alfred T. Benelli (PA) retention in the driver’s qualification to cause loss of consciousness or any
Rickie J. Burgess (NC) file, or keep a copy in his/her driver’s loss of ability to control a CMV.’’ The
Edson M. Chick (VT) qualification file if he/she is self- exemptions enable these individuals

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2298 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices

who have had one or more seizures and The physical qualification standard of the exemption; (2) the exemption has
are taking anti-seizure medication to for drivers regarding epilepsy found in resulted in a lower level of safety than
continue to operate CMVs in interstate 49 CFR 391.41(b)(8) states that a person was maintained prior to being granted;
commerce. is physically qualified to drive a CMV or (3) continuation of the exemption
DATES: The exemptions were applicable if that person has no established would not be consistent with the goals
on September 12, 2017. The exemptions medical history or clinical diagnosis of and objectives of 49 U.S.C. 31136 and
expire on September 12, 2019. epilepsy or any other condition which 31315.
FOR FURTHER INFORMATION CONTACT: Ms. is likely to cause the loss of Issued on: January 5, 2018.
Christine A. Hydock, Chief, Medical consciousness or any loss of ability to Larry W. Minor,
Programs Division, (202) 366–4001, control a CMV. Associate Administrator for Policy.
fmcsamedical@dot.gov, FMCSA, In addition to the regulations, FMCSA
[FR Doc. 2018–00598 Filed 1–12–18; 8:45 am]
Department of Transportation, 1200 has published advisory criteria to assist
BILLING CODE 4910–EX–P
New Jersey Avenue SE, Room W64–224, Medical Examiners in determining
Washington, DC 20590–0001. Office whether drivers with certain medical
hours are from 8:30 a.m. to 5 p.m., e.t., conditions are qualified to operate a DEPARTMENT OF TRANSPORTATION
Monday through Friday, except Federal CMV in interstate commerce. [49 CFR
holidays. If you have questions part 391, APPENDIX A TO PART 391— Federal Motor Carrier Safety
regarding viewing or submitting MEDICAL ADVISORY CRITERIA, Administration
material to the docket, contact Docket section H. Epilepsy: § 391.41(b)(8),
[Docket No. FMCSA–2017–0253]
Services, telephone (202) 366–9826. paragraphs 3, 4, and 5.]
SUPPLEMENTARY INFORMATION: III. Discussion of Comments Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
I. Electronic Access FMCSA received no comments in this Disorders
preceding.
You may see all the comments online
AGENCY: Federal Motor Carrier Safety
through the Federal Document IV. Conclusion
Administration (FMCSA), DOT.
Management System (FDMS) at: http:// Based upon its evaluation of the 12 ACTION: Notice of applications for
www.regulations.gov. renewal exemption applications,
Docket: For access to the docket to exemption; request for comments.
FMCSA announces its’ decision to
read background documents or exempt the following drivers from the SUMMARY: FMCSA announces receipt of
comments, go to http:// epilepsy and seizure disorders applications from four individuals for
www.regulations.gov and/or Room prohibition in 49 CFR 391.41 (b)(8): an exemption from the prohibition in
W12–140 on the ground level of the As of September 12, 2017, and in the Federal Motor Carrier Safety
West Building, 1200 New Jersey Avenue accordance with 49 U.S.C. 31136(e) and Regulations (FMCSRs) against persons
SE, Washington, DC, between 9 a.m. and 31315, the following 12 individuals with a clinical diagnosis of epilepsy or
5 p.m., e.t., Monday through Friday, have satisfied the renewal conditions for any other condition that is likely to
except Federal holidays. obtaining an exemption from the cause a loss of consciousness or any loss
Privacy Act: In accordance with 5 of ability to control a commercial motor
epilepsy and seizure disorders
U.S.C. 553(c), DOT solicits comments vehicle (CMV) to drive in interstate
prohibition in the FMCSRs for interstate
from the public to better inform its commerce. If granted, the exemptions
CMV drivers (82 FR 47314):
rulemaking process. DOT posts these would enable these individuals who
comments, without edit, including any Ronald Boogay (NJ)
have had one or more seizures and are
personal information the commenter Todd W. Brock (CO)
taking anti-seizure medication to
provides, to http://www.regulations.gov, Matthew J. Chizek (WI)
operate CMVs in interstate commerce.
as described in the system of records Paul E. Granger (MI)
DATES: Comments must be received on
notice (DOT/ALL–14 FDMS), which can Jason C. Kirkham (WI)
Michael K. Lail (NC) or before February 15, 2018.
be reviewed at http://www.dot.gov/ ADDRESSES: You may submit comments
privacy. Ivan M. Martin (PA)
Charles A. McCarthy III (MA) bearing the Federal Docket Management
II. Background Douglas S. Slagel (OH) System (FDMS) Docket No. FMCSA–
William L. Swann (MD) 2017–0253 using any of the following
On October 11, 2017, FMCSA methods:
published a notice announcing its Cory R. Wagner (IL)
Timothy M. Zahratka (MN) • Federal eRulemaking Portal: Go to
decision to renew exemptions for 12 http://www.regulations.gov. Follow the
individuals from the epilepsy and The drivers were included in docket online instructions for submitting
seizure disorders prohibition in 49 CFR numbers FMCSA–2012–0050; FMCSA– comments.
391.41(b)(8) to operate a CMV in 2012–0294; FMCSA–2013–0106; • Mail: Docket Management Facility;
interstate commerce and requested FMCSA–2014–0214; FMCSA–2014– U.S. Department of Transportation, 1200
comments from the public (82 FR 0216; FMCSA–2014–0381; FMCSA– New Jersey Avenue SE, West Building
47314). The public comment period 2015–0115; FMCSA–2015–0116; Ground Floor, Room W12–140,
ended on November 13, 2017, and no FMCSA–2015–0117. Their exemptions Washington, DC 20590–0001.
comments were received. are applicable as of September 12, 2017, • Hand Delivery: West Building
As stated in the previous notice, and will expire on September 12, 2019. Ground Floor, Room W12–140, 1200
daltland on DSKBBV9HB2PROD with NOTICES

FMCSA has evaluated the eligibility of In accordance with 49 U.S.C. 31315, New Jersey Avenue SE, Washington,
these applicants and determined that each exemption will be valid for two DC, between 9 a.m. and 5 p.m., e.t.,
renewing these exemptions would years from the effective date unless Monday through Friday, except Federal
achieve a level of safety equivalent to or revoked earlier by FMCSA. The Holidays.
greater than the level that would be exemption will be revoked if the • Fax: 1–202–493–2251.
achieved by complying with the current following occurs: (1) The person fails to Instructions: Each submission must
regulation 49 CFR 391.41(b)(8). comply with the terms and conditions include the Agency name and the

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Document Created: 2018-01-13 02:02:28
Document Modified: 2018-01-13 02:02:28

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 September 12, 2017. The exemptions expire on September 12, 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 2297

83 FR 2297 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 10 (January 16, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration