83_FR_2308 83 FR 2298 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

83 FR 2298 - 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 Range2298-2300
FR Document2018-00603

FMCSA announces receipt of applications from four 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 10 (Tuesday, January 16, 2018)
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2298-2300]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00603]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0253]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

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

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SUMMARY: FMCSA announces receipt of applications from four 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 February 15, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2017-0253 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

[[Page 2299]]

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

Anthony Anello, III

    Mr. Anello, 32, 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 2007. His physician states that he 
is supportive of Mr. Anello receiving an exemption.

Anthony J. Kornuszko, Jr.

    Mr. Kornuszko, Jr. 47, has a history of a seizure disorder and has 
been seizure free since 2009. He takes anti-seizure medication, with 
the dosage and frequency remaining the same since 2011. His physician 
states that he is supportive of Mr. Kornuszko receiving an exemption.

Jeffrey W. Mills

    Mr. Mills, 56, has a history of a seizure disorder and has been 
seizure

[[Page 2300]]

free since 2001. He takes anti-seizure medication, with the dosage and 
frequency remaining the same since 2001. His physician states that he 
is supportive of Mr. Mills receiving an exemption.

Jaime D. Paggen.

    Ms. Paggen, 40, has a history of epilepsy and has been seizure free 
since 2008. She takes anti-seizure medication, with the dosage and 
frequency remaining the same since 2008. Her physician states that she 
is supportive of Ms. Paggen 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-2017-0253 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-2017-0253 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: January 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-00603 Filed 1-12-18; 8:45 am]
 BILLING CODE 4910-EX-P



                                               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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                                                                             Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices                                             2299

                                               docket number(s) for this notice. Note                  prohibition in 49 CFR 391.41(b)(8).                    may be qualified to operate a CMV in
                                               that all comments received will be                      Accordingly, the Agency will evaluate                  interstate commerce. Interstate drivers
                                               posted without change to http://                        the qualifications of each applicant to                with a history of a single unprovoked
                                               www.regulations.gov, including any                      determine whether granting the                         seizure may be qualified to drive a CMV
                                               personal information provided. Please                   exemption will achieve the required                    in interstate commerce if seizure-free
                                               see the Privacy Act heading below for                   level of safety mandated by statute.                   and off anti-seizure medication for a
                                               further information.                                       The physical qualification standard                 five-year period or more.
                                                  Docket: For access to the docket to                  for drivers regarding epilepsy found in                   As a result of Medical Examiners
                                               read background documents or                            49 CFR 391.41(b)(8) states that a person               misinterpreting advisory criteria as
                                               comments, go to http://                                 is physically qualified to drive a CMV                 regulation, numerous drivers have been
                                               www.regulations.gov at any time or                      if that person has no established                      prohibited from operating a CMV in
                                               Room W12–140 on the ground level of                     medical history or clinical diagnosis of               interstate commerce based on the fact
                                               the West Building, 1200 New Jersey                      epilepsy or any other condition which                  that they have had one or more seizures
                                               Avenue SE, Washington, DC, between 9                    is likely to cause the loss of                         and are taking anti-seizure medication,
                                               a.m. and 5 p.m., e.t., Monday through                   consciousness or any loss of ability to                rather than an individual analysis of
                                               Friday, except Federal holidays. The                    control a CMV.                                         their circumstances by a qualified
                                               FDMS is available 24 hours each day,                       In addition to the regulations, FMCSA               Medical Examiner based on the physical
                                               365 days each year. If you want                         has published advisory criteria 1 to                   qualification standards and medical best
                                               acknowledgment that we received your                    assist Medical Examiners in                            practices.
                                               comments, please include a self-                        determining whether drivers with                          On January 15, 2013, FMCSA
                                               addressed, stamped envelope or                          certain medical conditions are qualified               announced in a Notice of Final
                                               postcard or print the acknowledgement                   to operate a CMV in interstate                         Disposition titled, Qualification of
                                               page that appears after submitting                      commerce. [49 CFR part 391,                            Drivers; Exemption Applications;
                                               comments online.                                        APPENDIX A TO PART 391—MEDICAL                         Epilepsy and Seizure Disorders, (78 FR
                                                  Privacy Act: In accordance with 5                    ADVISORY CRITERIA, section H.                          3069), its decision to grant requests from
                                               U.S.C. 553(c), DOT solicits comments                    Epilepsy: § 391.41(b)(8), paragraphs 3, 4,             22 individuals for exemptions from the
                                               from the public to better inform its                    and 5.]                                                regulatory requirement that interstate
                                               rulemaking process. DOT posts these                        The advisory criteria states the                    CMV drivers have ‘‘no established
                                               comments, without edit, including any                   following:                                             medical history or clinical diagnosis of
                                                                                                          If an individual has had a sudden                   epilepsy or any other condition which
                                               personal information the commenter
                                                                                                       episode of a non-epileptic seizure or                  is likely to cause loss of consciousness
                                               provides, to http://www.regulations.gov,
                                                                                                       loss of consciousness of unknown cause                 or any loss of ability to control a CMV.’’
                                               as described in the system of records
                                                                                                       that did not require anti-seizure                      Since the January 15, 2013 notice, the
                                               notice (DOT/ALL–14 FDMS), which can
                                                                                                       medication, the decision whether that                  Agency has published additional
                                               be reviewed at http://www.dot.gov/
                                                                                                       person’s condition is likely to cause the              notices granting requests from
                                               privacy.
                                                                                                       loss of consciousness or loss of ability               individuals for exemptions from the
                                               FOR FURTHER INFORMATION CONTACT:     Ms.                to control a CMV should be made on an                  regulatory requirement regarding
                                               Christine A. Hydock, Chief, Medical                     individual basis by the Medical                        epilepsy found in 49 CFR 391.41(b)(8).
                                               Programs Division, (202) 366–4001,                      Examiner in consultation with the                         To be considered for an exemption
                                               fmcsamedical@dot.gov, FMCSA,                            treating physician. Before certification is            from the epilepsy and seizure disorders
                                               Department of Transportation, 1200                      considered, it is suggested that a six-                prohibition in 49 CFR 391.41(b)(8),
                                               New Jersey Avenue SE, Room W64–224,                     month waiting period elapse from the                   applicants must meet the criteria in the
                                               Washington, DC 20590–0001. Office                       time of the episode. Following the                     2007 recommendations of the Agency’s
                                               hours are 8:30 a.m. to 5 p.m., e.t.,                    waiting period, it is suggested that the               Medical Expert Panel (MEP) (78 FR
                                               Monday through Friday, except Federal                   individual have a complete neurological                3069).
                                               holidays. If you have questions                         examination. If the results of the
                                               regarding viewing or submitting                                                                                II. Qualifications of Applicants
                                                                                                       examination are negative and anti-
                                               material to the docket, contact Docket                  seizure medication is not required, then               Anthony Anello, III
                                               Services, telephone (202) 366–9826.                     the driver may be qualified.                             Mr. Anello, 32, has a history of
                                               SUPPLEMENTARY INFORMATION:                                 In those individual cases where a                   epilepsy and has been seizure free since
                                                                                                       driver had a seizure or an episode of                  2006. He takes anti-seizure medication,
                                               I. Background                                           loss of consciousness that resulted from               with the dosage and frequency
                                                  Under 49 U.S.C. 31136(e) and 31315,                  a known medical condition (e.g., drug                  remaining the same since 2007. His
                                               FMCSA may grant an exemption from                       reaction, high temperature, acute                      physician states that he is supportive of
                                               the FMCSRs for a five-year period if it                 infectious disease, dehydration, or acute              Mr. Anello receiving an exemption.
                                               finds ‘‘such exemption would likely                     metabolic disturbance), certification
                                               achieve a level of safety that is                       should be deferred until the driver has                Anthony J. Kornuszko, Jr.
                                               equivalent to or greater than the level                 recovered fully from that condition, has                  Mr. Kornuszko, Jr. 47, has a history of
                                               that would be achieved absent such                      no existing residual complications, and                a seizure disorder and has been seizure
                                               exemption.’’ The statute also allows the                is not taking anti-seizure medication.                 free since 2009. He takes anti-seizure
                                               Agency to renew exemptions at the end                      Drivers who have a history of                       medication, with the dosage and
                                               of the five-year period. FMCSA grants                   epilepsy/seizures, off anti-seizure                    frequency remaining the same since
daltland on DSKBBV9HB2PROD with NOTICES




                                               exemptions from the FMCSRs for a two-                   medication and seizure-free for 10 years,              2011. His physician states that he is
                                               year period to align with the maximum                                                                          supportive of Mr. Kornuszko receiving
                                               duration of a driver’s medical                             1 See http://www.ecfr.gov/cgi-bin/text-idx?SID=
                                                                                                                                                              an exemption.
                                               certification.                                          e47b48a9ea42dd67d999246e23d97970&mc=
                                                  The four individuals listed in this                  true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a         Jeffrey W. Mills
                                                                                                       and https://www.gpo.gov/fdsys/pkg/CFR-2015-
                                               notice have requested an exemption                      title49-vol5/pdf/CFR-2015-title49-vol5-part391-           Mr. Mills, 56, has a history of a
                                               from the epilepsy and seizure disorders                 appA.pdf.                                              seizure disorder and has been seizure


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                                               2300                          Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices

                                               free since 2001. He takes anti-seizure                  FMCSA–2017–0253 and click ‘‘Search.’’                     Docket: For access to the docket to
                                               medication, with the dosage and                         Next, click ‘‘Open Docket Folder’’ and                 read background documents or
                                               frequency remaining the same since                      you will find all documents and                        comments, go to http://
                                               2001. His physician states that he is                   comments related to this notice.                       www.regulations.gov at any time or
                                               supportive of Mr. Mills receiving an                      Issued on: January 5, 2018.                          Room W12–140 on the ground level of
                                               exemption.                                              Larry W. Minor,
                                                                                                                                                              the West Building, 1200 New Jersey
                                                                                                                                                              Avenue SE, Washington, DC, between 9
                                               Jaime D. Paggen.                                        Associate Administrator for Policy.
                                                                                                                                                              a.m. and 5 p.m., e.t., Monday through
                                                 Ms. Paggen, 40, has a history of                      [FR Doc. 2018–00603 Filed 1–12–18; 8:45 am]
                                                                                                                                                              Friday, except Federal holidays. The
                                               epilepsy and has been seizure free since                BILLING CODE 4910–EX–P                                 FDMS is available 24 hours each day
                                               2008. She takes anti-seizure medication,                                                                       e.t., 365 days each year. If you want
                                               with the dosage and frequency                                                                                  acknowledgment that we received your
                                               remaining the same since 2008. Her                      DEPARTMENT OF TRANSPORTATION
                                                                                                                                                              comments, please include a self-
                                               physician states that she is supportive of                                                                     addressed, stamped envelope or
                                                                                                       Federal Motor Carrier Safety
                                               Ms. Paggen receiving an exemption.                                                                             postcard or print the acknowledgement
                                                                                                       Administration
                                               III. Request for Comments                                                                                      page that appears after submitting
                                                                                                       [Docket No. FMCSA–2017–0287]                           comments online.
                                                  In accordance with 49 U.S.C. 31136(e)                                                                          Privacy Act: In accordance with 5
                                               and 31315, FMCSA requests public                        Qualification of Drivers; Exemption                    U.S.C. 553(c), DOT solicits comments
                                               comment from all interested persons on                  Applications; Diabetes Mellitus                        from the public to better inform its
                                               the exemption petitions described in                                                                           rulemaking process. DOT posts these
                                                                                                       AGENCY: Federal Motor Carrier Safety
                                               this notice. We will consider all                                                                              comments, without edit, including any
                                                                                                       Administration (FMCSA), DOT.
                                               comments received before the close of                                                                          personal information the commenter
                                               business on the closing date indicated                  ACTION: Notice of applications for
                                                                                                       exemption; request for comments.                       provides, to http://www.regulations.gov,
                                               in the dates section of the notice.                                                                            as described in the system of records
                                               IV. Submitting Comments                                 SUMMARY:    FMCSA announces receipt of                 notice (DOT/ALL–14 FDMS), which can
                                                                                                       applications from 39 individuals for an                be reviewed at http://www.dot.gov/
                                                  You may submit your comments and
                                                                                                       exemption from the prohibition in the                  privacy.
                                               material online or by fax, mail, or hand
                                                                                                       Federal Motor Carrier Safety                           FOR FURTHER INFORMATION CONTACT:     Ms.
                                               delivery, but please use only one of
                                                                                                       Regulations (FMCSRs) against persons                   Christine A. Hydock, Chief, Medical
                                               these means. FMCSA recommends that
                                                                                                       with insulin-treated diabetes mellitus                 Programs Division, (202) 366–4001,
                                               you include your name and a mailing
                                                                                                       (ITDM) operating a commercial motor                    fmcsamedical@dot.gov, FMCSA,
                                               address, an email address, or a phone
                                                                                                       vehicle (CMV) in interstate commerce. If               Department of Transportation, 1200
                                               number in the body of your document
                                                                                                       granted, the exemptions would enable                   New Jersey Avenue SE, Room W64–224,
                                               so that FMCSA can contact you if there
                                                                                                       these individuals with ITDM to operate                 Washington, DC 20590–0001. Office
                                               are questions regarding your
                                                                                                       CMVs in interstate commerce.                           hours are 8:30 a.m. to 5 p.m., e.t.,
                                               submission.
                                                  To submit your comment online, go to                 DATES: Comments must be received on                    Monday through Friday, except Federal
                                               http://www.regulations.gov and in the                   or before February 15, 2018.                           holidays. If you have questions
                                               search box insert the docket number                     ADDRESSES: You may submit comments                     regarding viewing or submitting
                                               FMCSA–2017–0253 and click the search                    bearing the Federal Docket Management                  material to the docket, contact Docket
                                               button. When the new screen appears,                    System (FDMS) Docket No. FMCSA–                        Services, telephone (202) 366–9826.
                                               click on the blue ‘‘Comment Now!’’                      2017–0287 using any of the following                   SUPPLEMENTARY INFORMATION:
                                               button on the right hand side of the                    methods:
                                                                                                          • Federal eRulemaking Portal: Go to                 I. Background
                                               page. On the new page, enter
                                               information required including the                      http://www.regulations.gov. Follow the                    Under 49 U.S.C. 31136(e) and 31315,
                                               specific section of this document to                    online instructions for submitting                     FMCSA may grant an exemption from
                                               which each comment applies, and                         comments.                                              the FMCSRs for a five-year period if it
                                               provide a reason for each suggestion or                    • Mail: Docket Management Facility;                 finds ‘‘such exemption would likely
                                               recommendation. If you submit your                      U.S. Department of Transportation, 1200                achieve a level of safety that is
                                               comments by mail or hand delivery,                      New Jersey Avenue SE, West Building                    equivalent to or greater than the level
                                               submit them in an unbound format, no                    Ground Floor, Room W12–140,                            that would be achieved absent such
                                               larger than 81⁄2 by 11 inches, suitable for             Washington, DC 20590–0001.                             exemption.’’ The statute also allows the
                                               copying and electronic filing. If you                      • Hand Delivery: West Building                      Agency to renew exemptions at the end
                                               submit comments by mail and would                       Ground Floor, Room W12–140, 1200                       of the five-year period. FMCSA grants
                                               like to know that they reached the                      New Jersey Avenue SE, Washington,                      exemptions from the FMCSRs for a two-
                                               facility, please enclose a stamped, self-               DC, between 9 a.m. and 5 p.m., e.t.,                   year period to align with the maximum
                                               addressed postcard or envelope.                         Monday through Friday, except Federal                  duration of a driver’s medical
                                                  We will consider all comments and                    Holidays.                                              certification.
                                               materials received during the comment                      • Fax: 1–202–493–2251.                                 The 39 individuals listed in this
                                               period. FMCSA may issue a final                            Instructions: Each submission must                  notice have requested an exemption
                                               determination at any time after the close               include the Agency name and the                        from the diabetes prohibition in 49 CFR
daltland on DSKBBV9HB2PROD with NOTICES




                                               of the comment period.                                  docket number(s) for this notice. Note                 391.41(b)(3). Accordingly, the Agency
                                                                                                       that all comments received will be                     will evaluate the qualifications of each
                                               V. Viewing Comments and Documents                       posted without change to http://                       applicant to determine whether granting
                                                 To view comments, as well as any                      www.regulations.gov, including any                     the exemption will achieve the required
                                               documents mentioned in this preamble,                   personal information provided. Please                  level of safety mandated by statute.
                                               go to http://www.regulations.gov and in                 see the Privacy Act heading below for                     The physical qualification standard
                                               the search box insert the docket number                 further information.                                   for drivers regarding diabetes found in


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Document Created: 2018-01-13 02:02:20
Document Modified: 2018-01-13 02:02:20
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 February 15, 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 2298 

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