83 FR 24581 - Qualification of Drivers; Exemption Applications; Diabetes
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 103 (May 29, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 103 (May 29, 2018)
| Page Range | 24581-24584 | |
| FR Document | 2018-11431 |
[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)] [Notices] [Pages 24581-24584] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11431] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2008-0071; FMCSA-2012-0044; FMCSA-2012-0107; FMCSA- 2014-0015; FMCSA-2014-0016; FMCSA-2016-0037; FMCSA-2016-0039] Qualification of Drivers; Exemption Applications; Diabetes 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 133 individuals from its prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals with ITDM to continue to operate CMVs in interstate commerce. DATES: Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before June 28, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2008-0071; FMCSA-2012-0044; FMCSA-2012-0107; FMCSA-2014-0015; FMCSA-2014-0016; FMCSA- [[Page 24582]] 2016-0037; FMCSA-2016-0039 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. 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 5:30 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 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 diabetes found in 49 CFR 391.41(b)(3) states that a person is physically qualified to drive a CMV if that person has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control. The 133 individuals listed in this notice have requested renewal of their exemptions from the diabetes standard in 49 CFR 391.41(b)(3), 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 Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 133 applicants has satisfied the renewal conditions for obtaining an exemption from the diabetes requirement (73 FR 16946; 73 FR 31734; 77 FR 20876; 77 FR 27842; 77 FR 33264; 77 FR 38383; 79 FR 22573; 79 FR 29484; 79 FR 35855; 79 FR 42628; 81 FR 25486; 81 FR 28121; 81 FR 59728; 81 FR 66733; 81 FR 96176). They have maintained their required 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. These factors provide an adequate basis for predicting each driver's ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each of these drivers for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. In accordance with 49 U.S.C. 31136(e) and 31315, the following groups of drivers received renewed exemptions in the month of June and are discussed below: As of June 1, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 33 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (81 FR 25486; 81 FR 66733): Christopher R. Barwick (NC) Jeffrey C. Bergen (MA) Christopher J. Burgess (ID) Edward D. Burman (MA) Lynn J. Clark (UT) Kenneth W. Day (TN) Horace Dickinson (GA) James R. Fifield (MI) Scott A. Figert (OH) Larry D. Funk (KS) Steven S. Gray (CT) Donald F. Greel, Jr. (MA) John A. Jung (OH) Jerry H. Kahn (MN) Sean T. Lewis (NJ) Edwin Lozada (FL) Kevin S. Martin (MN) Allysa B. Meirowitch (NY) Brian L. Murray (WA) Thomas V. Noyes (MA) Benny M. Perez (PA) Gregory S. Pethtel (OH) Thomas J. Price (WY) Theodore D. Reagle (PA) Eric A. Richie (AZ) Keith E. Shumake (CO) William G. Simpson (CO) Stirling H.C. Sowerby (PA) John J. Steele (AL) Ryan M. Stumbaugh (PA) David J. Walker (IA) Shawn D. Weigel (KS) William H. Yocom (MO) The drivers were included in docket number FMCSA-2016-0037. Their exemptions are applicable as of June 1, 2018, and will expire on June 1, 2020. As of June 3, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following eight individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce [[Page 24583]] (73 FR 16946; 73 FR 31734; 81 FR 96176): Edward F. Connole (MA) Gary D. Coonfield (MO) Shannon D. Hanson (SD) Aundra Menefield (MS) James T. Rothwell (TN) Dalton T. Smith, Jr. (IL) Marvin D. Webster (KY) Travis S. Wolfe (WV) The drivers were included in docket number FMCSA-2008-0071. Their exemptions are applicable as of June 3, 2018, and will expire on June 3, 2020. As of June 5, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following nine individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (77 FR 20876; 77 FR 33264; 81 FR 96176): Steven W. Beaty (SD) David D. Brown (MI) Evan P. Hansen (WI) John M. Kennedy, Jr. (NC) Jeremy A. Ludolph (KS) Gerald N. Martinson (ND) Glenn D. Taylor (NY) Thomas R. Toews (OR) James E. Waller, III (GA) The drivers were included in docket number FMCSA-2012-0044. Their exemptions are applicable as of June 5, 2018, and will expire on June 5, 2020. As of June 9, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 40 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (81 FR 28121; 81 FR 59728): Matthew P. Ambrose (OH) Steven E. Beining (OH) Steven Belback (PA) Roger D. Bragg (WV) John Ciesmelewski (NJ) Ernest W. Collett (TX) Daniel C. Crider (MN) Charla J. Donahy (TX) Richard D. Florio, Jr. (NY) Tyler J. Francis (KS) Calvin L. Frew (ID) Juda Friedman (NY) Dean Gage (NY) William Gallagher (PA) Harvey E. Gordon (MA) James W. Gorman, Jr. (MD) Christopher L. Greene (WY) Gregor C. Guisewhite (PA) Dennis T. Harding (MN) Brandon R. Hart (TX) Stephen E. Hochmiller (CO) Jack V. Holloway (IL) Richard L. Hubbard (MN) Stephen A. Kinney (MI) Russell L. Koehn (IL) Timothy C. LaRue (FL) Joseph M. Lopes (NH) William B. Onimus (PA) Victor M. Orta (TX) William D. Powell (IL) Lee A. Pulda (WI) William K. Sawyer II (NM) Jeffrey J. Schnacker (NE) Jeffrey D. Smith (MD) Anthony G. Stellatos (NJ) Trent A. Stuber (IL) LaDon L. Wallin (MN) Richard D. Webb (NY) Grady L. Wilson, Jr. (FL) Karl S. Yauneridge (MD) The drivers were included in docket number FMCSA-2016-0039. Their exemptions are applicable as of June 9, 2018, and will expire on June 9, 2020. As of June 20, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, Gary R. Harper, (IN) has satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (79 FR 29484; 79 FR 42628; 81 FR 96176). The driver was included in docket number FMCSA-2014-0016. The exemption is applicable as of June 20, 2018, and will expire on June 20, 2020. As of June 24, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 35 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (79 FR 22573; 79 FR 35855; 81 FR 96176): Joshua T. Adams (OH) Dennis W. Athey II (KS) John M. Behan, Jr. (MD) Kirk B. Berridge (KS) Francis P. Bourgeois (LA) Randall T. Buffkin (NC) Heladio Castillo (WA) Purvis J. Chesson (VA) Jeff T. Enbody (WA) Larry S. Gibson, II (NC) James M. Halapchuk (PA) Jeffery A. Hall (ME) Henry W. Hartman (NY) Marlin R. Hein (IA) Vincenzo Ingrassellino (NY) Davis Jansen van Beek (MT) Baek J. Kim (MD) Shawn N. Kimble (PA) Darrel G. Klauer (WI) Stephen D. Lewis (NY) Alvin McClain (OR) Kenneth D. Mehmen (IA) Kyle B. Mitchell (CA) Michael A. Murrell (KY) Ryan R. Ong (CA) Gregory Paradiso (OH) Brian K. Patenaude (MA) William A. Schimpf (CA) Frank J. Sciulli (PA) Bryan J. Smith (ND) Edward L. Stauffer (PA) Kyle G. Streit (TX) Joseph D. Stutzman (PA) Raymond J. Vaillancourt (OH) Robert L. Weiland (PA) The drivers were included in docket number FMCSA-2014-0015. Their exemptions are applicable as of June 24, 2018, and will expire on June 24, 2020. As of June 26, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, Tommy R. Riley, (IL) has satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (79 FR 29484; 79 FR 42628; 81 FR 96176). The driver was included in docket number FMCSA-2014-0016. The exemption is applicable as of June 26, 2018, and will expire on June 26, 2020. As of June 27, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following six individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (77 FR 27842; 77 FR 38383; 81 FR 96176): Matthew R. Bagwell (NY) Eric J. Bright (IL) Kyle D. Dale (MO) Donald L. Philpott (WA) John Randolph (OK) Courtney R. Schiebout (IA) The drivers were included in docket number FMCSA-2012-0107. Their exemptions are applicable as of June 27, 2018, and will expire on June 27, 2020. IV. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) each driver must report within two business days of occurrence, all episodes of severe hypoglycemia, significant complications, or inability to manage diabetes; also, any involvement in an accident or any other adverse event in a CMV or personal vehicle, whether or not it is related to an episode of hypoglycemia; (3) each driver must submit an annual ophthalmologist's or optometrist's report; 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 in his/her driver's [[Page 24584]] 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 133 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce. In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two years unless revoked earlier by FMCSA. Dated: May 17, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-11431 Filed 5-25-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices 24581
optometrist examined him in 2017 and diabetes using insulin, and is able to larger than 81⁄2 by 11 inches, suitable for
certified that he does not have diabetic drive a CMV safely. Mr. Willis Sloan copying and electronic filing. If you
retinopathy. He holds a Class A CDL meets the requirements of the vision submit comments by mail and would
from Michigan. standard at 49 CFR 391.41(b)(10). His like to know that they reached the
ophthalmologist examined him in 2017 facility, please enclose a stamped, self-
Trent J. Vandyken
and certified that he does not have addressed postcard or envelope.
Mr. Vandyken, 34, has had ITDM diabetic retinopathy. He holds an We will consider all comments and
since 2018. His endocrinologist Operator’s License from Missouri. materials received during the comment
examined him in 2018 and certified that period. FMCSA may issue a final
he has had no severe hypoglycemic Debra A. Wiss
determination at any time after the close
reactions resulting in loss of Ms. Wiss, 61, has had ITDM since of the comment period.
consciousness, requiring the assistance 2016. Her endocrinologist examined her
of another person, or resulting in in 2018 and certified that she has had V. Viewing Comments and Documents
impaired cognitive function that no severe hypoglycemic reactions To view comments, as well as any
occurred without warning in the past 12 resulting in loss of consciousness, documents mentioned in this preamble,
months and no recurrent (two or more) requiring the assistance of another go to http://www.regulations.gov and in
severe hypoglycemic episodes in the person, or resulting in impaired the search box insert the docket number
last five years. His endocrinologist cognitive function that occurred without FMCSA–2018–0029 and click ‘‘Search.’’
certifies that Mr. Vandyken understands warning in the past 12 months and no Next, click ‘‘Open Docket Folder’’ and
diabetes management and monitoring, recurrent (two or more) severe you will find all documents and
has stable control of his diabetes using hypoglycemic episodes in the last five comments related to this notice.
insulin, and is able to drive a CMV years. Her endocrinologist certifies that
Dated: May 17, 2018.
safely. Mr. Vandyken meets the Ms. Wiss understands diabetes
requirements of the vision standard at management and monitoring, has stable Larry W. Minor,
49 CFR 391.41(b)(10). His optometrist control of her diabetes using insulin, Associate Administrator for Policy.
examined him in 2018 and certified that and is able to drive a CMV safely. Ms. [FR Doc. 2018–11411 Filed 5–25–18; 8:45 am]
he does not have diabetic retinopathy. Wiss meets the requirements of the BILLING CODE 4910–EX–P
He holds a Class A CDL from Montana. vision standard at 49 CFR 391.41(b)(10).
Gregory A. Westfall Her optometrist examined her in 2018
and certified that she does not have DEPARTMENT OF TRANSPORTATION
Mr. Westfall, 35, has had ITDM since diabetic retinopathy. She holds a Class
2007. His endocrinologist examined him B CDL from Washington. Federal Motor Carrier Safety
in 2018 and certified that he has had no Administration
severe hypoglycemic reactions resulting III. Request for Comments
[Docket No. FMCSA–2008–0071; FMCSA–
in loss of consciousness, requiring the In accordance with 49 U.S.C. 31136(e) 2012–0044; FMCSA–2012–0107; FMCSA–
assistance of another person, or and 31315, FMCSA requests public 2014–0015; FMCSA–2014–0016; FMCSA–
resulting in impaired cognitive function comment from all interested persons on 2016–0037; FMCSA–2016–0039]
that occurred without warning in the the exemption petitions described in
past 12 months and no recurrent (two or this notice. We will consider all Qualification of Drivers; Exemption
more) severe hypoglycemic episodes in comments received before the close of Applications; Diabetes
the last five years. His endocrinologist business on the closing date indicated AGENCY: Federal Motor Carrier Safety
certifies that Mr. Westfall understands in the dates section of the notice. Administration (FMCSA), DOT.
diabetes management and monitoring,
has stable control of his diabetes using IV. Submitting Comments ACTION: Notice of renewal of
insulin, and is able to drive a CMV You may submit your comments and exemptions; request for comments.
safely. Mr. Westfall meets the material online or by fax, mail, or hand
SUMMARY: FMCSA announces its
requirements of the vision standard at delivery, but please use only one of
decision to renew exemptions for 133
49 CFR 391.41(b)(10). His optometrist these means. FMCSA recommends that
individuals from its prohibition in the
examined him in 2018 and certified that you include your name and a mailing
Federal Motor Carrier Safety
he does not have diabetic retinopathy. address, an email address, or a phone
Regulations (FMCSRs) against persons
He holds an operator’s license from number in the body of your document
with insulin-treated diabetes mellitus
Ohio. so that FMCSA can contact you if there
(ITDM) from operating commercial
are questions regarding your
Kevin L. Willis Sloan motor vehicles (CMVs) in interstate
submission.
Mr. Willis Sloan, 48, has had ITDM To submit your comment online, go to commerce. The exemptions enable these
since 2015. His endocrinologist http://www.regulations.gov and in the individuals with ITDM to continue to
examined him in 2018 and certified that search box insert the docket number operate CMVs in interstate commerce.
he has had no severe hypoglycemic FMCSA–2018–0029 and click the search DATES: Each group of renewed
reactions resulting in loss of button. When the new screen appears, exemptions were applicable on the
consciousness, requiring the assistance click on the blue ‘‘Comment Now!’’ dates stated in the discussions below
of another person, or resulting in button on the right hand side of the and will expire on the dates stated in
impaired cognitive function that page. On the new page, enter the discussions below. Comments must
daltland on DSKBBV9HB2PROD with NOTICES
occurred without warning in the past 12 information required including the be received on or before June 28, 2018.
months and no recurrent (two or more) specific section of this document to ADDRESSES: You may submit comments
severe hypoglycemic episodes in the which each comment applies, and bearing the Federal Docket Management
last five years. His endocrinologist provide a reason for each suggestion or System (FDMS) Docket No. FMCSA–
certifies that Mr. Willis Sloan recommendation. If you submit your 2008–0071; FMCSA–2012–0044;
understands diabetes management and comments by mail or hand delivery, FMCSA–2012–0107; FMCSA–2014–
monitoring, has stable control of his submit them in an unbound format, no 0015; FMCSA–2014–0016; FMCSA–
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![24584 Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices
qualification file if he/she is self- continue to operate CMVs in interstate 49 CFR 391.41(b)(8) states that a person
employed. The driver must also have a commerce. is physically qualified to drive a CMV
copy of the exemption when driving, for DATES: The exemptions were applicable if that person has no established
presentation to a duly authorized on January 21, 2018. The exemptions medical history or clinical diagnosis of
Federal, State, or local enforcement expire on January 21, 2020. epilepsy or any other condition which
official. The exemption will be FOR FURTHER INFORMATION CONTACT: Ms. is likely to cause the loss of
rescinded if: (1) The person fails to Christine A. Hydock, Chief, Medical consciousness or any loss of ability to
comply with the terms and conditions Programs Division, (202) 366–4001, control a CMV.
of the exemption; (2) the exemption has fmcsamedical@dot.gov, FMCSA, In addition to the regulations, FMCSA
resulted in a lower level of safety than Department of Transportation, 1200 has published advisory criteria to assist
was maintained before it was granted; or New Jersey Avenue SE, Room W64–224, Medical Examiners in determining
(3) continuation of the exemption would Washington, DC 20590–0001. Office whether drivers with certain medical
not be consistent with the goals and hours are from 8:30 a.m. to 5 p.m., e.t., conditions are qualified to operate a
objectives of 49 U.S.C. 31136(e) and Monday through Friday, except Federal CMV in interstate commerce. [49 CFR
31315. holidays. If you have questions part 391, APPENDIX A TO PART 391—
regarding viewing or submitting MEDICAL ADVISORY CRITERIA,
V. Preemption
material to the docket, contact Docket section H. Epilepsy: § 391.41(b)(8),
During the period the exemption is in paragraphs 3, 4, and 5.]
Services, telephone (202) 366–9826.
effect, no State shall enforce any law or
regulation that conflicts with this SUPPLEMENTARY INFORMATION: III. Discussion of Comments
exemption with respect to a person I. Electronic Access FMCSA received one comment in this
operating under the exemption. proceeding. This comment supported
You may see all the comments online
VI. Conclusion FMCSA’s decision to grant these
through the Federal Document
exemptions to drivers with seizure
Based upon its evaluation of the 133 Management System (FDMS) at: http://
disorders.
exemption applications, FMCSA renews www.regulations.gov.
the exemptions of the aforementioned Docket: For access to the docket to IV. Conclusion
drivers from the rule prohibiting drivers read background documents or Based upon its evaluation of the nine
with ITDM from driving CMVs in comments, go to http:// renewal exemption applications and
interstate commerce. In accordance with www.regulations.gov and/or Room comments received, FMCSA announces
49 U.S.C. 31136(e) and 31315, each W12–140 on the ground level of the its’ decision to exempt the following
exemption will be valid for two years West Building, 1200 New Jersey Avenue drivers from the epilepsy and seizure
unless revoked earlier by FMCSA. SE, Washington, DC, between 9 a.m. and disorders prohibition in 49 CFR 391.41
5 p.m., e.t., Monday through Friday, (b)(8):
Dated: May 17, 2018.
except Federal holidays. As of March 29, 2018, and in
Larry W. Minor, Privacy Act: In accordance with 5
Associate Administrator for Policy. accordance with 49 U.S.C. 31136(e) and
U.S.C. 553(c), DOT solicits comments 31315, the following nine individuals
[FR Doc. 2018–11431 Filed 5–25–18; 8:45 am] from the public to better inform its have satisfied the renewal conditions for
BILLING CODE 4910–EX–P rulemaking process. DOT posts these obtaining an exemption from the
comments, without edit, including any epilepsy and seizure disorders
personal information the commenter prohibition in the FMCSRs for interstate
DEPARTMENT OF TRANSPORTATION provides, to http://www.regulations.gov, CMV drivers. (83 FR 8568):
as described in the system of records
Federal Motor Carrier Safety Thomas A. De Angelo (IL)
notice (DOT/ALL–14 FDMS), which can
Administration Nathan L. Dermer (AK)
be reviewed at http://www.dot.gov/
[Docket No. FMCSA–2012–0050; FMCSA– privacy. Daniel L. Halstead (NV)
2015–0119; FMCSA–2015–0320] Toriano T. Mitchell (OH)
II. Background Thomas A. Mitman (NY)
Qualification of Drivers; Exemption On February 27, 2018, FMCSA Diana J. Mugford (VT)
Applications; Epilepsy and Seizure published a notice announcing its Tyler W. Schaefer (ME)
Disorders decision to renew exemptions for nine Alvin C. Strite (PA)
AGENCY: Federal Motor Carrier Safety individuals from the epilepsy and Thomas B. Vivirito (PA)
Administration (FMCSA), DOT. seizure disorders prohibition in 49 CFR The drivers were included in docket
ACTION: Notice of final disposition. 391.41(b)(8) to operate a CMV in numbers FMCSA–2012–0050; FMCSA–
interstate commerce and requested 2015–0119; FMCSA–2015–0320. Their
SUMMARY: FMCSA announces its comments from the public (83 FR 8568). exemptions are applicable as of January
decision to renew exemptions for nine The public comment period ended on 21, 2018, and will expire on January 21,
individuals from the requirement in the March 29, 2018 and one comment was 2020.
Federal Motor Carrier Safety received. In accordance with 49 U.S.C. 31315,
Regulations (FMCSRs) that interstate As stated in the previous notice, each exemption will be valid for two
commercial motor vehicle (CMV) FMCSA has evaluated the eligibility of years from the effective date unless
drivers have ‘‘no established medical these applicants and determined that revoked earlier by FMCSA. The
daltland on DSKBBV9HB2PROD with NOTICES
history or clinical diagnosis of epilepsy renewing these exemptions would exemption will be revoked if the
or any other condition which is likely achieve a level of safety equivalent to or following occurs: (1) The person fails to
to cause loss of consciousness or any greater than the level that would be comply with the terms and conditions
loss of ability to control a CMV.’’ The achieved by complying with the current of the exemption; (2) the exemption has
exemptions enable these individuals regulation 49 CFR 391.41(b)(8). resulted in a lower level of safety than
who have had one or more seizures and The physical qualification standard was maintained prior to being granted;
are taking anti-seizure medication to for drivers regarding epilepsy found in or (3) continuation of the exemption
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Document Created: 2018-05-26 00:48:11
Document Modified: 2018-05-26 00:48:11
| 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 | Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before June 28, 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 5:30 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 24581 |
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