83 FR 34652 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 140 (July 20, 2018)

Page Range		34652-34653
FR Document		2018-15544

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

Federal Register, Volume 83 Issue 140 (Friday, July 20, 2018)

[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34652-34653]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15544]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0107; FMCSA-2013-0109; FMCSA-2015-0119]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of final disposition.

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

DATES: The exemptions were applicable on February 14, 2018. The 
exemptions expire on February 14, 2020.

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

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

[[Page 34653]]

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 April 27, 2018, FMCSA published a notice announcing its decision 
to renew exemptions for three 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 (83 FR 
18624). The public comment period ended on May 29, 2018, 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 proceeding.

IV. Conclusion

    Based upon its evaluation of the three 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):

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

    The drivers were included in docket numbers FMCSA-2013-0107; FMCSA-
2013-0109; FMCSA-2015-0119. Their exemptions are applicable as of 
February 14, 2018, and will expire on February 14, 2020.
    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: July 13, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-15544 Filed 7-19-18; 8:45 am]
 BILLING CODE 4910-EX-P

34652 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices

Federal Register notice (83 FR 24563) exemption with respect to a person DEPARTMENT OF TRANSPORTATION
and will not be repeated in this notice. operating under the exemption.
These 36 applicants have had ITDM Federal Motor Carrier Safety
over a range of 1 to 31 years. These VII. Conclusion Administration
applicants report no severe Based upon its evaluation of the 36
[Docket No. FMCSA–2013–0107; FMCSA–
hypoglycemic reactions resulting in loss exemption applications, FMCSA 2013–0109; FMCSA–2015–0119]
of consciousness or seizure, requiring exempts the following drivers from the
the assistance of another person, or diabetes requirement in 49 CFR Qualification of Drivers; Exemption
resulting in impaired cognitive function 391.41(b)(10), subject to the Applications; Epilepsy and Seizure
that occurred without warning requirements cited above: Disorders
symptoms, in the past 12 months and no Leobardo O. Antunez (WA)
recurrent (two or more) severe AGENCY: Federal Motor Carrier Safety
Alfred E. Apel (NY)
hypoglycemic episodes in the past five Administration (FMCSA), DOT.
Carl M. Bartlett (SD)
years. In each case, an endocrinologist ACTION: Notice of final disposition.
verified that the driver has Christopher A. Bell (IA)
demonstrated a willingness to properly Gerald A. Brady (IA) SUMMARY: FMCSA announces its
monitor and manage his/her diabetes Jeffrey Campbell (IN) decision to renew exemptions for three
mellitus, received education related to Ricky L. Collett (OK) individuals from the requirement in the
diabetes management, and is on a stable David M. Conrad (NM) Federal Motor Carrier Safety
insulin regimen. These drivers report no Lee E. Crenshaw, Jr. (CT) Regulations (FMCSRs) that interstate
other disqualifying conditions, Michael C. Crouch (OK) commercial motor vehicle (CMV)
including diabetes related Matthew J. Doyal (GA) drivers have ‘‘no established medical
complications. Each meets the vision Maximiliano Duarte (AL) history or clinical diagnosis of epilepsy
requirement at 49 CFR 391.41(b)(10). Thomas P. Dubia (NH) or any other condition which is likely
Consequently, FMCSA finds that in Michael W. Fellows (WA) to cause loss of consciousness or any
each case exempting these applicants Raydon R. Gall (ND) loss of ability to control a CMV.’’ The
from the diabetes requirement in 49 CFR exemptions enable these individuals
Clifford O. Hayter (FL)
391.41(b)(3) is likely to achieve a level who have had one or more seizures and
of safety equal to that existing without Anthony A. Helms, Sr. (SC)
are taking anti-seizure medication to
the exemption. Brian D. Hopper (OK)
continue to operate CMVs in interstate
Terry R. Hunter (IL) commerce.
V. Conditions and Requirements James C. Illingsworth (PA)
DATES: The exemptions were applicable
The terms and conditions of the Christopher M. Joswak (MI)
on February 14, 2018. The exemptions
exemption are provided to the Matthew S. Keas (KS) expire on February 14, 2020.
applicants in the exemption document Matthew T. Leyden (NE)
and includes the following: (1) Each FOR FURTHER INFORMATION CONTACT: Ms.
Jessica M. Merchen (GA)
driver must submit a quarterly Christine A. Hydock, Chief, Medical
Charlie Moore, Jr. (NY) Programs Division, (202) 366–4001,
monitoring checklist completed by the Wayne R. Mowery (PA)
treating endocrinologist as well as an fmcsamedical@dot.gov, FMCSA,
Jesteva L. Moye-Hosey (OH) Department of Transportation, 1200
annual checklist with a comprehensive Imelda Ortiz (NM)
medical evaluation; (2) each driver must New Jersey Avenue SE, Room W64–224,
Wesley H. Pollock (OH) Washington, DC 20590–0001. Office
report within two business days of
occurrence, all episodes of severe Robert J. Possley (WI) hours are from 8:30 a.m. to 5 p.m., e.t.,
hypoglycemia, significant Samuel K. Sanders (KS) Monday through Friday, except Federal
complications, or inability to manage Leon J. Schlichte (IA) holidays. If you have questions
diabetes; also, any involvement in an Landon H. Tuck (TX) regarding viewing or submitting
accident or any other adverse event in Curtis D. Weinman (WA) material to the docket, contact Docket
a CMV or personal vehicle, whether or Nathaniel W. Wessel (ME) Services, telephone (202) 366–9826.
not it is related to an episode of Christopher H. Whitman (NC) SUPPLEMENTARY INFORMATION:
hypoglycemia; (3) each driver must In accordance with 49 U.S.C. 31136(e) I. Electronic Access
provide a copy of the ophthalmologist’s and 31315, each exemption will be valid
or optometrist’s report to the Medical for two years from the effective date You may see all the comments online
Examiner at the time of the annual unless revoked earlier by FMCSA. The through the Federal Document
medical examination; and (4) each exemption will be revoked if the Management System (FDMS) at: http://
driver must provide a copy of the following occurs: (1) The person fails to www.regulations.gov.
annual medical certification to the comply with the terms and conditions Docket: For access to the docket to
employer for retention in the driver’s of the exemption; (2) the exemption has read background documents or
qualification file, or keeping a copy in resulted in a lower level of safety than comments, go to http://
his/her driver’s qualification file if he/ was maintained prior to being granted; www.regulations.gov and/or Room
she is self-employed. The driver must or (3) continuation of the exemption W12–140 on the ground level of the
also have a copy of the exemption when would not be consistent with the goals West Building, 1200 New Jersey Avenue
driving, for presentation to a duly and objectives of 49 U.S.C. 31136(e) and SE, Washington, DC, between 9 a.m. and
daltland on DSKBBV9HB2PROD with NOTICES

authorized Federal, State, or local 31315. 5 p.m., e.t., Monday through Friday,
enforcement official. except Federal holidays.
Issued on: July 12, 2018. Privacy Act: In accordance with 5
VI. Preemption Larry W. Minor, U.S.C. 553(c), DOT solicits comments
During the period the exemption is in Associate Administrator for Policy. from the public to better inform its
effect, no State shall enforce any law or [FR Doc. 2018–15543 Filed 7–19–18; 8:45 am] rulemaking process. DOT posts these
regulation that conflicts with this BILLING CODE 4910–EX–P comments, without edit, including any

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Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34653

personal information the commenter years from the effective date unless docket number(s) for this notice. Note
provides, to http://www.regulations.gov, revoked earlier by FMCSA. The that all comments received will be
as described in the system of records exemption will be revoked if the posted without change to http://
notice (DOT/ALL–14 FDMS), which can following occurs: (1) The person fails to www.regulations.gov, including any
be reviewed at http://www.dot.gov/ comply with the terms and conditions personal information provided. Please
privacy. of the exemption; (2) the exemption has see the Privacy Act heading below for
resulted in a lower level of safety than further information.
II. Background was maintained prior to being granted; Docket: For access to the docket to
On April 27, 2018, FMCSA published or (3) continuation of the exemption read background documents or
a notice announcing its decision to would not be consistent with the goals comments, go to http://
renew exemptions for three individuals and objectives of 49 U.S.C. 31136 and www.regulations.gov at any time or
from the epilepsy and seizure disorders 31315. Room W12–140 on the ground level of
prohibition in 49 CFR 391.41(b)(8) to Issued on: July 13, 2018. the West Building, 1200 New Jersey
operate a CMV in interstate commerce Larry W. Minor, Avenue SE, Washington, DC, between 9
and requested comments from the a.m. and 5 p.m., e.t., Monday through
Associate Administrator for Policy.
public (83 FR 18624). The public Friday, except Federal holidays. The
[FR Doc. 2018–15544 Filed 7–19–18; 8:45 am]
comment period ended on May 29, FDMS is available 24 hours each day
2018, and no comments were received. BILLING CODE 4910–EX–P
e.t., 365 days each year. If you want
As stated in the previous notice, acknowledgment that we received your
FMCSA has evaluated the eligibility of comments, please include a self-
these applicants and determined that DEPARTMENT OF TRANSPORTATION
addressed, stamped envelope or
renewing these exemptions would Federal Motor Carrier Safety postcard or print the acknowledgement
achieve a level of safety equivalent to or Administration page that appears after submitting
greater than the level that would be comments online.
achieved by complying with the current [Docket No. FMCSA–2018–0033] Privacy Act: In accordance with 5
regulation 49 CFR 391.41(b)(8). U.S.C. 553(c), DOT solicits comments
The physical qualification standard Qualification of Drivers; Exemption
Applications; Diabetes Mellitus from the public to better inform its
for drivers regarding epilepsy found in rulemaking process. DOT posts these
49 CFR 391.41(b)(8) states that a person AGENCY: Federal Motor Carrier Safety comments, without edit, including any
is physically qualified to drive a CMV Administration (FMCSA), DOT. personal information the commenter
if that person has no established ACTION: Notice of applications for provides, to http://www.regulations.gov,
medical history or clinical diagnosis of exemption; request for comments. as described in the system of records
epilepsy or any other condition which notice (DOT/ALL–14 FDMS), which can
is likely to cause the loss of SUMMARY: FMCSA announces receipt of be reviewed at http://www.dot.gov/
consciousness or any loss of ability to applications from 60 individuals for an privacy.
control a CMV. exemption from the prohibition in the
In addition to the regulations, FMCSA Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: Ms.
has published advisory criteria to assist Regulations (FMCSRs) against persons Christine A. Hydock, Chief, Medical
Medical Examiners in determining with insulin-treated diabetes mellitus Programs Division, (202) 366–4001,
whether drivers with certain medical (ITDM) operating a commercial motor fmcsamedical@dot.gov, FMCSA,
conditions are qualified to operate a vehicle (CMV) in interstate commerce. If Department of Transportation, 1200
CMV in interstate commerce. [49 CFR granted, the exemptions would enable New Jersey Avenue SE, Room W64–224,
part 391, APPENDIX A TO PART 391— these individuals with ITDM to operate Washington, DC 20590–0001. Office
MEDICAL ADVISORY CRITERIA, CMVs in interstate commerce. hours are 8:30 a.m. to 5 p.m., e.t.,
section H. Epilepsy: § 391.41(b)(8), DATES: Comments must be received on Monday through Friday, except Federal
paragraphs 3, 4, and 5.] or before August 20, 2018. holidays. If you have questions
ADDRESSES: You may submit comments
regarding viewing or submitting
III. Discussion of Comments material to the docket, contact Docket
bearing the Federal Docket Management
FMCSA received no comments in this System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826.
proceeding. 2018–0033 using any of the following SUPPLEMENTARY INFORMATION:
IV. Conclusion methods: I. Background
• Federal eRulemaking Portal: Go to
Based upon its evaluation of the three http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
renewal exemption applications, online instructions for submitting FMCSA may grant an exemption from
FMCSA announces its decision to comments. the FMCSRs for a five-year period if it
exempt the following drivers from the • Mail: Docket Management Facility; finds ‘‘such exemption would likely
epilepsy and seizure disorders U.S. Department of Transportation, 1200 achieve a level of safety that is
prohibition in 49 CFR 391.41(b)(8): New Jersey Avenue SE, West Building equivalent to or greater than the level
Gregory L. Hrutkay, (PA) Ground Floor, Room W12–140, that would be achieved absent such
John Johnson, (WI) and Washington, DC 20590–0001. exemption.’’ The statute also allows the
George K. Webb, (MA). • Hand Delivery: West Building Agency to renew exemptions at the end
The drivers were included in docket Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants
daltland on DSKBBV9HB2PROD with NOTICES

numbers FMCSA–2013–0107; FMCSA– New Jersey Avenue SE, Washington, exemptions from the FMCSRs for a two-
2013–0109; FMCSA–2015–0119. Their DC, between 9 a.m. and 5 p.m., e.t., year period to align with the maximum
exemptions are applicable as of Monday through Friday, except Federal duration of a driver’s medical
February 14, 2018, and will expire on Holidays. certification.
February 14, 2020. • Fax: 1–202–493–2251. The 60 individuals listed in this
In accordance with 49 U.S.C. 31315, Instructions: Each submission must notice have requested an exemption
each exemption will be valid for two include the Agency name and the from the diabetes prohibition in 49 CFR

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Document Created: 2018-07-20 01:19:27
Document Modified: 2018-07-20 01:19:27

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 February 14, 2018. The exemptions expire on February 14, 2020.
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 34652

83 FR 34652 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 140 (July 20, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration