83 FR 34669 - 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)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 140 (July 20, 2018)
| Page Range | 34669-34670 | |
| FR Document | 2018-15576 |
[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)] [Notices] [Pages 34669-34670] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15576] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2006-25854; FMCSA-2013-0108; FMCSA-2014-0382] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to renew exemptions for five 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 December 23, 2017. The exemptions expire on December 23, 2019. 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 [[Page 34670]] 5 p.m., e.t., Monday through Friday, except Federal holidays. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. II. Background On February 15, 2018, FMCSA published a notice announcing its decision to renew exemptions for five 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 (FR 83 6927). The public comment period ended on March 19, 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 preceding. IV. Conclusion Based upon its evaluation of the five renewal exemption applications, FMCSA announces its' decision to exempt the following drivers from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8): As of December 23, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following five individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers (83 FR 6927): Gary Freeman (AL) Aaron Gillette (SD) David L. Kestner (VA) Chad B. Smith (MA) Trever A. Williams (MN) The drivers were included in docket numbers FMCSA-2006-25854; FMCSA-2013-0108; FMCSA-2014-0382. Their exemptions are applicable as of December 23, 2017, and will expire on December 23, 2019. In accordance with 49 U.S.C. 31315, each exemption will be valid for two years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. Issued on: July 13, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-15576 Filed 7-19-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34669
20, and in his left eye, no light accumulating 240,000 miles, and Issued on: July 12, 2018.
perception. Following an examination tractor-trailer combinations for eight Larry W. Minor,
in 2017, his ophthalmologist stated, ‘‘In years, accumulating 16,000 miles. He Associate Administrator for Policy.
my medical opinion, the patient holds a Class A CDL from Minnesota. [FR Doc. 2018–15552 Filed 7–19–18; 8:45 am]
continues to have sufficient vision to His driving record for the last three BILLING CODE 4910–EX–P
perform driving tasks required as a years shows no crashes and no
commercial vehicle operator.’’ Mr. convictions for moving violations in a
Hawkins reported that he has driven CMV. DEPARTMENT OF TRANSPORTATION
tractor-trailer combinations for 35 years,
accumulating 2.8 million miles. He III. Request for Comments Federal Motor Carrier Safety
holds a Class A CDL from North In accordance with 49 U.S.C. 31136(e) Administration
Carolina. His driving record for the last and 31315, FMCSA requests public [Docket No. FMCSA–2006–25854; FMCSA–
three years shows no crashes and no comment from all interested persons on 2013–0108; FMCSA–2014–0382]
convictions for moving violations in a the exemption petitions described in
CMV. this notice. We will consider all Qualification of Drivers; Exemption
Timothy D. Lundvall comments and material received before Applications; Epilepsy and Seizure
the close of business on the closing date Disorders
Mr. Lundvall, 61, has had glaucoma
indicated in the dates section of the
in his right eye since 2013. The visual AGENCY: Federal Motor Carrier Safety
acuity in his right eye is hand motion, notice.
Administration (FMCSA), DOT.
and in his left eye, 20/20. Following an IV. Submitting Comments ACTION: Notice of final disposition.
examination in 2018, his
ophthalmologist stated, ‘‘In my opinion, You may submit your comments and SUMMARY: FMCSA announces its
Mr. Lundvall has sufficient vision to material online or by fax, mail, or hand decision to renew exemptions for five
perform the driving tasks required to delivery, but please use only one of individuals from the requirement in the
operate a commercial vehicle.’’ Mr. these means. FMCSA recommends that Federal Motor Carrier Safety
Lundvall reported that he has driven you include your name and a mailing Regulations (FMCSRs) that interstate
straight trucks for 30 years, address, an email address, or a phone commercial motor vehicle (CMV)
accumulating 45,000 miles, and tractor- number in the body of your document drivers have ‘‘no established medical
trailer combinations for 15 years, so that FMCSA can contact you if there history or clinical diagnosis of epilepsy
accumulating 900,000 miles. He holds a are questions regarding your or any other condition which is likely
Class A CDL from Nebraska. His driving submission. to cause loss of consciousness or any
record for the last three years shows no To submit your comment online, go to loss of ability to control a CMV.’’ The
crashes and no convictions for moving http://www.regulations.gov and in the exemptions enable these individuals
violations in a CMV. search box insert the docket number who have had one or more seizures and
Eric D. Smith FMCSA–2018–0015 and click the search are taking anti-seizure medication to
button. When the new screen appears, continue to operate CMVs in interstate
Mr. Smith, 54, has had a cataract in click on the blue ‘‘Comment Now!’’ commerce.
his left eye since 2014. The visual acuity button on the right hand side of the DATES: The exemptions were applicable
in his right eye is 20/15, and in his left page. On the new page, enter on December 23, 2017. The exemptions
eye, hand motion. Following an information required including the expire on December 23, 2019.
examination in 2018, his optometrist specific section of this document to
stated, ‘‘In my medical opinion, I feel FOR FURTHER INFORMATION CONTACT: Ms.
which each comment applies, and Christine A. Hydock, Chief, Medical
that the patient has sufficient vision to provide a reason for each suggestion or
perform the driving tasks required to Programs Division, (202) 366–4001,
recommendation. If you submit your fmcsamedical@dot.gov, FMCSA,
operate a commercial vehicle.’’ Mr. comments by mail or hand delivery,
Smith reported that he has driven Department of Transportation, 1200
submit them in an unbound format, no New Jersey Avenue SE, Room W64–224,
tractor-trailer combinations for nine larger than 81⁄2 by 11 inches, suitable for
years, accumulating 1.35 million miles. Washington, DC 20590–0001. Office
copying and electronic filing. If you hours are from 8:30 a.m. to 5 p.m., e.t.,
He holds a Class A CDL from Georgia. submit comments by mail and would
His driving record for the last three Monday through Friday, except Federal
like to know that they reached the holidays. If you have questions
years shows no crashes and one facility, please enclose a stamped, self-
conviction for a moving violation in a regarding viewing or submitting
addressed postcard or envelope. material to the docket, contact Docket
CMV; failure to keep in proper lane.
We will consider all comments and Services, telephone (202) 366–9826.
Mark E. Thesing materials received during the comment SUPPLEMENTARY INFORMATION:
Mr. Thesing, 59, has had optic nerve period. FMCSA may issue a final
hypoplasia in his left eye since birth. determination at any time after the close I. Electronic Access
The visual acuity in his right eye is 20/ of the comment period. You may see all the comments online
20, and in his left eye, counting fingers. V. Viewing Comments and Documents through the Federal Document
Following an examination in 2018, his Management System (FDMS) at: http://
optometrist stated, ‘‘It is my opinion To view comments, as well as any www.regulations.gov.
daltland on DSKBBV9HB2PROD with NOTICES
that Mr. Thesing has sufficient vision to documents mentioned in this preamble, Docket: For access to the docket to
perform the driving tasks required to go to http://www.regulations.gov and in read background documents or
operate a commercial vehicle vehicle the search box insert the docket number comments, go to http://
[sic] as he has demonstrated during his FMCSA–2018–0015 and click ‘‘Search.’’ www.regulations.gov and/or Room
career requiring no restrictions.’’ Mr. Next, click ‘‘Open Docket Folder’’ and W12–140 on the ground level of the
Thesing reported that he has driven you will find all documents and West Building, 1200 New Jersey Avenue
straight trucks for 40 years, comments related to this notice. SE, Washington, DC, between 9 a.m. and
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![34670 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices
5 p.m., e.t., Monday through Friday, have satisfied the renewal conditions for DATES: The exemptions were applicable
except Federal holidays. obtaining an exemption from the on May 19, 2018. The exemptions
Privacy Act: In accordance with 5 epilepsy and seizure disorders expire on May 19, 2020. Comments
U.S.C. 553(c), DOT solicits comments prohibition in the FMCSRs for interstate must be received on or before August
from the public to better inform its CMV drivers (83 FR 6927): 20, 2018.
rulemaking process. DOT posts these Gary Freeman (AL) ADDRESSES: You may submit comments
comments, without edit, including any Aaron Gillette (SD) bearing the Federal Docket Management
personal information the commenter David L. Kestner (VA) System (FDMS) Docket No. FMCSA–
provides, to http://www.regulations.gov, Chad B. Smith (MA) 2013–0443 using any of the following
as described in the system of records Trever A. Williams (MN) methods:
notice (DOT/ALL–14 FDMS), which can The drivers were included in docket • Federal eRulemaking Portal: Go to
be reviewed at http://www.dot.gov/ numbers FMCSA–2006–25854; http://www.regulations.gov. Follow the
privacy. FMCSA–2013–0108; FMCSA–2014– online instructions for submitting
II. Background 0382. Their exemptions are applicable comments.
as of December 23, 2017, and will expire • Mail: Docket Management Facility,
On February 15, 2018, FMCSA U.S. Department of Transportation, 1200
on December 23, 2019.
published a notice announcing its In accordance with 49 U.S.C. 31315, New Jersey Avenue SE, West Building
decision to renew exemptions for five each exemption will be valid for two Ground Floor, Room W12–140,
individuals from the epilepsy and years from the effective date unless Washington, DC 20590–0001.
seizure disorders prohibition in 49 CFR revoked earlier by FMCSA. The • Hand Delivery: West Building
391.41(b)(8) to operate a CMV in exemption will be revoked if the Ground Floor, Room W12–140, 1200
interstate commerce and requested following occurs: (1) The person fails to New Jersey Avenue SE, Washington,
comments from the public (FR 83 6927). comply with the terms and conditions DC, between 9 a.m. and 5 p.m., e.t.,
The public comment period ended on of the exemption; (2) the exemption has Monday through Friday, except Federal
March 19, 2018, and no comments were resulted in a lower level of safety than Holidays.
received. was maintained prior to being granted; • Fax: 1–202–493–2251.
As stated in the previous notice, Instructions: Each submission must
or (3) continuation of the exemption
FMCSA has evaluated the eligibility of include the Agency name and the
would not be consistent with the goals
these applicants and determined that docket number(s) for this notice. Note
and objectives of 49 U.S.C. 31136 and
renewing these exemptions would that all comments received will be
31315.
achieve a level of safety equivalent to or posted without change to http://
greater than the level that would be Issued on: July 13, 2018.
www.regulations.gov, including any
achieved by complying with the current Larry W. Minor, personal information provided. Please
regulation 49 CFR 391.41(b)(8). Associate Administrator for Policy. see the Privacy Act heading below for
The physical qualification standard [FR Doc. 2018–15576 Filed 7–19–18; 8:45 am] further information.
for drivers regarding epilepsy found in BILLING CODE 4910–EX–P Docket: For access to the docket to
49 CFR 391.41(b)(8) states that a person read background documents or
is physically qualified to drive a CMV comments, go to http://
if that person has no established DEPARTMENT OF TRANSPORTATION www.regulations.gov at any time or
medical history or clinical diagnosis of Room W12–140 on the ground level of
epilepsy or any other condition which Federal Motor Carrier Safety the West Building, 1200 New Jersey
is likely to cause the loss of Administration Avenue SE, Washington, DC, between 9
consciousness or any loss of ability to [Docket No. FMCSA–2013–0443] a.m. and 5 p.m., e.t., Monday through
control a CMV. Friday, except Federal holidays. The
In addition to the regulations, FMCSA Qualification of Drivers; Exemption FDMS is available 24 hours each day
has published advisory criteria to assist Applications; Epilepsy and Seizure e.t., 365 days each year. If you want
Medical Examiners in determining Disorders acknowledgment that we received your
whether drivers with certain medical comments, please include a self-
conditions are qualified to operate a AGENCY: Federal Motor Carrier Safety
addressed, stamped envelope or
CMV in interstate commerce. [49 CFR Administration (FMCSA), DOT.
postcard or print the acknowledgement
part 391, APPENDIX A TO PART 391— ACTION: Notice of renewal of
page that appears after submitting
MEDICAL ADVISORY CRITERIA, exemptions; request for comments. comments online.
section H. Epilepsy: § 391.41(b)(8), Privacy Act: In accordance with 5
paragraphs 3, 4, and 5.] SUMMARY: FMCSA announces its
decision to renew exemptions for five U.S.C. 553(c), DOT solicits comments
III. Discussion of Comments individuals from the requirement in the from the public to better inform its
Federal Motor Carrier Safety rulemaking process. DOT posts these
FMCSA received no comments in this comments, without edit, including any
preceding. Regulations (FMCSRs) that interstate
commercial motor vehicle (CMV) personal information the commenter
IV. Conclusion drivers have ‘‘no established medical provides, to http://www.regulations.gov,
Based upon its evaluation of the five history or clinical diagnosis of epilepsy as described in the system of records
renewal exemption applications, or any other condition which is likely notice (DOT/ALL–14 FDMS), which can
daltland on DSKBBV9HB2PROD with NOTICES
FMCSA announces its’ decision to to cause loss of consciousness or any be reviewed at http://www.dot.gov/
exempt the following drivers from the loss of ability to control a CMV.’’ The privacy.
epilepsy and seizure disorders exemptions enable these individuals FOR FURTHER INFORMATION CONTACT: Ms.
prohibition in 49 CFR 391.41(b)(8): who have had one or more seizures and Christine A. Hydock, Chief, Medical
As of December 23, 2017, and in are taking anti-seizure medication to Programs Division, 202–366–4001,
accordance with 49 U.S.C. 31136(e) and continue to operate CMVs in interstate fmcsamedical@dot.gov, FMCSA,
31315, the following five individuals commerce. Department of Transportation, 1200
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Document Created: 2018-07-20 01:18:46
Document Modified: 2018-07-20 01:18:46
| 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 December 23, 2017. The exemptions expire on December 23, 2019. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 83 FR 34669 |
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