83 FR 40621 - Qualification of Drivers; Exemption Applications; Diabetes
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 158 (August 15, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 158 (August 15, 2018)
| Page Range | 40621-40624 | |
| FR Document | 2018-17610 |
[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)] [Notices] [Pages 40621-40624] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17610] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2010-0188; FMCSA-2012-0164; FMCSA-2014-0019; FMCSA- 2014-0020; FMCSA-2016-0043; FMCSA-2016-0216; FMCSA-2016-0218; FMCSA- 2016-0219] 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 192 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 September 14, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2010-0188; FMCSA-2012-0164; FMCSA-2014-0019; FMCSA-2014-0020; FMCSA-2016-0043; FMCSA-2016-0216; FMCSA-2016-0218; FMCSA-2016-0219 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 [[Page 40622]] 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 192 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 192 applicants has satisfied the renewal conditions for obtaining an exemption from the diabetes requirement (75 FR 42477; 75 FR 57329; 77 FR 46149; 77 FR 59450; 79 FR 47702; 79 FR 47711; 79 FR 63210; 81 FR 51541; 81 FR 52505; 81 FR 52947; 81 FR 59718; 81 FR 67421; 81 FR 72640; 81 FR 72651; 81 FR 84688; 82 FR 12899). 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 September and are discussed below: As of September 7, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 29 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 51541, 81 FR 72651): Larry S. Ankerson (WI) Kenneth D. Beatty (MS) Brandon J. Brown (TN) Justin D. Campbell (AL) Vito J. Dambra (PA) Linda D. Davis (IN) Frank A. DeCarolis (KS) Orlando Dominguez (CA) Scott L. Fetzer (PA) Carl E. Fisher (PA) Ryan A. Gehrke (MN) Shane R. Gousie (MA) Randal E. Hampton (NV) Reginald M. Hart (GA) Dennis J. Kniffen (SD) Allen E. Lemaster (SC) Wayne F. Leonard (IL) Joshua W. Lockwood (MD) Brian P. McCabe (WA) Charles M. McKenzie (OH) Michael C. McNamara (SC) Michael S. Meulenberg (MI) Timothy J. Newton (IA) David T. Petty (CA) Ronald K. Roe (PA) Harry W. Roebuck (TX) James D. Tichnor (NJ) Scott W. Waterman (SD) Richard A. Wojciak (CT) The drivers were included in docket number FMCSA-2016-0043. Their exemptions are applicable as of September 7, 2018, and will expire on September 7, 2020. As of September 8, 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 52505, 81 FR 84688): Robert C. Bartleson (WI) Melvin J. Bowers (SC) Howard A. Cambridge (PA) Donald J. Charette (CT) Robert C. Davis (PA) Matthew P. Delaney (MA) Scot D. Dragon (CT) Patrick J. Flynn (IA) Tyson E. Frazier (NH) Charles R. Hurston (LA) Lovie L. Ivory (AL) Rodrigo Jackson (TX) Keith L. Jaynes (ME) James J. Jopp (MN) Evan D. Keese (TN) Michael J. Kelly (NY) Mark A. Lewis (SD) Lloyd I. Lynn (IA) Vincent Marino (WV) Dean A. McCoy (IA) Bruce A. Miller (IA) Eric J. O'Neal (MD) Eugene E. Patterson III (TX) Michael G. Schleining (WA) Ryan A. Scopino (ME) Robert W. Shafer (SD) Terry J. Southards (KS) Timothy T. Stanton (MN) Eric W. Thomason (KS) Glenn M. Turley (WV) Randy R. Wallace (MO) Merle L. Weyer (SD) Norman D. Zamarche (UT) The drivers were included in docket number FMCSA-2016-0218. Their exemptions are applicable as of September 8, 2018, and will expire on September 8, 2020. As of September 10, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 31 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 52947, 81 FR 67421): Dale E. Bliss (WI) Charles W. Bobbitt (WA) Thomas Buckmaster (FL) Carlos A. Chapa (TX) David E. Colorado (UT) Francis J. Crawford (NY) James W. Creech (IN) Kirk A. Devitis (NJ) Melinda L. Echols (WA) Justin W. Garriott (WY) David J. Goergen (MN) Pedro L. Gonzalez (MA) Jeffrey K. Hagen (WI) Charles D. Hall (CA) Bonita K. Hunt (NC) John M. Isley (NC) Jeffrey A. Kidd (MD) Craig T. Kite (OH) Kevin E. Lester (VA) Eric T. Maier (CA) Javier Melendez (TX) Terry L. Neiman (PA) Peter Z. Pall (FL) Vernon Piper (NY) Sean A. Rivera (AZ) James R. Sauceda (NM) Tony B. Wetherell (MN) Mark A. Williams (GA) Steven M. Wilson (IL) Don E. Wood (TX) Charles P. Zenns (NY) The drivers were included in docket number FMCSA-2016-0216. Their exemptions are applicable as of September 10, 2018, and will expire on September 10, 2020. As of September 16, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 58 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from [[Page 40623]] driving CMVs in interstate commerce (79 FR 47702, 79 FR 47711, 79 FR 63210, 82 FR 12899): Vincent M. Branch (VA) James M. Brooks (VA) Perry C. Bullis (PA) Richard E. Campney (IA) James E. Cantrell, Jr. (AL) Steven J. Causie (MI) Wesley A. Chain (TX) Kristy S. Clark (VA) Richard M. Cohen (NJ) Dwayne P. Daniels (IL) James T. Dodge (CO) Richard D. Domingo (NV) John J. Dominguez (TX) Bradley C. Dunlap (IL) Gary W. Giles (TX) John A. Gillingham (PA) Ronald L. Glade (IL) Brent C. Godshalk (IN) Benny B. Gonzales (TX) Jerry W. Gott (IA) Daniel E. Harris (IL) Randy S. Holz (IA) Henderson R. Hughes (NY) James L. Hummel (WA) Joseph T. Ingiosi (MI) Michael J. Javenkoski (MN) Steven T. Juhl (WI) Joseph A. Kipus (OH) Kevin L. Kreakie (OH) Kevin C. Lewis (LA) Richard M. Mackey (TX) Paul J. Marshall (UT) David L. McDonald (IL) Kevin J. McGrath (MA) Thomas K. Miszler (PA) Jerry W. Murphy (MS) Christopher D. Murray (NC) Robert D. Noe (IL) Kyle W. Parker (CA) Gary L. Roberts (CT) Eric D. Roberts (MI) Tommy A. Rollins (GA) Janice M. Rowles (PA) William B. Rupert, Jr. (PA) Ahmed A. Saleh (MI) Bradlee R. Saxby (IL) Robert M. Schmitz (IA) Barry L. Schwab (MI) Geoffrey E. Showaker (PA) Bryce J. Smith (UT) David R. Sprenkel (PA) Jeffrey R. Stevens (PA) Artilla M. Thomas (IL) Dale W. Tucker (VA) William C. Vickery (NY) Robert A. Whitcomb (MA) Rodney L. Wichman (IL) Richard D. Wiegartz (IL) The drivers were included in docket numbers FMCSA-2014-0019, FMCSA- 2014-0020. Their exemptions are applicable as of September 16, 2018, and will expire on September 16, 2020. As of September 20, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 12 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (75 FR 42477, 75 FR 57329, 82 FR 12899): Tommy S. Boden (ID) Dustin G. Cook (OH) Nathan J. Enloe (MO) Joseph B. Hall (GA) Mark H. Horne (NH) Michael J. Hurst (MI) Chad W. Lawyer (IN) Thomas A. Mentley (NY) Justin P. Sibigtroth (IL) Duane A. Wages (ND) Michael J. Williams (NY) Edward L. Winget, Sr. (MS) The drivers were included in docket number FMCSA-2010-0188. Their exemptions are applicable as of September 20, 2018, and will expire on September 20, 2020. As of September 27, 2018, 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 rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (77 FR 46149, 77 FR 59450, 82 FR 12899): Matthew R. Lanciault (NH) Steven L. Leslie (MI) Del A. Meath (MN) Benny D. Puck (IA) Bob F. Rice (WA) The drivers were included in docket number FMCSA-2016-0164. Their exemptions are applicable as of September 27, 2018, and will expire on September 27, 2020. As of September 30, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 24 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 59718, 81 FR 72640): Scott G. Barr (FL) John L. Bauers (NE) Robert J. Borgese (NJ) Rodger L. Bratton (LA) John T. Brecken (MI) Ross L. Christenson (MN) Daniel B. Cox (WA) Raymond Davila (NJ) Craig W. Dennis (MN) Douglas Endicott (VA) Thomas P. Fogerty (MA) M. A. Gandolfo (NY) Merlyn C. Gerdes (IA) Fabian Guerrero-Rodriguez (NV) James C. Holcomb (LA) Robert J. Lockwood (CT) Adam W. Martin (MI) Lucas J. Preston (ND) William B. Robinson (AR) F. Marino M. Sanchez (NY) Andrew D. Sanford (TN) Michael A. Taylor (CT) Jerry W. Thomas (NC) Ray E. Vaughan (MN) The drivers were included in docket number FMCSA-2016-0219. Their exemptions are applicable as of September 30, 2018, and will expire on September 30, 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 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 192 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. [[Page 40624]] Issued on: August 8, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-17610 Filed 8-14-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 40621
Jacob Paulin (WI) Issued on: August 9, 2018. Instructions: Each submission must
Ryan Pope (CA) Larry W. Minor, include the Agency name and the
Ronald Rutter (CA) Associate Administrator for Policy. docket number(s) for this notice. Note
Fernando R. Savon (TX) [FR Doc. 2018–17589 Filed 8–14–18; 8:45 am] that all comments received will be
BILLING CODE 4910–EX–P
posted without change to http://
Russel Smith (OH) www.regulations.gov, including any
The drivers were included in docket personal information provided. Please
number FMCSA–2012–0123. Their DEPARTMENT OF TRANSPORTATION see the Privacy Act heading below for
exemptions are applicable as of April further information.
21, 2018, and will expire on April 21, Federal Motor Carrier Safety Docket: For access to the docket to
2020. Administration read background documents or
As of April 23, 2018, and in comments, go to http://
accordance with 49 U.S.C. 31136(e) and [Docket No. FMCSA–2010–0188; FMCSA– www.regulations.gov at any time or
31315, the following 2 individuals have 2012–0164; FMCSA–2014–0019; FMCSA– Room W12–140 on the ground level of
satisfied the renewal conditions for 2014–0020; FMCSA–2016–0043; FMCSA– the West Building, 1200 New Jersey
2016–0216; FMCSA–2016–0218; FMCSA– Avenue, SE, Washington, DC, between 9
obtaining an exemption from the 2016–0219]
hearing requirement in the FMCSRs for a.m. and 5 p.m., e.t., Monday through
interstate CMV drivers (83 FR 6673). Qualification of Drivers; Exemption Friday, except Federal holidays. The
Donald Lynch (SC); and Zachery Rietz Applications; Diabetes FDMS is available 24 hours each day
(TX). e.t., 365 days each year. If you want
The drivers were included in docket AGENCY: Federal Motor Carrier Safety acknowledgment that we received your
number FMCSA–2012–0322. Their Administration (FMCSA), DOT. comments, please include a self-
exemptions are applicable April 23, ACTION: Notice of renewal of addressed, stamped envelope or
2018, and will expire on April 23, 2020. exemptions; request for comments. postcard or print the acknowledgement
page that appears after submitting
As of April 24, 2018, and in SUMMARY: FMCSA announces its comments online.
accordance with 49 U.S.C. 31136(e) and decision to renew exemptions for 192 Privacy Act: In accordance with 5
31315, the following 3 individuals have individuals from its prohibition in the U.S.C. 553(c), DOT solicits comments
satisfied the renewal conditions for Federal Motor Carrier Safety from the public to better inform its
obtaining an exemption from the Regulations (FMCSRs) against persons rulemaking process. DOT posts these
hearing requirement in the FMCSRs for with insulin-treated diabetes mellitus comments, without edit, including any
interstate CMV drivers (83 FR 6673). (ITDM) from operating commercial personal information the commenter
Kwinton Carpenter (OH); Darren motor vehicles (CMVs) in interstate provides, to http://www.regulations.gov,
Norquist (WI); and Andery Shevechenko commerce. The exemptions enable these as described in the system of records
(MN). individuals with ITDM to continue to notice (DOT/ALL–14 FDMS), which can
The drivers were included in docket operate CMVs in interstate commerce. be reviewed at http://www.dot.gov/
number FMCSA–2013–0122. Their DATES: Each group of renewed privacy.
exemptions are applicable as of April exemptions were applicable on the
24, 2018, and will expire on April 24, FOR FURTHER INFORMATION CONTACT: Ms.
dates stated in the discussions below Christine A. Hydock, Chief, Medical
2020. and will expire on the dates stated in Programs Division, 202–366–4001,
As of April 27, 2018, and in the discussions below. Comments must fmcsamedical@dot.gov, FMCSA,
accordance with 49 U.S.C. 31136(e) and be received on or before September 14, Department of Transportation, 1200
31315, the following 3 individuals have 2018. New Jersey Avenue SE, Room W64–224,
satisfied the renewal conditions for ADDRESSES: You may submit comments Washington, DC 20590–0001. Office
obtaining an exemption from the bearing the Federal Docket Management hours are from 8:30 a.m. to 5:30 p.m.,
hearing requirement in the FMCSRs for System (FDMS) Docket No. FMCSA– e.t., Monday through Friday, except
interstate CMV drivers (83 FR 6673). 2010–0188; FMCSA–2012–0164; Federal holidays. If you have questions
Tonya Bland, (MD); John Ferguson, FMCSA–2014–0019; FMCSA–2014– regarding viewing or submitting
(IL); and Michael McCarthy. 0020; FMCSA–2016–0043; FMCSA– material to the docket, contact Docket
The drivers were included in docket 2016–0216; FMCSA–2016–0218; Services, telephone (202) 366–9826.
number FMCSA–2015–0329. Their FMCSA–2016–0219 using any of the SUPPLEMENTARY INFORMATION:
exemptions are applicable as of April following methods:
27, 2018, and will expire on April 27, • Federal eRulemaking Portal: Go to I. Background
2020. http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
In accordance with 49 U.S.C. 31315, online instructions for submitting FMCSA may grant an exemption for five
each exemption will be valid for two comments. years if it finds ‘‘such exemption would
years from the effective date unless • Mail: Docket Management Facility; likely achieve a level of safety that is
revoked earlier by FMCSA. The U.S. Department of Transportation, 1200 equivalent to or greater than the level
exemption will be revoked if the New Jersey Avenue SE, West Building that would be achieved absent such
following occurs: (1) The person fails to Ground Floor, Room W12–140, exemption.’’ The statute also allows the
comply with the terms and conditions Washington, DC 20590–0001. Agency to renew exemptions at the end
daltland on DSKBBV9HB2PROD with NOTICES
of the exemption; (2) the exemption has • Hand Delivery: West Building of the five-year period. FMCSA grants
resulted in a lower level of safety than Ground Floor, Room W12–140, 1200 exemptions from the FMCSRs for a two-
was maintained prior to being granted; New Jersey Avenue SE, Washington, year period to align with the maximum
or (3) continuation of the exemption DC, between 9 a.m. and 5 p.m., e.t., duration of a driver’s medical
would not be consistent with the goals Monday through Friday, except Federal certification.
and objectives of 49 U.S.C. 31136 and Holidays. The physical qualification standard
31315. • Fax: 1–202–493–2251. for drivers regarding diabetes found in
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![40624 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices
Issued on: August 8, 2018. • Fax: 1–202–493–2251. The physical qualification standard
Larry W. Minor, Instructions: Each submission must for drivers regarding epilepsy found in
Associate Administrator for Policy. include the Agency name and the 49 CFR 391.41(b)(8) states that a person
[FR Doc. 2018–17610 Filed 8–14–18; 8:45 am] docket number(s) for this notice. Note is physically qualified to drive a CMV
BILLING CODE 4910–EX–P that all comments received will be if that person has no established
posted without change to http:// medical history or clinical diagnosis of
www.regulations.gov, including any epilepsy or any other condition which
DEPARTMENT OF TRANSPORTATION personal information provided. Please is likely to cause the loss of
see the Privacy Act heading below for consciousness or any loss of ability to
Federal Motor Carrier Safety further information. control a CMV.
Administration Docket: For access to the docket to In addition to the regulations, FMCSA
read background documents or has published advisory criteria to assist
[Docket Nos. FMCSA 2012–0294; FMCSA
2013–0442; FMCSA–2013–0445; FMCSA– comments, go to http:// Medical Examiners in determining
2015–0321] www.regulations.gov at any time or whether drivers with certain medical
Room W12–140 on the ground level of conditions are qualified to operate a
Qualification of Drivers; Exemption CMV in interstate commerce. [49 CFR
the West Building, 1200 New Jersey
Applications; Epilepsy and Seizure part 391, APPENDIX A TO PART 391—
Avenue SE, Washington, DC, between 9
Disorders MEDICAL ADVISORY CRITERIA,
a.m. and 5 p.m., e.t., Monday through
section H. Epilepsy: § 391.41(b)(8),
AGENCY: Federal Motor Carrier Safety Friday, except Federal holidays. The
paragraphs 3, 4, and 5.]
Administration (FMCSA), DOT. FDMS is available 24 hours each day The four individuals listed in this
ACTION: Notice of renewal of e.t., 365 days each year. If you want notice have requested renewal of their
exemptions; request for comments. acknowledgment that we received your exemptions from the epilepsy and
comments, please include a self- seizure disorders prohibition in 49 CFR
SUMMARY: FMCSA announces its addressed, stamped envelope or 391.41(b)(8), in accordance with
decision to renew exemptions for four postcard or print the acknowledgement FMCSA procedures. Accordingly,
individuals from the requirement in the page that appears after submitting FMCSA has evaluated these
Federal Motor Carrier Safety comments online. applications for renewal on their merits
Regulations (FMCSRs) that interstate Privacy Act: In accordance with 5 and decided to extend each exemption
commercial motor vehicle (CMV) U.S.C. 553(c), DOT solicits comments for a renewable two-year period.
drivers have ‘‘no established medical from the public to better inform its
history or clinical diagnosis of epilepsy rulemaking process. DOT posts these II. Request for Comments
or any other condition which is likely comments, without edit, including any Interested parties or organizations
to cause loss of consciousness or any personal information the commenter possessing information that would
loss of ability to control a CMV.’’ The provides, to http://www.regulations.gov, otherwise show that any, or all, of these
exemptions enable these individuals as described in the system of records drivers are not currently achieving the
who have had one or more seizures and notice (DOT/ALL–14 FDMS), which can statutory level of safety should
are taking anti-seizure medication to be reviewed at http://www.dot.gov/ immediately notify FMCSA. The
continue to operate CMVs in interstate privacy. Agency will evaluate any adverse
commerce. evidence submitted and, if safety is
DATES: Each group of renewed
FOR FURTHER INFORMATION CONTACT: Ms.
being compromised or if continuation of
exemptions were applicable on the Christine A. Hydock, Chief, Medical
the exemption would not be consistent
dates stated in the discussions below Programs Division, 202–366–4001,
with the goals and objectives of 49
and will expire on the dates stated in fmcsamedical@dot.gov, FMCSA,
U.S.C. 31136(e) and 31315, FMCSA will
the discussions below. Comments must Department of Transportation, 1200
take immediate steps to revoke the
be received on or before September 14, New Jersey Avenue SE, Room W64–224,
exemption of a driver.
2018. Washington, DC 20590–0001. Office
hours are from 8:30 a.m. to 5 p.m., e.t., III. Basis for Renewing Exemptions
ADDRESSES: You may submit comments
Monday through Friday, except Federal In accordance with 49 U.S.C. 31136(e)
bearing the Federal Docket Management holidays. If you have questions
System (FDMS) Docket Nos. FMCSA and 31315, each of the four applicants
regarding viewing or submitting has satisfied the renewal conditions for
2012–0294; FMCSA 2013–0442; material to the docket, contact Docket
FMCSA–2013–0445; FMCSA–2015– obtaining an exemption from the
Services, telephone (202) 366–9826. epilepsy and seizure disorders
0321 using any of the following
methods: SUPPLEMENTARY INFORMATION: prohibition. The four drivers in this
• Federal eRulemaking Portal: Go to I. Background
notice remain in good standing with the
http://www.regulations.gov. Follow the Agency, have maintained their medical
online instructions for submitting Under 49 U.S.C. 31136(e) and 31315, monitoring and have not exhibited any
comments. FMCSA may grant an exemption for five medical issues that would compromise
• Mail: Docket Management Facility; years if it finds ‘‘such exemption would their ability to safely operate a CMV
U.S. Department of Transportation, 1200 likely achieve a level of safety that is during the previous two-year exemption
New Jersey Avenue SE, West Building equivalent to or greater than the level period. In addition, for Commercial
Ground Floor, Room W12–140, that would be achieved absent such Driver’s License (CDL) holders, the
daltland on DSKBBV9HB2PROD with NOTICES
Washington, DC 20590–0001. exemption.’’ The statute also allows the Commercial Driver’s License
• Hand Delivery: West Building Agency to renew exemptions at the end Information System (CDLIS) and the
Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants Motor Carrier Management Information
New Jersey Avenue SE, Washington, exemptions from the FMCSRs for a two- System (MCMIS) are searched for crash
DC, between 9 a.m. and 5 p.m., e.t., year period to align with the maximum and violation data. For non-CDL
Monday through Friday, except Federal duration of a driver’s medical holders, the Agency reviews the driving
Holidays. certification. records from the State Driver’s
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Document Created: 2018-08-15 01:26:04
Document Modified: 2018-08-15 01:26:04
| 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 September 14, 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 40621 |
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