83 FR 40625 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 158 (August 15, 2018)

Page Range		40625-40627
FR Document		2018-17566

FMCSA announces its decision to renew exemptions for 20 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 158 (Wednesday, August 15, 2018)

[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Notices]
[Pages 40625-40627]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17566]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0389; FMCSA-2012-0294; FMCSA-2013-0109; FMCSA-
2013-0442; FMCSA-2014-0380; FMCSA 2015-0321]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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 20 
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: 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 Nos. FMCSA-2011-0389; FMCSA-2012-0294; 
FMCSA-2013-0109; FMCSA-2013-0442; FMCSA-2014-0380; FMCSA 2015-0321 
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

[[Page 40626]]

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 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 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.]
    The 20 individuals listed in this notice have requested renewal of 
their exemptions from the epilepsy and seizure disorders prohibition in 
49 CFR 391.41(b)(8), 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

    In accordance with 49 U.S.C. 31136(e) and 31315, each of the 20 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the epilepsy and seizure disorders prohibition. The 20 
drivers in this notice remain in good standing with the Agency, have 
maintained their 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. In addition, for 
Commercial Driver's License (CDL) holders, the Commercial Driver's 
License Information System (CDLIS) and the Motor Carrier Management 
Information System (MCMIS) are searched for crash and violation data. 
For non-CDL holders, the Agency reviews the driving records from the 
State Driver's Licensing Agency (SDLA). These factors provide an 
adequate basis for predicting each driver's ability to continue to 
safely operate a CMV in interstate commerce. Therefore, FMCSA concludes 
that extending the exemption for each renewal applicant 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 April and 
are discussed below:
    As of April 8, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following four individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers:

Jeffrey F. Ballweg (WI)
Harold J. Durkee (WI)
Michael C. Ranalli (PA)
Lonnie M. Rieker (IL)

    The drivers were included in docket numbers FMCSA-2011-0389; FMCSA-
2012-0294; FMCSA-2013-0109; FMCSA-2014-0380. Their exemptions are 
applicable as of April 8, 2018, and will expire on April 8, 2020.
    As of April 11, 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 epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers:

Robert P. Brackett (ME)
Kelly L. Frederick (LA)
Scott W. Gessner (PA)
Jerry L. Henderson (IN)
Preston R. Kanagy (TN)
Scott A. Lowe (MA)
Steven D. Shirley (UT)
Matthew J. Staley (CO)
Mohammad S. Warrad (IA)
Richard J. Wenner (MN)
John C. Wolfe (PA)
Dennis R. Zayic (MN)

    The drivers were included in docket number FMCSA-2015-0321. Their 
exemptions are applicable as of April 11, 2018, and will expire on 
April 11, 2020.
    As of April 23, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following four individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers:

Raymond Lobo (NJ)
Randy L. Pinto (PA)
James M. Spece (PA)
Joseph A. Thomas (MD)

    The drivers were included in docket number FMCSA-2013-0442. Their 
exemptions are applicable as of April 23, 2018, and will expire on 
April 23, 2020.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions: 
(1) Each driver must remain seizure-free and maintain a stable 
treatment during the two-year exemption period; (2) each driver must 
submit annual reports from their treating physicians attesting to the 
stability of treatment and that the driver has remained seizure-free; 
(3) each driver must undergo an annual medical examination by a 
certified Medical Examiner, as defined by 49 CFR 390.5; 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 of 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

[[Page 40627]]

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 20 exemption applications, FMCSA 
renews the exemptions of the aforementioned drivers from the epilepsy 
and seizure disorders prohibition in 49 CFR 391.41 (b)(8). In 
accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be 
valid for two years unless revoked earlier by FMCSA.

    Issued on: August 9, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-17566 Filed 8-14-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 40625

Licensing Agency (SDLA). These factors the employer for retention in the to cause loss of consciousness or any
provide an adequate basis for predicting driver’s qualification file, or keep a copy loss of ability to control a CMV.’’ The
each driver’s ability to continue to of his/her driver’s qualification file if exemptions enable these individuals
safely operate a CMV in interstate he/she is self-employed. The driver who have had one or more seizures and
commerce. Therefore, FMCSA must also have a copy of the exemption are taking anti-seizure medication to
concludes that extending the exemption when driving, for presentation to a duly continue to operate CMVs in interstate
for each renewal applicant for a period authorized Federal, State, or local commerce.
of two years is likely to achieve a level enforcement official. The exemption DATES: Each group of renewed
of safety equal to that existing without will be rescinded if: (1) The person fails exemptions were applicable on the
the exemption. to comply with the terms and dates stated in the discussions below
In accordance with 49 U.S.C. 31136(e) conditions of the exemption; (2) the and will expire on the dates stated in
and 31315, the following groups of exemption has resulted in a lower level the discussions below. Comments must
drivers received renewed exemptions in of safety than was maintained before it be received on or before September 14,
the month of July and are discussed was granted; or (3) continuation of the 2018.
below: exemption would not be consistent with ADDRESSES: You may submit comments
As of July 5, 2018, and in accordance the goals and objectives of 49 U.S.C. bearing the Federal Docket Management
with 49 U.S.C. 31136(e) and 31315, the 31136(e) and 31315. System (FDMS) Docket Nos. FMCSA–
following individual has satisfied the
V. Preemption 2011–0389; FMCSA–2012–0294;
renewal conditions for obtaining an
FMCSA–2013–0109; FMCSA–2013–
exemption from the epilepsy and During the period the exemption is in
0442; FMCSA–2014–0380; FMCSA
seizure disorders prohibition in the effect, no State shall enforce any law or
2015–0321 using any of the following
FMCSRs for interstate CMV drivers: regulation that conflicts with this
Brian Checkley, Jr. (NJ). methods:
exemption with respect to a person
This driver was included in docket • Federal eRulemaking Portal: Go to
operating under the exemption.
number FMCSA–2015–0321. His http://www.regulations.gov. Follow the
exemption is applicable as of July 5, VI. Conclusion online instructions for submitting
2018, and will expire on July 5, 2020. Based upon its evaluation of the four comments.
As of July 8, 2018, and in accordance exemption applications, FMCSA renews • Mail: Docket Management Facility;
with 49 U.S.C. 31136(e) and 31315, the the exemptions of the aforementioned U.S. Department of Transportation, 1200
following two individuals have satisfied drivers from the epilepsy and seizure New Jersey Avenue SE, West Building
the renewal conditions for obtaining an disorders prohibition in 49 CFR Ground Floor, Room W12–140,
exemption from the epilepsy and 391.41(b)(8). In accordance with 49 Washington, DC 20590–0001.
seizure disorders prohibition in the U.S.C. 31136(e) and 31315, each • Hand Delivery: West Building
FMCSRs for interstate CMV drivers: exemption will be valid for two years Ground Floor, Room W12–140, 1200
Samuel Beverly (VA) and Michael unless revoked earlier by FMCSA. New Jersey Avenue SE, Washington,
Duprey (CT). DC, between 9 a.m. and 5 p.m., e.t.,
Issued on: August 8, 2018. Monday through Friday, except Federal
The drivers were included in docket
Larry W. Minor, Holidays.
numbers FMCSA 2012–0294 and
FMCSA–2013–0442. Their exemptions Associate Administrator for Policy. • Fax: 1–202–493–2251.
are applicable as of July 8, 2018, and [FR Doc. 2018–17569 Filed 8–14–18; 8:45 am] Instructions: Each submission must
will expire on July 8, 2020. BILLING CODE 4910–EX–P include the Agency name and the
As of July 14, 2018, and in accordance docket number(s) for this notice. Note
with 49 U.S.C. 31136(e) and 31315, the that all comments received will be
following individual has satisfied the DEPARTMENT OF TRANSPORTATION posted without change to http://
renewal conditions for obtaining an www.regulations.gov, including any
Federal Motor Carrier Safety personal information provided. Please
exemption from the epilepsy and
Administration see the Privacy Act heading below for
seizure disorders prohibition in the
FMCSRs for interstate CMV drivers: [Docket No. FMCSA–2011–0389; FMCSA– further information.
Ronald Blount (GA). 2012–0294; FMCSA–2013–0109; FMCSA– Docket: For access to the docket to
This driver was included in docket 2013–0442; FMCSA–2014–0380; FMCSA read background documents or
number FMCSA–2013–0445. His 2015–0321] comments, go to http://
exemption is applicable as of July 14, www.regulations.gov at any time or
2018, and will expire on July 14, 2020. Qualification of Drivers; Exemption Room W12–140 on the ground level of
Applications; Epilepsy and Seizure the West Building, 1200 New Jersey
IV. Conditions and Requirements Disorders Avenue SE, Washington, DC, between 9
The exemptions are extended subject AGENCY: Federal Motor Carrier Safety a.m. and 5 p.m., e.t., Monday through
to the following conditions: (1) Each Administration (FMCSA), DOT. Friday, except Federal holidays. The
driver must remain seizure-free and ACTION: Notice of renewal of FDMS is available 24 hours each day
maintain a stable treatment during the exemptions; request for comments. e.t., 365 days each year. If you want
two-year exemption period; (2) each acknowledgment that we received your
driver must submit annual reports from SUMMARY: FMCSA announces its comments, please include a self-
their treating physicians attesting to the decision to renew exemptions for 20 addressed, stamped envelope or
daltland on DSKBBV9HB2PROD with NOTICES

stability of treatment and that the driver individuals from the requirement in the postcard or print the acknowledgement
has remained seizure-free; (3) each Federal Motor Carrier Safety page that appears after submitting
driver must undergo an annual medical Regulations (FMCSRs) that interstate comments online.
examination by a certified Medical commercial motor vehicle (CMV) Privacy Act: In accordance with 5
Examiner, as defined by 49 CFR 390.5; drivers have ‘‘no established medical U.S.C. 553(c), DOT solicits comments
and (4) each driver must provide a copy history or clinical diagnosis of epilepsy from the public to better inform its
of the annual medical certification to or any other condition which is likely rulemaking process. DOT posts these

VerDate Sep<11>2014 18:28 Aug 14, 2018 Jkt 244001 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\15AUN1.SGM 15AUN1

40626 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices

comments, without edit, including any II. Request for Comments are applicable as of April 8, 2018, and
personal information the commenter Interested parties or organizations will expire on April 8, 2020.
provides, to http://www.regulations.gov, possessing information that would As of April 11, 2018, and in
as described in the system of records otherwise show that any, or all, of these accordance with 49 U.S.C. 31136(e) and
notice (DOT/ALL–14 FDMS), which can drivers are not currently achieving the 31315, the following 12 individuals
be reviewed at http://www.dot.gov/ statutory level of safety should have satisfied the renewal conditions for
privacy. immediately notify FMCSA. The obtaining an exemption from the
Agency will evaluate any adverse epilepsy and seizure disorders
FOR FURTHER INFORMATION CONTACT: Ms. prohibition in the FMCSRs for interstate
Christine A. Hydock, Chief, Medical evidence submitted and, if safety is
being compromised or if continuation of CMV drivers:
Programs Division, 202–366–4001, Robert P. Brackett (ME)
fmcsamedical@dot.gov, FMCSA, the exemption would not be consistent
with the goals and objectives of 49 Kelly L. Frederick (LA)
Department of Transportation, 1200 Scott W. Gessner (PA)
New Jersey Avenue SE, Room W64–224, U.S.C. 31136(e) and 31315, FMCSA will
take immediate steps to revoke the Jerry L. Henderson (IN)
Washington, DC 20590–0001. Office Preston R. Kanagy (TN)
hours are from 8:30 a.m. to 5 p.m., e.t., exemption of a driver.
Scott A. Lowe (MA)
Monday through Friday, except Federal III. Basis for Renewing Exemptions Steven D. Shirley (UT)
holidays. If you have questions Matthew J. Staley (CO)
In accordance with 49 U.S.C. 31136(e)
regarding viewing or submitting Mohammad S. Warrad (IA)
and 31315, each of the 20 applicants has
material to the docket, contact Docket Richard J. Wenner (MN)
satisfied the renewal conditions for
Services, telephone (202) 366–9826. John C. Wolfe (PA)
obtaining an exemption from the
SUPPLEMENTARY INFORMATION: epilepsy and seizure disorders Dennis R. Zayic (MN)
prohibition. The 20 drivers in this The drivers were included in docket
I. Background number FMCSA–2015–0321. Their
notice remain in good standing with the
Under 49 U.S.C. 31136(e) and 31315, Agency, have maintained their medical exemptions are applicable as of April
FMCSA may grant an exemption for five monitoring and have not exhibited any 11, 2018, and will expire on April 11,
years if it finds ‘‘such exemption would medical issues that would compromise 2020.
likely achieve a level of safety that is their ability to safely operate a CMV As of April 23, 2018, and in
equivalent to or greater than the level during the previous two-year exemption accordance with 49 U.S.C. 31136(e) and
that would be achieved absent such period. In addition, for Commercial 31315, the following four individuals
exemption.’’ The statute also allows the Driver’s License (CDL) holders, the have satisfied the renewal conditions for
Agency to renew exemptions at the end Commercial Driver’s License obtaining an exemption from the
of the five-year period. FMCSA grants Information System (CDLIS) and the epilepsy and seizure disorders
exemptions from the FMCSRs for a two- Motor Carrier Management Information prohibition in the FMCSRs for interstate
year period to align with the maximum System (MCMIS) are searched for crash CMV drivers:
duration of a driver’s medical and violation data. For non-CDL Raymond Lobo (NJ)
certification. holders, the Agency reviews the driving Randy L. Pinto (PA)
records from the State Driver’s James M. Spece (PA)
The physical qualification standard
Licensing Agency (SDLA). These factors Joseph A. Thomas (MD)
for drivers regarding epilepsy found in
provide an adequate basis for predicting The drivers were included in docket
49 CFR 391.41(b)(8) states that a person
each driver’s ability to continue to number FMCSA–2013–0442. Their
is physically qualified to drive a CMV
safely operate a CMV in interstate exemptions are applicable as of April
if that person has no established
commerce. Therefore, FMCSA 23, 2018, and will expire on April 23,
medical history or clinical diagnosis of
concludes that extending the exemption 2020.
epilepsy or any other condition which
for each renewal applicant for a period
is likely to cause the loss of IV. Conditions and Requirements
of two years is likely to achieve a level
consciousness or any loss of ability to
of safety equal to that existing without The exemptions are extended subject
control a CMV.
the exemption. to the following conditions: (1) Each
In addition to the regulations, FMCSA In accordance with 49 U.S.C. 31136(e) driver must remain seizure-free and
has published advisory criteria to assist and 31315, the following groups of maintain a stable treatment during the
Medical Examiners in determining drivers received renewed exemptions in two-year exemption period; (2) each
whether drivers with certain medical the month of April and are discussed driver must submit annual reports from
conditions are qualified to operate a below: their treating physicians attesting to the
CMV in interstate commerce. [49 CFR As of April 8, 2018, and in accordance stability of treatment and that the driver
part 391, APPENDIX A TO PART 391— with 49 U.S.C. 31136(e) and 31315, the has remained seizure-free; (3) each
MEDICAL ADVISORY CRITERIA, following four individuals have satisfied driver must undergo an annual medical
section H. Epilepsy: § 391.41(b)(8), the renewal conditions for obtaining an examination by a certified Medical
paragraphs 3, 4, and 5.] exemption from the epilepsy and Examiner, as defined by 49 CFR 390.5;
The 20 individuals listed in this seizure disorders prohibition in the and (4) each driver must provide a copy
notice have requested renewal of their FMCSRs for interstate CMV drivers: of the annual medical certification to
exemptions from the epilepsy and Jeffrey F. Ballweg (WI) the employer for retention in the
daltland on DSKBBV9HB2PROD with NOTICES

seizure disorders prohibition in 49 CFR Harold J. Durkee (WI) driver’s qualification file, or keep a copy
391.41(b)(8), in accordance with Michael C. Ranalli (PA) of his/her driver’s qualification file if
FMCSA procedures. Accordingly, Lonnie M. Rieker (IL) he/she is self-employed. The driver
FMCSA has evaluated these The drivers were included in docket must also have a copy of the exemption
applications for renewal on their merits numbers FMCSA–2011–0389; FMCSA– when driving, for presentation to a duly
and decided to extend each exemption 2012–0294; FMCSA–2013–0109; authorized Federal, State, or local
for a renewable two-year period. FMCSA–2014–0380. Their exemptions enforcement official. The exemption

VerDate Sep<11>2014 18:28 Aug 14, 2018 Jkt 244001 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 E:\FR\FM\15AUN1.SGM 15AUN1

Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 40627

will be rescinded if: (1) The person fails Regulations (FMCSRs) for interstate greater than the level that would be
to comply with the terms and commercial motor vehicle (CMV) achieved by complying with the current
conditions of the exemption; (2) the drivers. The exemptions enable these regulation 49 CFR 391.41(b)(10).
exemption has resulted in a lower level individuals to continue to operate CMVs The physical qualification standard
of safety than was maintained before it in interstate commerce without meeting for drivers regarding vision found in 49
was granted; or (3) continuation of the the vision requirement in one eye. CFR 391.41(b)(10) states that a person is
exemption would not be consistent with DATES: Each group of renewed physically qualified to driver a CMV if
the goals and objectives of 49 U.S.C. exemptions were applicable on the that person has distant visual acuity of
31136(e) and 31315. dates stated in the discussions below at least 20/40 (Snellen) in each eye
and will expire on the dates stated in without corrective lenses or visual
V. Preemption acuity separately corrected to 20/40
the discussions below.
During the period the exemption is in (Snellen) or better with corrective
FOR FURTHER INFORMATION CONTACT: Ms.
effect, no State shall enforce any law or lenses, distant binocular acuity of a least
Christine A. Hydock, Chief, Medical
regulation that conflicts with this 20/40 (Snellen) in both eyes with or
Programs Division, 202–366–4001, without corrective lenses, field of vision
exemption with respect to a person
fmcsamedical@dot.gov, FMCSA, of at least 70° in the horizontal meridian
operating under the exemption.
Department of Transportation, 1200 in each eye, and the ability to recognize
VI. Conclusion New Jersey Avenue SE, Room W64–224, the colors of traffic signals and devices
Based upon its evaluation of the 20 Washington, DC 20590–0001. Office showing red, green, and amber.
exemption applications, FMCSA renews hours are from 8:30 a.m. to 5 p.m., e.t.,
the exemptions of the aforementioned Monday through Friday, except Federal III. Discussion of Comments
drivers from the epilepsy and seizure holidays. If you have questions FMCSA received no comments in this
disorders prohibition in 49 CFR 391.41 regarding viewing or submitting preceding.
(b)(8). In accordance with 49 U.S.C. material to the docket, contact Docket
Services, telephone (202) 366–9826. IV. Conclusion
31136(e) and 31315, each exemption
will be valid for two years unless SUPPLEMENTARY INFORMATION: Based upon its evaluation of the 114
revoked earlier by FMCSA. renewal exemption applications and
I. Electronic Access comments received, FMCSA confirms
Issued on: August 9, 2018.
You may see all the comments online its’ decision to exempt the following
Larry W. Minor, through the Federal Document drivers from the vision requirement in
Associate Administrator for Policy. Management System (FDMS) at: http:// 49 CFR 391.41 (b)(10):
[FR Doc. 2018–17566 Filed 8–14–18; 8:45 am] www.regulations.gov. In accordance with 49 U.S.C. 31136(e)
BILLING CODE 4910–EX–P Docket: For access to the docket to and 31315, the following groups of
read background documents or drivers received renewed exemptions in
comments, go to http:// the month of July and are discussed
DEPARTMENT OF TRANSPORTATION www.regulations.gov and/or Room below:
W12–140 on the ground level of the As of July 8, 2018, and in accordance
Federal Motor Carrier Safety with 49 U.S.C. 31136(e) and 31315, the
West Building, 1200 New Jersey Avenue
Administration following 57 individuals have satisfied
SE, Washington, DC, between 9 a.m. and
[Docket No. FMCSA–1998–4334; FMCSA– 5 p.m., e.t., Monday through Friday, the renewal conditions for obtaining an
1999–6156; FMCSA–2001–11426; FMCSA– except Federal holidays. exemption from the vision requirement
2003–16564; FMCSA–2005–22194; FMCSA– Privacy Act: In accordance with 5 in the FMCSRs for interstate CMV
2006–23773; FMCSA–2006–24015; FMCSA– U.S.C. 553(c), DOT solicits comments drivers (63 FR 66226; 64 FR 16517; 66
2006–24783; FMCSA–2007–0017; FMCSA– FR 41656; 68 FR 44837; 68 FR 74699;
2007–0071; FMCSA–2008–0021; FMCSA–
from the public to better inform its
rulemaking process. DOT posts these 69 FR 10503; 70 FR 41811; 70 FR 57353;
2009–0011; FMCSA–2009–0086; FMCSA–
2010–0050; FMCSA–2010–0082; FMCSA– comments, without edit, including any 70 FR 72689; 71 FR 6826; 71 FR 14566;
2011–0092; FMCSA–2011–0299; FMCSA– personal information the commenter 71 FR 16410; 71 FR 19602; 71 FR 30227;
2011–0366; FMCSA–2011–0379; FMCSA– provides, to http://www.regulations.gov, 72 FR 62896; 72 FR 67340; 73 FR 1395;
2012–0039; FMCSA–2012–0104; FMCSA– as described in the system of records 73 FR 6242; 73 FR 11989; 73 FR 15567;
2012–0106; FMCSA–2013–0029; FMCSA– notice (DOT/ALL–14 FDMS), which can 73 FR 16950; 73 FR 27014; 73 FR 27015;
2013–0165; FMCSA–2013–0166; FMCSA– be reviewed at http://www.dot.gov/ 74 FR 19267; 74 FR 28094; 74 FR 43221;
2013–0168; FMCSA–2013–0174; FMCSA– 74 FR 65845; 75 FR 9477; 75 FR 9480;
2014–0002; FMCSA–2014–0003; FMCSA–
privacy.
75 FR 13653; 75 FR 14656; 75 FR 19674;
2014–0004; FMCSA–2014–0005; FMCSA– II. Background
2014–0006; FMCSA–2015–0056; FMCSA– 75 FR 20881; 75 FR 22176; 75 FR 27622;
2015–0070; FMCSA–2015–0350; FMCSA– On June 18, 2018, FMCSA published 75 FR 28682; 76 FR 25766; 76 FR 37885;
2015–0351; FMCSA–2016–0024; FMCSA– a notice announcing its decision to 76 FR 44652; 76 FR 53708; 76 FR 73769;
2016–0027; FMCSA–2016–0028; FMCSA– renew exemptions for 114 individuals 76 FR 78728; 77 FR 3547; 77 FR 5874;
2016–0029; FMCSA–2016–0347] from the vision requirement in 49 CFR 77 FR 13689; 77 FR 15184; 77 FR 17107;
391.41(b)(10) to operate a CMV in 77 FR 17108; 77 FR 17115; 77 FR 17117;
Qualification of Drivers; Exemption interstate commerce and requested 77 FR 20879; 77 FR 23797; 77 FR 26816;
Applications; Vision comments from the public (83 FR 77 FR 27847; 77 FR 27850; 77 FR 29447;
AGENCY: Federal Motor Carrier Safety 28325). The public comment period 77 FR 31427; 77 FR 38386; 78 FR 34143;
daltland on DSKBBV9HB2PROD with NOTICES

Administration (FMCSA), DOT. ended on July 18, 2018, and no 78 FR 47818; 78 FR 52602; 78 FR 62935;
ACTION: Notice of final disposition. comments were received. 78 FR 63302; 78 FR 63307; 78 FR 76395;
As stated in the previous notice, 78 FR 76704; 78 FR 76705; 78 FR 77780;
SUMMARY: FMCSA announces its FMCSA has evaluated the eligibility of 78 FR 78477; 79 FR 1908; 79 FR 2248;
decision to renew exemptions for 114 these applicants and determined that 79 FR 10606; 79 FR 13085; 79 FR 14328;
individuals from the vision requirement renewing these exemptions would 79 FR 14331; 79 FR 14333; 79 FR 14571;
in the Federal Motor Carrier Safety achieve a level of safety equivalent to or 79 FR 17641; 79 FR 18391; 79 FR 18392;

VerDate Sep<11>2014 18:28 Aug 14, 2018 Jkt 244001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\15AUN1.SGM 15AUN1

Document Created: 2018-08-15 01:26:32
Document Modified: 2018-08-15 01:26:32

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 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 40625

83 FR 40625 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 158 (August 15, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration