83 FR 4550 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 21 (January 31, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 21 (January 31, 2018)
| Page Range | 4550-4551 | |
| FR Document | 2018-01932 |
[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)] [Notices] [Pages 4550-4551] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01932] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket Nos. FMCSA-2010-0203; FMCSA-2011-0389; FMCSA-2012-0050; FMCSA- 2012-0294; FMCSA-2012-0094; FMCSA-2014-0382; FMCSA-2015-0116; FMCSA- 2015-0117] 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 10 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 August 13, 2017. The exemptions expire on August 13, 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 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 November 27, 2017, FMCSA published a notice announcing its decision to renew exemptions for 10 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 (82 FR 56110). The public comment period ended on December 27, 2017 and zero 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 zero comments in this preceding. IV. Conclusion Based upon its evaluation of the 10 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): Eric J. Barnwell (MI) John W. Boerth (WI) Don C. Darbyshire (IA) Todd A. Davis (WI) Daniel Dellaserra (CA) Charles T. Gray (OK) Eric A. Hilmer (WI) David Kietzman (WI) Dennis Klamm (MN) Brian J. Wiggins (ID) The drivers were included in docket numbers FMCSA-2010-0203; FMCSA- 2011-0389; FMCSA-2012-0050; FMCSA-2012-0294; FMCSA-2012-0094; FMCSA- 2014-0382; FMCSA-2015-0116; FMCSA-2015-0117. Their exemptions are applicable as of August 13, 2017, and will expire on August 13, 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. [[Page 4551]] Issued on: January 23, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-01932 Filed 1-30-18; 8:45 am] BILLING CODE 4910-EX-P
![4550 Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices
part 395, for any truck added to its fleet to cause loss of consciousness or any greater than the level that would be
on or after December 18, 2017, until the loss of ability to control a CMV.’’ The achieved by complying with the current
company’s full transition to ELDs can be exemptions enable these individuals regulation 49 CFR 391.41(b)(8).
accomplished. Old Dominion explained who have had one or more seizures and The physical qualification standard
that the exemption would provide the are taking anti-seizure medication to for drivers regarding epilepsy found in
company time to work with its AOBRD/ continue to operate CMVs in interstate 49 CFR 391.41(b)(8) states that a person
ELD provider, PeopleNet, to complete commerce. is physically qualified to drive a CMV
the development of the software DATES: The exemptions were applicable if that person has no established
necessary to integrate ELD data with on August 13, 2017. The exemptions medical history or clinical diagnosis of
Old Dominion’s fleet management and expire on August 13, 2019. epilepsy or any other condition which
safety systems. The integration of the FOR FURTHER INFORMATION CONTACT: Ms. is likely to cause the loss of
hours-of-service data with the fleet Christine A. Hydock, Chief, Medical consciousness or any loss of ability to
management and safety systems would Programs Division, (202) 366–4001, control a CMV.
enable the company to achieve a high fmcsamedical@dot.gov, FMCSA, In addition to the regulations, FMCSA
level of safety oversight of its drivers. Department of Transportation, 1200 has published advisory criteria to assist
FMCSA considers the request to be on New Jersey Avenue SE, Room W64–224, Medical Examiners in determining
behalf of all motor carriers in similar Washington, DC 20590–0001. Office whether drivers with certain medical
situations concerning the integration of hours are from 8:30 a.m. to 5 p.m., e.t., conditions are qualified to operate a
PeopleNet’s ELD software into fleet Monday through Friday, except Federal CMV in interstate commerce. [49 CFR
management systems. holidays. If you have questions part 391, APPENDIX A TO PART 391—
Old Dominion explained that all of MEDICAL ADVISORY CRITERIA,
regarding viewing or submitting
the PeopleNet AOBRD and ELD section H. Epilepsy: § 391.41(b)(8),
material to the docket, contact Docket
hardware currently installed in Old paragraphs 3, 4, and 5.]
Services, telephone (202) 366–9826.
Dominion’s vehicles, and the systems
that will be installed in the near future, SUPPLEMENTARY INFORMATION: III. Discussion of Comments
would satisfy the ELD mandate after the I. Electronic Access FMCSA received zero comments in
company implements the transition to this preceding.
You may see all the comments online
PeopleNet’s December 15, 2017, release.
through the Federal Document IV. Conclusion
However, the new PeopleNet release
Management System (FDMS) at: http:// Based upon its evaluation of the 10
does not include the necessary means to
www.regulations.gov. renewal exemption applications,
integrate into Old Dominion’s fleet
Docket: For access to the docket to FMCSA announces its decision to
management and safety software.
A copy of Old Dominion’s application read background documents or exempt the following drivers from the
for exemption is available for review in comments, go to http:// epilepsy and seizure disorders
the docket for this notice. www.regulations.gov and/or Room prohibition in 49 CFR 391.41(b)(8):
W12–140 on the ground level of the
Issued on: January 23, 2018. West Building, 1200 New Jersey Avenue Eric J. Barnwell (MI)
Larry W. Minor, SE, Washington, DC, between 9 a.m. and John W. Boerth (WI)
Associate Administrator for Policy. 5 p.m., e.t., Monday through Friday, Don C. Darbyshire (IA)
[FR Doc. 2018–01939 Filed 1–30–18; 8:45 am] except Federal holidays. Todd A. Davis (WI)
BILLING CODE 4910–EX–P Privacy Act: In accordance with 5 Daniel Dellaserra (CA)
U.S.C. 553(c), DOT solicits comments Charles T. Gray (OK)
from the public to better inform its Eric A. Hilmer (WI)
DEPARTMENT OF TRANSPORTATION rulemaking process. DOT posts these David Kietzman (WI)
comments, without edit, including any Dennis Klamm (MN)
Federal Motor Carrier Safety personal information the commenter Brian J. Wiggins (ID)
Administration provides, to http://www.regulations.gov, The drivers were included in docket
[Docket Nos. FMCSA–2010–0203; FMCSA– as described in the system of records numbers FMCSA–2010–0203; FMCSA–
2011–0389; FMCSA–2012–0050; FMCSA– notice (DOT/ALL–14 FDMS), which can 2011–0389; FMCSA–2012–0050;
2012–0294; FMCSA–2012–0094; FMCSA– be reviewed at http://www.dot.gov/ FMCSA–2012–0294; FMCSA–2012–
2014–0382; FMCSA–2015–0116; FMCSA– privacy. 0094; FMCSA–2014–0382; FMCSA–
2015–0117] 2015–0116; FMCSA–2015–0117. Their
II. Background exemptions are applicable as of August
Qualification of Drivers; Exemption On November 27, 2017, FMCSA 13, 2017, and will expire on August 13,
Applications; Epilepsy and Seizure published a notice announcing its 2019.
Disorders decision to renew exemptions for 10 In accordance with 49 U.S.C. 31315,
AGENCY: Federal Motor Carrier Safety individuals from the epilepsy and each exemption will be valid for two
Administration (FMCSA), DOT. seizure disorders prohibition in 49 CFR years from the effective date unless
ACTION: Notice of final disposition. 391.41(b)(8) to operate a CMV in revoked earlier by FMCSA. The
interstate commerce and requested exemption will be revoked if the
SUMMARY: FMCSA announces its comments from the public (82 FR following occurs: (1) The person fails to
decision to renew exemptions for 10 56110). The public comment period comply with the terms and conditions
sradovich on DSK3GMQ082PROD with NOTICES
individuals from the requirement in the ended on December 27, 2017 and zero of the exemption; (2) the exemption has
Federal Motor Carrier Safety comments were received. resulted in a lower level of safety than
Regulations (FMCSRs) that interstate As stated in the previous notice, was maintained prior to being granted;
commercial motor vehicle (CMV) FMCSA has evaluated the eligibility of or (3) continuation of the exemption
drivers have ‘‘no established medical these applicants and determined that would not be consistent with the goals
history or clinical diagnosis of epilepsy renewing these exemptions would and objectives of 49 U.S.C. 31136 and
or any other condition which is likely achieve a level of safety equivalent to or 31315.
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![Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices 4551
Issued on: January 23, 2018. http://www.regulations.gov. Interested SUMMARY: The Secretary of
Larry W. Minor, parties may comment on the effect this Transportation, as represented by the
Associate Administrator for Policy. action may have on U.S. vessel builders Maritime Administration (MARAD), is
[FR Doc. 2018–01932 Filed 1–30–18; 8:45 am] or businesses in the U.S. that use U.S.- authorized to grant waivers of the U.S.-
BILLING CODE 4910–EX–P
flag vessels. If MARAD determines, in build requirement of the coastwise laws
accordance with 46 U.S.C. 12121 and under certain circumstances. A request
MARAD’s regulations at 46 CFR part for such a waiver has been received by
DEPARTMENT OF TRANSPORTATION 388, that the issuance of the waiver will MARAD. The vessel, and a brief
have an unduly adverse effect on a U.S.- description of the proposed service, is
Maritime Administration vessel builder or a business that uses listed below.
[Docket No. MARAD–2018–0010] U.S.-flag vessels in that business, a DATES: Submit comments on or before
waiver will not be granted. Comments March 2, 2018.
Requested Administrative Waiver of should refer to the docket number of ADDRESSES: Comments should refer to
the Coastwise Trade Laws: Vessel S/V this notice and the vessel name in order docket number MARAD–2018–0007.
LOBO; Invitation for Public Comments for MARAD to properly consider the Written comments may be submitted by
comments. Comments should also state hand or by mail to the Docket Clerk,
AGENCY: Maritime Administration, DOT. the commenter’s interest in the waiver
ACTION: Notice. U.S. Department of Transportation,
application, and address the waiver Docket Operations, M–30, West
criteria given in section 388.4 of Building Ground Floor, Room W12–140,
SUMMARY: The Secretary of
MARAD’s regulations at 46 CFR part 1200 New Jersey Avenue SE,
Transportation, as represented by the
388. Washington, DC 20590. You may also
Maritime Administration (MARAD), is
authorized to grant waivers of the U.S.- Privacy Act send comments electronically via the
build requirement of the coastwise laws internet at http://www.regulations.gov.
In accordance with 5 U.S.C. 553(c),
under certain circumstances. A request All comments will become part of this
DOT/MARAD solicits comments from
for such a waiver has been received by docket and will be available for
the public to better inform its
MARAD. The vessel, and a brief inspection and copying at the above
rulemaking process. DOT/MARAD posts
description of the proposed service, is address between 10:00 a.m. and 5:00
these comments, without edit, to
listed below. p.m., Monday through Friday, except
www.regulations.gov, as described in
DATES: Submit comments on or before Federal holidays. An electronic version
the system of records notice, DOT/ALL–
March 2, 2018. of this document and all documents
14 FDMS, accessible through
ADDRESSES: Comments should refer to entered into this docket is available at
www.dot.gov/privacy. In order to
docket number MARAD–2018–0010. http://www.regulations.gov.
facilitate comment tracking and
Written comments may be submitted by response, we encourage commenters to FOR FURTHER INFORMATION CONTACT:
hand or by mail to the Docket Clerk, provide their name, or the name of their Bianca Carr, U.S. Department of
U.S. Department of Transportation, organization; however, submission of Transportation, Maritime
Docket Operations, M–30, West names is completely optional. Whether Administration, 1200 New Jersey
Building Ground Floor, Room W12–140, or not commenters identify themselves, Avenue SE, Room W23–453,
1200 New Jersey Avenue SE, all timely comments will be fully Washington, DC 20590. Telephone 202–
Washington, DC 20590. You may also considered. If you wish to provide 366–9309, Email Bianca.carr@dot.gov.
send comments electronically via the comments containing proprietary or SUPPLEMENTARY INFORMATION: As
internet at http://www.regulations.gov. confidential information, please contact described by the applicant the intended
All comments will become part of this the agency for alternate submission service of the vessel MOMENT is:
docket and will be available for instructions. —Intended Commercial use of Vessel:
inspection and copying at the above Authority: 49 CFR 1.93(a), 46 U.S.C. ‘‘Sailing Charters for up to six guests’’
address between 10:00 a.m. and 5:00 55103, 46 U.S.C. 12121. —Geographic Region: ‘‘Massachusetts,
p.m., Monday through Friday, except Maine, Rhode Island, Connecticut,
* * * * *
Federal holidays. An electronic version New York, South Carolina, Florida’’
of this document and all documents By Order of the Maritime Administrator.
The complete application is given in
entered into this docket is available at Dated: January 26, 2018.
DOT docket MARAD–2018–0007 at
http://www.regulations.gov. T. Mitchell Hudson, Jr.,
http://www.regulations.gov. Interested
FOR FURTHER INFORMATION CONTACT: Secretary Maritime Administration. parties may comment on the effect this
Bianca Carr, U.S. Department of [FR Doc. 2018–01863 Filed 1–30–18; 8:45 am] action may have on U.S. vessel builders
Transportation, Maritime BILLING CODE 4910–81–P or businesses in the U.S. that use U.S.-
Administration, 1200 New Jersey flag vessels. If MARAD determines, in
Avenue SE, Room W23–453, accordance with 46 U.S.C. 12121 and
Washington, DC 20590. Telephone 202– DEPARTMENT OF TRANSPORTATION MARAD’s regulations at 46 CFR part
366–9309, Email Bianca.carr@dot.gov. 388, that the issuance of the waiver will
SUPPLEMENTARY INFORMATION: As Maritime Administration
have an unduly adverse effect on a U.S.-
described by the applicant the intended [Docket No. MARAD–2018–0007] vessel builder or a business that uses
service of the vessel S/V LOBO is: U.S.-flag vessels in that business, a
sradovich on DSK3GMQ082PROD with NOTICES
—Intended Commercial Use of Vessel: Requested Administrative Waiver of waiver will not be granted. Comments
‘‘Day sails, sunset sails, snorkeling the Coastwise Trade Laws: Vessel should refer to the docket number of
and term charters’’ MOMENT; Invitation for Public this notice and the vessel name in order
—Geographic Region: ‘‘Massachusetts, Comments for MARAD to properly consider the
Florida, Puerto Rico’’ AGENCY: Maritime Administration, DOT. comments. Comments should also state
The complete application is given in the commenter’s interest in the waiver
ACTION: Notice.
DOT docket MARAD–2018–0010 at application, and address the waiver
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Document Created: 2018-01-31 00:59:16
Document Modified: 2018-01-31 00:59:16
| 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 August 13, 2017. The exemptions expire on August 13, 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 4550 |
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