83_FR_45899 83 FR 45724 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

83 FR 45724 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 175 (September 10, 2018)

Page Range45724-45726
FR Document2018-19643

FMCSA announces receipt of applications from 11 individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to control a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions would enable these individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs in interstate commerce.

Federal Register, Volume 83 Issue 175 (Monday, September 10, 2018)
[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Notices]
[Pages 45724-45726]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19643]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0054]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 11 individuals 
for an exemption from the prohibition in the Federal Motor Carrier 
Safety Regulations (FMCSRs) against persons with a clinical diagnosis 
of epilepsy or any other condition that is likely to cause a loss of 
consciousness or any loss of ability to control a commercial motor 
vehicle (CMV) in interstate commerce. If granted, the exemptions would 
enable these individuals who have had one or more seizures and are 
taking anti-seizure medication to operate CMVs in interstate commerce.

DATES: Comments must be received on or before October 10, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2018-0054 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, 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 8:30 a.m. to 5 p.m., E.T., 
Monday through Friday, except Federal holidays. If you have questions

[[Page 45725]]

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 
from the FMCSRs for a five-year period 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 11 individuals listed in this notice have requested an 
exemption from the epilepsy and seizure disorders prohibition in 49 CFR 
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications 
of each applicant to determine whether granting the exemption will 
achieve the required level of safety mandated by statute.
    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 \1\ 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.]
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    \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.thefederalregister.org/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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    The advisory criteria states the following:
    If an individual has had a sudden episode of a non-epileptic 
seizure or loss of consciousness of unknown cause that did not require 
anti-seizure medication, the decision whether that person's condition 
is likely to cause the loss of consciousness or loss of ability to 
control a CMV should be made on an individual basis by the Medical 
Examiner in consultation with the treating physician. Before 
certification is considered, it is suggested that a six-month waiting 
period elapse from the time of the episode. Following the waiting 
period, it is suggested that the individual have a complete 
neurological examination. If the results of the examination are 
negative and anti-seizure medication is not required, then the driver 
may be qualified.
    In those individual cases where a driver had a seizure or an 
episode of loss of consciousness that resulted from a known medical 
condition (e.g., drug reaction, high temperature, acute infectious 
disease, dehydration, or acute metabolic disturbance), certification 
should be deferred until the driver has recovered fully from that 
condition, has no existing residual complications, and is not taking 
anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure 
medication and seizure-free for 10 years, may be qualified to operate a 
CMV in interstate commerce. Interstate drivers with a history of a 
single unprovoked seizure may be qualified to drive a CMV in interstate 
commerce if seizure-free and off anti-seizure medication for a five-
year period or more.
    As a result of Medical Examiners misinterpreting advisory criteria 
as regulation, numerous drivers have been prohibited from operating a 
CMV in interstate commerce based on the fact that they have had one or 
more seizures and are taking anti-seizure medication, rather than an 
individual analysis of their circumstances by a qualified Medical 
Examiner based on the physical qualification standards and medical best 
practices.
    On January 15, 2013, FMCSA announced in a Notice of Final 
Disposition titled, Qualification of Drivers; Exemption Applications; 
Epilepsy and Seizure Disorders, (78 FR 3069), its decision to grant 
requests from 22 individuals for exemptions from the regulatory 
requirement that interstate 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.'' Since the January 15, 2013 notice, the Agency has 
published additional notices granting requests from individuals for 
exemptions from the regulatory requirement regarding epilepsy found in 
49 CFR 391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure 
disorders prohibition in 49 CFR 391.41(b)(8), applicants must meet the 
criteria in the 2007 recommendations of the Agency's Medical Expert 
Panel (MEP) (78 FR 3069).

II. Qualifications of Applicants

Jonathan A. Arrieta

    Mr. Arrieta is a 35-year-old Class A CDL holder in Florida. He has 
a history of epilepsy and has been seizure free since 2008. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since 2009. His physician states that he is supportive of Mr. 
Arrieta receiving an exemption.

Jose F.J. Cabrera Maciel

    Mr. Cabrera Maciel is a 27-year-old Class C driver in California. 
He has a history of a single unprovoked seizure and has been seizure 
free since 2012. He stopped taking anti-seizure medication in 2014. His 
physician states that he is supportive of Mr. Cabrera Maciel receiving 
an exemption.

Pietro Capobianco

    Mr. Capobianco is a 48-year-old Class D driver in New Jersey. He 
has a history of epilepsy and has been seizure free since 2010. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since 2010. His physician states that he is supportive of Mr. 
Capobianco receiving an exemption.

Armando B. Castro Jr.

    Mr. Castro is a 59-year-old Class A CDL holder in Nevada. He has a 
history of epilepsy and has been seizure free since 1986. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since March 2014. His physician states that he is supportive of 
Mr. Castro receiving an exemption.

Joshua Cirilo

    Mr. Cirilo is a 39-year-old Class D driver in Minnesota. He has a 
history of epilepsy and has been seizure free since 1997. He stopped 
taking anti-seizure medication in 1997. His physician states that he is 
supportive of Mr. Cirilo receiving an exemption.

Barbara A. Cruz

    Ms. Cruz is a 37-year-old driver in Indiana. She has a history of a 
single provoked seizure and has been seizure free since 2008. She 
stopped taking anti-seizure medications in 2009. Her physician states 
that he is supportive of Ms. Cruz receiving an exemption.

Gail A. Hackathorn

    Mr. Hackathorn is a 55-year-old Class A CDL holder in Iowa. He has 
a history of epilepsy and has been seizure free since 1985. He takes 
anti-seizure medication with the dosage and

[[Page 45726]]

frequency remaining the same since 1985. His physician states that he 
is supportive of Mr. Hackathorn receiving an exemption.

Jose G. Lara-Ramirez

    Mr. Lara-Ramirez is a 47-year-old Class A driver in Nevada. He has 
a history of epilepsy and has been seizure free since 2001. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since 2001. His physician states that she is supportive of Mr. 
Lara-Ramirez receiving an exemption.

Bryan F. Sheehan

    Mr. Sheehan is a 34-year-old Class E driver in Florida. He has a 
history of epilepsy and has been seizure free since May 2010. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since 2010. His physician states that he is supportive of Mr. 
Sheehan receiving an exemption.

Francis L. Stimpson

    Mr. Stimpson is a 66-year-old Class A CDL holder in Idaho. He has a 
history of epilepsy and has been seizure free since 1983. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since 2003. His physician states that he is supportive of Mr. 
Stimpson receiving an exemption.

Christopher A. Steinke

    Mr. Steinke is a 26-year-old Class D driver in Wisconsin. He has a 
history of seizure disorder and has been seizure free since 2004. He 
stopped taking anti-seizure medication in 2009. His physician states 
that he is supportive of Mr. Steinke receiving an exemption.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments received before 
the close of business on the closing date indicated in the dates 
section of the notice.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket number FMCSA-2018-0054 and click 
the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right hand side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. If you submit your comments by mail or 
hand delivery, submit them in an unbound format, no larger than 8\1/2\ 
by 11 inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the facility, 
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and materials received during the 
comment period. FMCSA may issue a final determination at any time after 
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2018-0054 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: August 30, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-19643 Filed 9-7-18; 8:45 am]
BILLING CODE 4910-EX-P



                                               45724                     Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices

                                               intrastate inspections recorded in the                  VII. Conclusion                                       ADDRESSES:   You may submit comments
                                               Motor Carrier Management Information                      Based upon its evaluation of the eight              bearing the Federal Docket Management
                                               System (MCMIS). For non-CDL holders,                    exemption applications, FMCSA                         System (FDMS) Docket No. FMCSA–
                                               the Agency reviewed the driving records                 exempts the following drivers from the                2018–0054 using any of the following
                                               from the State Driver’s Licensing                       epilepsy and seizure disorder                         methods:
                                               Agency (SDLA). A summary of each                        prohibition, 49 CFR 391.41(b)(8), subject               • Federal eRulemaking Portal: Go to
                                               applicant’s seizure history was                         to the requirements cited above:                      http://www.regulations.gov. Follow the
                                               discussed in the June 21, 2018 Federal                                                                        online instructions for submitting
                                                                                                       Ricky B. Alegre (NJ)
                                               Register notice (83 FR 28896) and will                  Stephen M. Christner (PA)                             comments.
                                               not be repeated in this notice.                         Paul J. Gomez (CA)                                      • Mail: Docket Management Facility;
                                                  These eight applicants have been                     Lawrence J. Knox (MA)                                 U.S. Department of Transportation, 1200
                                               seizure-free over a range of 4 to 40 years              Thomas A. Ork (NY)                                    New Jersey Avenue SE, West Building
                                               while taking anti-seizure medication                    Constance Seale (DE)                                  Ground Floor, Room W12–140,
                                               and maintained a stable medication                      Anne M. Spencer-Brown (WV)                            Washington, DC 20590–0001.
                                               treatment regimen for the last two years.               Floyd C. Williams (VA)                                  • Hand Delivery: West Building
                                               In each case, the applicant’s treating                    In accordance with 49 U.S.C.                        Ground Floor, Room W12–140, 1200
                                               physician verified his or her seizure                   31315(b)(1), each exemption will be                   New Jersey Avenue SE, Washington,
                                               history and supports the ability to drive               valid for two years from the effective                DC, between 9 a.m. and 5 p.m., E.T.,
                                               commercially.                                           date unless revoked earlier by FMCSA.                 Monday through Friday, except Federal
                                                                                                       The exemption will be revoked if the                  Holidays.
                                                  The Agency acknowledges the                                                                                  • Fax: 1–202–493–2251.
                                               potential consequences of a driver                      following occurs: (1) The person fails to
                                                                                                       comply with the terms and conditions                     Instructions: Each submission must
                                               experiencing a seizure while operating a                                                                      include the Agency name and the
                                               CMV. However, the Agency believes the                   of the exemption; (2) the exemption has
                                                                                                       resulted in a lower level of safety than              docket number(s) for this notice. Note
                                               drivers granted this exemption have                                                                           that all comments received will be
                                               demonstrated that they are unlikely to                  was maintained prior to being granted;
                                                                                                       or (3) continuation of the exemption                  posted without change to http://
                                               have a seizure and their medical                                                                              www.regulations.gov, including any
                                               condition does not pose a risk to public                would not be consistent with the goals
                                                                                                       and objectives of 49 U.S.C. 31136 and                 personal information provided. Please
                                               safety.                                                                                                       see the Privacy Act heading below for
                                                                                                       31315.
                                                  Consequently, FMCSA finds that in                                                                          further information.
                                               each case exempting these applicants                      Issued on: August 30, 2018.                            Docket: For access to the docket to
                                               from the epilepsy and seizure disorder                  Larry W. Minor,                                       read background documents or
                                               prohibition in 49 CFR 391.41(b)(8) is                   Associate Administrator for Policy.                   comments, go to http://
                                               likely to achieve a level of safety equal               [FR Doc. 2018–19644 Filed 9–7–18; 8:45 am]            www.regulations.gov at any time or
                                               to that existing without the exemption.                 BILLING CODE 4910–EX–P                                Room W12–140 on the ground level of
                                                                                                                                                             the West Building, 1200 New Jersey
                                               V. Conditions and Requirements
                                                                                                                                                             Avenue SE, Washington, DC, between 9
                                                 The terms and conditions of the                       DEPARTMENT OF TRANSPORTATION                          a.m. and 5 p.m., E.T., Monday through
                                               exemption are provided to the                                                                                 Friday, except Federal holidays. The
                                                                                                       Federal Motor Carrier Safety                          FDMS is available 24 hours each day,
                                               applicants in the exemption document
                                                                                                       Administration                                        365 days each year. If you want
                                               and includes the following: (1) Each
                                               driver must remain seizure-free and                     [Docket No. FMCSA–2018–0054]                          acknowledgment that we received your
                                               maintain a stable treatment during the                                                                        comments, please include a self-
                                               two-year exemption period; (2) each                     Qualification of Drivers; Exemption                   addressed, stamped envelope or
                                               driver must submit annual reports from                  Applications; Epilepsy and Seizure                    postcard or print the acknowledgement
                                               their treating physicians attesting to the              Disorders                                             page that appears after submitting
                                               stability of treatment and that the driver              AGENCY: Federal Motor Carrier Safety                  comments online.
                                               has remained seizure-free; (3) each                     Administration (FMCSA), DOT.                             Privacy Act: In accordance with 5
                                               driver must undergo an annual medical                                                                         U.S.C. 553(c), DOT solicits comments
                                                                                                       ACTION: Notice of applications for
                                               examination by a certified Medical                                                                            from the public to better inform its
                                                                                                       exemption; request for comments.                      rulemaking process. DOT posts these
                                               Examiner, as defined by 49 CFR 390.5;
                                               and (4) each driver must provide a copy                 SUMMARY:    FMCSA announces receipt of                comments, without edit, including any
                                               of the annual medical certification to                  applications from 11 individuals for an               personal information the commenter
                                               the employer for retention in the                       exemption from the prohibition in the                 provides, to http://www.regulations.gov,
                                               driver’s qualification file, or keep a copy             Federal Motor Carrier Safety                          as described in the system of records
                                               of his/her driver’s qualification file if               Regulations (FMCSRs) against persons                  notice (DOT/ALL–14 FDMS), which can
                                               he/she is self-employed. The driver                     with a clinical diagnosis of epilepsy or              be reviewed at http://www.dot.gov/
                                               must also have a copy of the exemption                  any other condition that is likely to                 privacy.
                                               when driving, for presentation to a duly                cause a loss of consciousness or any loss             FOR FURTHER INFORMATION CONTACT:     Ms.
                                               authorized Federal, State, or local                     of ability to control a commercial motor              Christine A. Hydock, Chief, Medical
                                               enforcement official.                                   vehicle (CMV) in interstate commerce. If              Programs Division, (202) 366–4001,
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       granted, the exemptions would enable                  fmcsamedical@dot.gov, FMCSA,
                                               VI. Preemption
                                                                                                       these individuals who have had one or                 Department of Transportation, 1200
                                                  During the period the exemption is in                more seizures and are taking anti-                    New Jersey Avenue SE, Room W64–224,
                                               effect, no State shall enforce any law or               seizure medication to operate CMVs in                 Washington, DC 20590–0001. Office
                                               regulation that conflicts with this                     interstate commerce.                                  hours are 8:30 a.m. to 5 p.m., E.T.,
                                               exemption with respect to a person                      DATES: Comments must be received on                   Monday through Friday, except Federal
                                               operating under the exemption.                          or before October 10, 2018.                           holidays. If you have questions


                                          VerDate Sep<11>2014   17:54 Sep 07, 2018   Jkt 244001   PO 00000   Frm 00131   Fmt 4703   Sfmt 4703   E:\FR\FM\10SEN1.SGM   10SEN1


                                                                         Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices                                             45725

                                               regarding viewing or submitting                         considered, it is suggested that a six-               II. Qualifications of Applicants
                                               material to the docket, contact Docket                  month waiting period elapse from the
                                                                                                                                                             Jonathan A. Arrieta
                                               Services, telephone (202) 366–9826.                     time of the episode. Following the
                                               SUPPLEMENTARY INFORMATION:                              waiting period, it is suggested that the                 Mr. Arrieta is a 35-year-old Class A
                                                                                                       individual have a complete neurological               CDL holder in Florida. He has a history
                                               I. Background                                           examination. If the results of the                    of epilepsy and has been seizure free
                                                  Under 49 U.S.C. 31136(e) and 31315,                  examination are negative and anti-                    since 2008. He takes anti-seizure
                                               FMCSA may grant an exemption from                       seizure medication is not required, then              medication with the dosage and
                                               the FMCSRs for a five-year period if it                 the driver may be qualified.                          frequency remaining the same since
                                               finds ‘‘such exemption would likely                        In those individual cases where a                  2009. His physician states that he is
                                               achieve a level of safety that is                       driver had a seizure or an episode of                 supportive of Mr. Arrieta receiving an
                                               equivalent to or greater than the level                 loss of consciousness that resulted from              exemption.
                                               that would be achieved absent such                      a known medical condition (e.g., drug                 Jose F.J. Cabrera Maciel
                                               exemption.’’ The statute also allows the                reaction, high temperature, acute
                                               Agency to renew exemptions at the end                   infectious disease, dehydration, or acute               Mr. Cabrera Maciel is a 27-year-old
                                               of the five-year period. FMCSA grants                   metabolic disturbance), certification                 Class C driver in California. He has a
                                               exemptions from the FMCSRs for a two-                   should be deferred until the driver has               history of a single unprovoked seizure
                                               year period to align with the maximum                   recovered fully from that condition, has              and has been seizure free since 2012. He
                                               duration of a driver’s medical                          no existing residual complications, and               stopped taking anti-seizure medication
                                               certification.                                          is not taking anti-seizure medication.                in 2014. His physician states that he is
                                                  The 11 individuals listed in this                       Drivers who have a history of                      supportive of Mr. Cabrera Maciel
                                               notice have requested an exemption                      epilepsy/seizures, off anti-seizure                   receiving an exemption.
                                               from the epilepsy and seizure disorders                 medication and seizure-free for 10 years,             Pietro Capobianco
                                               prohibition in 49 CFR 391.41(b)(8).                     may be qualified to operate a CMV in
                                                                                                       interstate commerce. Interstate drivers                  Mr. Capobianco is a 48-year-old Class
                                               Accordingly, the Agency will evaluate
                                                                                                       with a history of a single unprovoked                 D driver in New Jersey. He has a history
                                               the qualifications of each applicant to
                                                                                                       seizure may be qualified to drive a CMV               of epilepsy and has been seizure free
                                               determine whether granting the
                                                                                                       in interstate commerce if seizure-free                since 2010. He takes anti-seizure
                                               exemption will achieve the required
                                                                                                       and off anti-seizure medication for a                 medication with the dosage and
                                               level of safety mandated by statute.
                                                                                                       five-year period or more.                             frequency remaining the same since
                                                  The physical qualification standard
                                                                                                                                                             2010. His physician states that he is
                                               for drivers regarding epilepsy found in                    As a result of Medical Examiners
                                                                                                                                                             supportive of Mr. Capobianco receiving
                                               49 CFR 391.41(b)(8) states that a person                misinterpreting advisory criteria as
                                                                                                                                                             an exemption.
                                               is physically qualified to drive a CMV                  regulation, numerous drivers have been
                                               if that person has no established                       prohibited from operating a CMV in                    Armando B. Castro Jr.
                                               medical history or clinical diagnosis of                interstate commerce based on the fact                    Mr. Castro is a 59-year-old Class A
                                               epilepsy or any other condition which                   that they have had one or more seizures               CDL holder in Nevada. He has a history
                                               is likely to cause the loss of                          and are taking anti-seizure medication,               of epilepsy and has been seizure free
                                               consciousness or any loss of ability to                 rather than an individual analysis of                 since 1986. He takes anti-seizure
                                               control a CMV.                                          their circumstances by a qualified                    medication with the dosage and
                                                  In addition to the regulations, FMCSA                Medical Examiner based on the physical                frequency remaining the same since
                                               has published advisory criteria 1 to                    qualification standards and medical best              March 2014. His physician states that he
                                               assist Medical Examiners in                             practices.                                            is supportive of Mr. Castro receiving an
                                               determining whether drivers with                           On January 15, 2013, FMCSA                         exemption.
                                               certain medical conditions are qualified                announced in a Notice of Final
                                               to operate a CMV in interstate                          Disposition titled, Qualification of                  Joshua Cirilo
                                               commerce. [49 CFR part 391,                             Drivers; Exemption Applications;                        Mr. Cirilo is a 39-year-old Class D
                                               APPENDIX A TO PART 391—MEDICAL                          Epilepsy and Seizure Disorders, (78 FR                driver in Minnesota. He has a history of
                                               ADVISORY CRITERIA, section H.                           3069), its decision to grant requests from            epilepsy and has been seizure free since
                                               Epilepsy: § 391.41(b)(8), paragraphs 3, 4,              22 individuals for exemptions from the                1997. He stopped taking anti-seizure
                                               and 5.]                                                 regulatory requirement that interstate                medication in 1997. His physician states
                                                  The advisory criteria states the                     CMV drivers have ‘‘no established                     that he is supportive of Mr. Cirilo
                                               following:                                              medical history or clinical diagnosis of              receiving an exemption.
                                                  If an individual has had a sudden                    epilepsy or any other condition which
                                               episode of a non-epileptic seizure or                   is likely to cause loss of consciousness              Barbara A. Cruz
                                               loss of consciousness of unknown cause                  or any loss of ability to control a CMV.’’               Ms. Cruz is a 37-year-old driver in
                                               that did not require anti-seizure                       Since the January 15, 2013 notice, the                Indiana. She has a history of a single
                                               medication, the decision whether that                   Agency has published additional                       provoked seizure and has been seizure
                                               person’s condition is likely to cause the               notices granting requests from                        free since 2008. She stopped taking anti-
                                               loss of consciousness or loss of ability                individuals for exemptions from the                   seizure medications in 2009. Her
                                               to control a CMV should be made on an                   regulatory requirement regarding                      physician states that he is supportive of
                                               individual basis by the Medical                         epilepsy found in 49 CFR 391.41(b)(8).                Ms. Cruz receiving an exemption.
daltland on DSKBBV9HB2PROD with NOTICES




                                               Examiner in consultation with the                          To be considered for an exemption
                                               treating physician. Before certification is             from the epilepsy and seizure disorders               Gail A. Hackathorn
                                                                                                       prohibition in 49 CFR 391.41(b)(8),                     Mr. Hackathorn is a 55-year-old Class
                                                 1 See http://www.ecfr.gov/cgi-bin/text-idx?SID=       applicants must meet the criteria in the              A CDL holder in Iowa. He has a history
                                               e47b48a9ea42dd67d999246e23d97970&mc=true&
                                               node=pt49.5.391&rgn=div5#ap49.5.391_171.a and
                                                                                                       2007 recommendations of the Agency’s                  of epilepsy and has been seizure free
                                               https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-         Medical Expert Panel (MEP) (78 FR                     since 1985. He takes anti-seizure
                                               vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.        3069).                                                medication with the dosage and


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                                               45726                     Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices

                                               frequency remaining the same since                         To submit your comment online, go to               individuals with ITDM to continue to
                                               1985. His physician states that he is                   http://www.regulations.gov and in the                 operate CMVs in interstate commerce.
                                               supportive of Mr. Hackathorn receiving                  search box insert the docket number                   DATES: Each group of renewed
                                               an exemption.                                           FMCSA–2018–0054 and click the search                  exemptions were applicable on the
                                                                                                       button. When the new screen appears,                  dates stated in the discussions below
                                               Jose G. Lara-Ramirez
                                                                                                       click on the blue ‘‘Comment Now!’’                    and will expire on the dates stated in
                                                  Mr. Lara-Ramirez is a 47-year-old                    button on the right hand side of the                  the discussions below. Comments must
                                               Class A driver in Nevada. He has a                      page. On the new page, enter                          be received on or before October 10,
                                               history of epilepsy and has been seizure                information required including the                    2018.
                                               free since 2001. He takes anti-seizure                  specific section of this document to
                                                                                                                                                             ADDRESSES:   You may submit comments
                                               medication with the dosage and                          which each comment applies, and
                                                                                                                                                             bearing the Federal Docket Management
                                               frequency remaining the same since                      provide a reason for each suggestion or
                                                                                                                                                             System (FDMS) Docket No. FMCSA–
                                               2001. His physician states that she is                  recommendation. If you submit your
                                                                                                                                                             2010–0247; FMCSA–2012–0128;
                                               supportive of Mr. Lara-Ramirez                          comments by mail or hand delivery,
                                                                                                                                                             FMCSA–2012–0217; FMCSA–2012–
                                               receiving an exemption.                                 submit them in an unbound format, no
                                                                                                                                                             0219; FMCSA–2014–0021; FMCSA–
                                                                                                       larger than 81⁄2 by 11 inches, suitable for
                                               Bryan F. Sheehan                                                                                              2016–0220 using any of the following
                                                                                                       copying and electronic filing. If you
                                                                                                                                                             methods:
                                                  Mr. Sheehan is a 34-year-old Class E                 submit comments by mail and would                       • Federal eRulemaking Portal: Go to
                                               driver in Florida. He has a history of                  like to know that they reached the                    http://www.regulations.gov. Follow the
                                               epilepsy and has been seizure free since                facility, please enclose a stamped, self-             online instructions for submitting
                                               May 2010. He takes anti-seizure                         addressed postcard or envelope.                       comments.
                                               medication with the dosage and                             We will consider all comments and
                                                                                                                                                               • Mail: Docket Management Facility;
                                               frequency remaining the same since                      materials received during the comment
                                                                                                                                                             U.S. Department of Transportation, 1200
                                               2010. His physician states that he is                   period. FMCSA may issue a final
                                                                                                                                                             New Jersey Avenue SE, West Building
                                               supportive of Mr. Sheehan receiving an                  determination at any time after the close
                                                                                                                                                             Ground Floor, Room W12–140,
                                               exemption.                                              of the comment period.
                                                                                                                                                             Washington, DC 20590–0001.
                                               Francis L. Stimpson                                     V. Viewing Comments and Documents                       • Hand Delivery: West Building
                                                                                                         To view comments, as well as any                    Ground Floor, Room W12–140, 1200
                                                  Mr. Stimpson is a 66-year-old Class A                                                                      New Jersey Avenue SE, Washington,
                                               CDL holder in Idaho. He has a history                   documents mentioned in this preamble,
                                                                                                       go to http://www.regulations.gov and in               DC, between 9 a.m. and 5 p.m., E.T.,
                                               of epilepsy and has been seizure free                                                                         Monday through Friday, except Federal
                                               since 1983. He takes anti-seizure                       the search box insert the docket number
                                                                                                       FMCSA–2018–0054 and click ‘‘Search.’’                 Holidays.
                                               medication with the dosage and
                                                                                                       Next, click ‘‘Open Docket Folder’’ and                  • Fax: 1–202–493–2251.
                                               frequency remaining the same since                                                                               Instructions: Each submission must
                                               2003. His physician states that he is                   you will find all documents and
                                                                                                       comments related to this notice.                      include the Agency name and the
                                               supportive of Mr. Stimpson receiving an                                                                       docket number(s) for this notice. Note
                                               exemption.                                                Issued on: August 30, 2018.                         that all comments received will be
                                                                                                       Larry W. Minor,                                       posted without change to http://
                                               Christopher A. Steinke
                                                                                                       Associate Administrator for Policy.                   www.regulations.gov, including any
                                                  Mr. Steinke is a 26-year-old Class D                 [FR Doc. 2018–19643 Filed 9–7–18; 8:45 am]            personal information provided. Please
                                               driver in Wisconsin. He has a history of                BILLING CODE 4910–EX–P                                see the Privacy Act heading below for
                                               seizure disorder and has been seizure                                                                         further information.
                                               free since 2004. He stopped taking anti-                                                                         Docket: For access to the docket to
                                               seizure medication in 2009. His                         DEPARTMENT OF TRANSPORTATION                          read background documents or
                                               physician states that he is supportive of                                                                     comments, go to http://
                                               Mr. Steinke receiving an exemption.                     Federal Motor Carrier Safety                          www.regulations.gov at any time or
                                                                                                       Administration                                        Room W12–140 on the ground level of
                                               III. Request for Comments
                                                                                                       [Docket No. FMCSA–2010–0247; FMCSA–                   the West Building, 1200 New Jersey
                                                 In accordance with 49 U.S.C. 31136(e)                 2012–0128; FMCSA–2012–0217; FMCSA–                    Avenue SE, Washington, DC, between 9
                                               and 31315, FMCSA requests public                        2012–0219; FMCSA–2014–0021; FMCSA–                    a.m. and 5 p.m., E.T., Monday through
                                               comment from all interested persons on                  2016–0220]                                            Friday, except Federal holidays. The
                                               the exemption petitions described in                                                                          FDMS is available 24 hours each day
                                               this notice. We will consider all                       Qualification of Drivers; Exemption                   E.T., 365 days each year. If you want
                                               comments received before the close of                   Applications; Diabetes                                acknowledgment that we received your
                                               business on the closing date indicated                  AGENCY: Federal Motor Carrier Safety                  comments, please include a self-
                                               in the dates section of the notice.                     Administration (FMCSA), DOT.                          addressed, stamped envelope or
                                               IV. Submitting Comments                                 ACTION: Notice of renewal of                          postcard or print the acknowledgement
                                                                                                       exemptions; request for comments.                     page that appears after submitting
                                                 You may submit your comments and                                                                            comments online.
                                               material online or by fax, mail, or hand                SUMMARY:  FMCSA announces its                            Privacy Act: In accordance with 5
                                               delivery, but please use only one of                    decision to renew exemptions for 134                  U.S.C. 553(c), DOT solicits comments
daltland on DSKBBV9HB2PROD with NOTICES




                                               these means. FMCSA recommends that                      individuals from its prohibition in the               from the public to better inform its
                                               you include your name and a mailing                     Federal Motor Carrier Safety                          rulemaking process. DOT posts these
                                               address, an email address, or a phone                   Regulations (FMCSRs) against persons                  comments, without edit, including any
                                               number in the body of your document                     with insulin-treated diabetes mellitus                personal information the commenter
                                               so that FMCSA can contact you if there                  (ITDM) from operating commercial                      provides, to http://www.regulations.gov,
                                               are questions regarding your                            motor vehicles (CMVs) in interstate                   as described in the system of records
                                               submission.                                             commerce. The exemptions enable these                 notice (DOT/ALL–14 FDMS), which can


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Document Created: 2018-09-08 00:42:23
Document Modified: 2018-09-08 00:42:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of applications for exemption; request for comments.
DatesComments must be received on or before October 10, 2018.
ContactMs. 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 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 Citation83 FR 45724 

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