83_FR_57120 83 FR 56900 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

83 FR 56900 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 220 (November 14, 2018)

Page Range56900-56902
FR Document2018-24858

FMCSA announces its decision to exempt 11 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 operate CMVs in interstate commerce.

Federal Register, Volume 83 Issue 220 (Wednesday, November 14, 2018)
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56900-56902]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24858]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA 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 final disposition.

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SUMMARY: FMCSA announces its decision to exempt 11 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 operate CMVs in interstate commerce.

DATES: The exemptions were applicable on October 17, 2018. The 
exemptions expire on October 17, 2020.

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., 
ET, Monday through Friday, except Federal holidays. If you have 
questions

[[Page 56901]]

regarding viewing or submitting material to the docket, contact Docket 
Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice 
as being available in the docket, go to http://www.regulations.gov. 
Insert the docket number, FMCSA-2018-0054, in the keyword box, and 
click ``Search.'' Next, click the ``Open Docket Folder'' button and 
choose the document to review. If you do not have access to the 
internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

B. 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 www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    On September 10, 2018, FMCSA published a notice announcing receipt 
of applications from 11 individuals requesting an exemption from the 
epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and 
requested comments from the public (83 FR 45724). The public comment 
period ended on October 10, 2018, and two comments were received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that granting exemptions to these individuals 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 \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.]
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

III. Discussion of Comments

    FMCSA received two comments in this proceeding. These comments 
supported granting these exemptions.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption 
for up to five years from the epilepsy and seizure disorder prohibition 
in 49 CFR 391.41(b)(8) if the exemption is likely to achieve an 
equivalent or greater level of safety than would be achieved without 
the exemption. The exemption allows the applicants to operate CMVs in 
interstate commerce. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical 
certification.
    In reaching the decision to grant these exemption requests, FMCSA 
considered the 2007 recommendations of the Agency's Medical Expert 
Panel (MEP). The January 15, 2013, Federal Register notice (78 FR 3069) 
provides the current MEP recommendations which is the criteria the 
Agency uses to grant seizure exemptions.
    The Agency's decision regarding these exemption applications is 
based on an individualized assessment of each applicant's medical 
information, including the root cause of the respective seizure(s) and 
medical information about the applicant's seizure history, the length 
of time that has elapsed since the individual's last seizure, the 
stability of each individual's treatment regimen and the duration of 
time on or off of anti-seizure medication. In addition, the Agency 
reviewed the treating clinician's medical opinion related to the 
ability of the driver to safely operate a CMV with a history of seizure 
and each applicant's driving record found in the Commercial Driver's 
License Information System (CDLIS) for commercial driver's license 
(CDL) holders, and interstate and intrastate inspections recorded in 
the Motor Carrier Management Information System (MCMIS). For non-CDL 
holders, the Agency reviewed the driving records from the State 
Driver's Licensing Agency (SDLA). A summary of each applicant's seizure 
history was discussed in the September 10, 2018, Federal Register 
notice (83 FR 45724) change) and will not be repeated in this notice.
    These 11 applicants have been seizure-free over a range of 31 years 
while taking anti-seizure medication and maintained a stable medication 
treatment regimen for the last two years. In each case, the applicant's 
treating physician verified his or her seizure history and supports the 
ability to drive commercially.
    The Agency acknowledges the potential consequences of a driver 
experiencing a seizure while operating a CMV. However, the Agency 
believes the drivers granted this exemption have demonstrated that they 
are unlikely to have a seizure and their medical condition does not 
pose a risk to public safety.
    Consequently, FMCSA finds that in each case exempting these 
applicants from the epilepsy and seizure disorder prohibition in 49 CFR 
391.41(b)(8) is likely to achieve a level of safety equal to that 
existing without the exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the 
applicants in the exemption document and includes the following: (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.

VI. 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.

[[Page 56902]]

VII. Conclusion

    Based upon its evaluation of the 11 exemption applications, FMCSA 
exempts the following drivers from the epilepsy and seizure disorder 
prohibition, 49 CFR 391.41(b)(8), subject to the requirements cited 
above:

    Jonthon A. Arrieta (FL)
    Jose F.J. Cabrera Maciel (CA)
    Pietro Capobianco (NJ)
    Armando B. Castro Jr. (NV)
    Joshua Cirilo (MN)
    Barbara A. Cruz (IN)
    Gail A. Hackathorn (IA)
    Jose G. Lara-Ramirez (NV)
    Bryan F. Sheehan (FL)
    Christopher A. Steinke (WI)
    Francis L. Stimpson (ID)

    In accordance with 49 U.S.C. 31315(b)(1), each exemption will be 
valid for two years from the effective date unless revoked earlier by 
FMCSA. The exemption will be revoked if the following occurs: (1) The 
person fails to comply with the terms and conditions of the exemption; 
(2) the exemption has resulted in a lower level of safety than was 
maintained prior to being granted; or (3) continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136 and 31315.

    Issued on: November 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-24858 Filed 11-13-18; 8:45 am]
 BILLING CODE 4910-EX-P



     56900                   Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices

     information submitted by each                           authorized Federal, State, or local                   Bradley A. Sundby (SD)
     applicant. The qualifications,                          enforcement official.                                 Clayton A. Szydel (WI)
     experience, and medical condition of                                                                          Jeremy R. Tatro (OH)
                                                             V. Preemption                                         Imelda Y. Tolentino (AR)
     each applicant were stated and
     discussed in detail in the September 19,                   During the period the exemption is in              Birt F. Wilkerson, Jr. (TX)
     2018, Federal Register notice (83 FR                    effect, no State shall enforce any law or               In accordance with 49 U.S.C. 31136(e)
     47399) and will not be repeated in this                 regulation that conflicts with this                   and 31315, each exemption will be valid
     notice.                                                 exemption with respect to a person                    for two years from the effective date
        These 57 applicants have had ITDM                    operating under the exemption.                        unless revoked earlier by FMCSA. The
     over a range of 1 to 51 years. These                    VI. Conclusion                                        exemption will be revoked if the
     applicants report no severe                                                                                   following occurs: (1) The person fails to
     hypoglycemic reactions resulting in loss                  Based upon its evaluation of the 57                 comply with the terms and conditions
     of consciousness or seizure, requiring                  exemption applications, FMCSA                         of the exemption; (2) the exemption has
     the assistance of another person, or                    exempts the following drivers from the                resulted in a lower level of safety than
     resulting in impaired cognitive function                diabetes requirement in 49 CFR                        was maintained prior to being granted;
     that occurred without warning                           391.41(b)(10), subject to the                         or (3) continuation of the exemption
     symptoms, in the past 12 months and no                  requirements cited above:                             would not be consistent with the goals
     recurrent (two or more) severe                          Joseph J. Arena, Jr. (PA)                             and objectives of 49 U.S.C. 31136(e) and
     hypoglycemic episodes in the past five                  Daniel C. Avants (WA)                                 31315.
     years. In each case, an endocrinologist                 Danny Bailey (TX)                                       Issued on: November 5, 2018.
     verified that the driver has                            Ryan P. Bankert (PA)
                                                                                                                   Larry W. Minor,
     demonstrated a willingness to properly                  Jordan D. Braun (MN)
                                                             David W. Buckley (CT)                                 Associate Administrator for Policy.
     monitor and manage his/her diabetes
                                                             Travis R. Capesius (IA)                               [FR Doc. 2018–24859 Filed 11–13–18; 8:45 am]
     mellitus, received education related to
     diabetes management, and is on a stable                 Delqaun S. Carter (AL)                                BILLING CODE 4910–EX–P

     insulin regimen. These drivers report no                Christopher J. Epplin (IL)
     other disqualifying conditions,                         Eugenio Ezparza, Jr. (TX)
                                                             Brian L. Fairchild (ID)                               DEPARTMENT OF TRANSPORTATION
     including diabetes related
     complications. Each meets the vision                    Stephen A. Fleming (MN)
                                                             Luigi Forcellati (NJ)                                 Federal Motor Carrier Safety
     requirement at 49 CFR 391.41(b)(10).                                                                          Administration
                                                             Daniel J. Garcia (CA)
        Consequently, FMCSA finds that in
                                                             Derek A. Garibay (CO)                                 [FMCSA Docket No. FMCSA–2018–0054]
     each case exempting these applicants                    Caleb K. George (RI)
     from the diabetes requirement in 49 CFR                 Dylan M. Graham (MI)                                  Qualification of Drivers; Exemption
     391.41(b)(3) is likely to achieve a level               Donald D. Gueiss (NC)                                 Applications; Epilepsy and Seizure
     of safety equal to that existing without                Michael W. Hammarsten (MN)                            Disorders
     the exemption.                                          Robert L. Howell (IL)
                                                                                                                   AGENCY: Federal Motor Carrier Safety
     IV. Conditions and Requirements                         Mitchell M. Huston (CO)
                                                             Daniel J. Hutt (NY)                                   Administration (FMCSA), DOT.
        The terms and conditions of the                      Curtis C. Jacobs (NC)                                 ACTION: Notice of final disposition.
     exemption are provided to the                           Steven M. Johnson (IN)
     applicants in the exemption document                                                                          SUMMARY:    FMCSA announces its
                                                             Dwyanne E. Johnson (CO)                               decision to exempt 11 individuals from
     and includes the following: (1) Each                    Christopher L. Johnston (GA)
     driver must submit a quarterly                                                                                the requirement in the Federal Motor
                                                             Gregory E. Jondle (IA)
     monitoring checklist completed by the                                                                         Carrier Safety Regulations (FMCSRs)
                                                             Steven Kinkead (MO)
     treating endocrinologist as well as an                                                                        that interstate commercial motor vehicle
                                                             Alexander P. Laatz (VA)
     annual checklist with a comprehensive                                                                         (CMV) drivers have ‘‘no established
                                                             David L. Lennie (MI)
     medical evaluation; (2) each driver must                                                                      medical history or clinical diagnosis of
                                                             Philip J. Linn (OH)
     report within two business days of                                                                            epilepsy or any other condition which
                                                             Raul Martinez (TX)
     occurrence, all episodes of severe                                                                            is likely to cause loss of consciousness
                                                             Lance E. May (PA)
     hypoglycemia, significant                                                                                     or any loss of ability to control a CMV.’’
                                                             Terry A. McCoy (GA)
     complications, or inability to manage                                                                         The exemptions enable these
                                                             Brian K. McGowan (AR)
     diabetes; also, any involvement in an                                                                         individuals who have had one or more
                                                             Michael D. Mervenne (MI)
     accident or any other adverse event in                  Kendrick D. Miller (NC)                               seizures and are taking anti-seizure
     a CMV or personal vehicle, whether or                   William D. Murphy (WV)                                medication to operate CMVs in
     not it is related to an episode of                      Babykutty Oommen (IL)                                 interstate commerce.
     hypoglycemia; (3) each driver must                      Miguel A. Orozco (NJ)                                 DATES: The exemptions were applicable
     provide a copy of the ophthalmologist’s                 Arthur W. Pahmeier (IN)                               on October 17, 2018. The exemptions
     or optometrist’s report to the Medical                  Dale W. Paul (CA)                                     expire on October 17, 2020.
     Examiner at the time of the annual                      Jason J. Phillips (NM)                                FOR FURTHER INFORMATION CONTACT: Ms.
     medical examination; and (4) each                       Robert E. Piernik (FL)                                Christine A. Hydock, Chief, Medical
     driver must provide a copy of the                       Luc R. Poirier (MI)                                   Programs Division, (202) 366–4001,
     annual medical certification to the                     Rick M. Provo (IN)                                    fmcsamedical@dot.gov, FMCSA,
     employer for retention in the driver’s                  David W. Pywell (ID)                                  Department of Transportation, 1200
     qualification file, or keeping a copy in                Nicholas A. Quairoli (FL)                             New Jersey Avenue SE, Room W64–224,
     his/her driver’s qualification file if he/              Robert A. Raymond (IA)                                Washington, DC 20590–0001. Office
     she is self-employed. The driver must                   Robert A. Rock, Jr. (RI)                              hours are from 8:30 a.m. to 5 p.m., ET,
     also have a copy of the exemption when                  Hector R. Rodriguez (WA)                              Monday through Friday, except Federal
     driving, for presentation to a duly                     Samuel J. Shriver (WV)                                holidays. If you have questions


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                             Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices                                             56901

     regarding viewing or submitting                           In addition to the regulations, FMCSA               System (MCMIS). For non-CDL holders,
     material to the docket, contact Docket                  has published advisory criteria 1 to                  the Agency reviewed the driving records
     Services, telephone (202) 366–9826.                     assist medical examiners in determining               from the State Driver’s Licensing
                                                             whether drivers with certain medical                  Agency (SDLA). A summary of each
     SUPPLEMENTARY INFORMATION:
                                                             conditions are qualified to operate a                 applicant’s seizure history was
     I. Public Participation                                 CMV in interstate commerce. [49 CFR                   discussed in the September 10, 2018,
                                                             part 391, APPENDIX A TO PART 391—                     Federal Register notice (83 FR 45724)
     A. Viewing Documents and Comments
                                                             MEDICAL ADVISORY CRITERIA,                            change) and will not be repeated in this
       To view comments, as well as any                      section H. Epilepsy: § 391.41(b)(8),                  notice.
     documents mentioned in this notice as                   paragraphs 3, 4, and 5.]
                                                                                                                      These 11 applicants have been
     being available in the docket, go to                    III. Discussion of Comments                           seizure-free over a range of 31 years
     http://www.regulations.gov. Insert the                                                                        while taking anti-seizure medication
     docket number, FMCSA–2018–0054, in                         FMCSA received two comments in
                                                             this proceeding. These comments                       and maintained a stable medication
     the keyword box, and click ‘‘Search.’’                                                                        treatment regimen for the last two years.
                                                             supported granting these exemptions.
     Next, click the ‘‘Open Docket Folder’’                                                                        In each case, the applicant’s treating
     button and choose the document to                       IV. Basis for Exemption Determination                 physician verified his or her seizure
     review. If you do not have access to the                   Under 49 U.S.C. 31136(e) and                       history and supports the ability to drive
     internet, you may view the docket                       31315(b), FMCSA may grant an                          commercially.
     online by visiting the Docket                           exemption for up to five years from the
     Management Facility in Room W12–140                                                                              The Agency acknowledges the
                                                             epilepsy and seizure disorder                         potential consequences of a driver
     on the ground floor of the DOT West                     prohibition in 49 CFR 391.41(b)(8) if the
     Building, 1200 New Jersey Avenue SE,                                                                          experiencing a seizure while operating a
                                                             exemption is likely to achieve an
     Washington, DC 20590, between 9 a.m.                                                                          CMV. However, the Agency believes the
                                                             equivalent or greater level of safety than
     and 5 p.m., ET, Monday through Friday,                                                                        drivers granted this exemption have
                                                             would be achieved without the
     except Federal holidays.                                                                                      demonstrated that they are unlikely to
                                                             exemption. The exemption allows the
                                                                                                                   have a seizure and their medical
     B. Privacy Act                                          applicants to operate CMVs in interstate
                                                                                                                   condition does not pose a risk to public
                                                             commerce. FMCSA grants exemptions
       In accordance with 5 U.S.C. 553(c),                                                                         safety.
                                                             from the FMCSRs for a two-year period
     DOT solicits comments from the public                   to align with the maximum duration of                    Consequently, FMCSA finds that in
     to better inform its rulemaking process.                a driver’s medical certification.                     each case exempting these applicants
     DOT posts these comments, without                          In reaching the decision to grant these            from the epilepsy and seizure disorder
     edit, including any personal information                exemption requests, FMCSA considered                  prohibition in 49 CFR 391.41(b)(8) is
     the commenter provides, to                              the 2007 recommendations of the                       likely to achieve a level of safety equal
     www.regulations.gov, as described in                    Agency’s Medical Expert Panel (MEP).                  to that existing without the exemption.
     the system of records notice (DOT/ALL–                  The January 15, 2013, Federal Register
     14 FDMS), which can be reviewed at                      notice (78 FR 3069) provides the current              V. Conditions and Requirements
     www.dot.gov/privacy.                                    MEP recommendations which is the                        The terms and conditions of the
                                                             criteria the Agency uses to grant seizure             exemption are provided to the
     II. Background
                                                             exemptions.                                           applicants in the exemption document
        On September 10, 2018, FMCSA                            The Agency’s decision regarding these              and includes the following: (1) Each
     published a notice announcing receipt                   exemption applications is based on an                 driver must remain seizure-free and
     of applications from 11 individuals                     individualized assessment of each                     maintain a stable treatment during the
     requesting an exemption from the                        applicant’s medical information,                      two-year exemption period; (2) each
     epilepsy and seizure disorders                          including the root cause of the                       driver must submit annual reports from
     prohibition in 49 CFR 391.41(b)(8) and                  respective seizure(s) and medical
                                                                                                                   their treating physicians attesting to the
     requested comments from the public (83                  information about the applicant’s
                                                                                                                   stability of treatment and that the driver
     FR 45724). The public comment period                    seizure history, the length of time that
                                                                                                                   has remained seizure-free; (3) each
     ended on October 10, 2018, and two                      has elapsed since the individual’s last
                                                                                                                   driver must undergo an annual medical
     comments were received.                                 seizure, the stability of each individual’s
                                                                                                                   examination by a certified Medical
                                                             treatment regimen and the duration of
        FMCSA has evaluated the eligibility                                                                        Examiner, as defined by 49 CFR 390.5;
                                                             time on or off of anti-seizure
     of these applicants and determined that                                                                       and (4) each driver must provide a copy
                                                             medication. In addition, the Agency
     granting exemptions to these                                                                                  of the annual medical certification to
                                                             reviewed the treating clinician’s
     individuals would achieve a level of                                                                          the employer for retention in the
                                                             medical opinion related to the ability of
     safety equivalent to or greater than the                                                                      driver’s qualification file, or keep a copy
                                                             the driver to safely operate a CMV with
     level that would be achieved by                                                                               of his/her driver’s qualification file if
                                                             a history of seizure and each applicant’s
     complying with the current regulation                                                                         he/she is self-employed. The driver
                                                             driving record found in the Commercial
     49 CFR 391.41(b)(8).                                                                                          must also have a copy of the exemption
                                                             Driver’s License Information System
        The physical qualification standard                  (CDLIS) for commercial driver’s license               when driving, for presentation to a duly
     for drivers regarding epilepsy found in                 (CDL) holders, and interstate and                     authorized Federal, State, or local
     49 CFR 391.41(b)(8) states that a person                intrastate inspections recorded in the                enforcement official.
     is physically qualified to drive a CMV                  Motor Carrier Management Information                  VI. Preemption
     if that person has no established
     medical history or clinical diagnosis of                   1 See http://www.ecfr.gov/cgi-bin/text-idx?SID=       During the period the exemption is in
     epilepsy or any other condition which                   e47b48a9ea42dd67d999246e23d97970&mc=                  effect, no State shall enforce any law or
     is likely to cause the loss of                          true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a
                                                             and https://www.gpo.gov/fdsys/pkg/CFR-2015-
                                                                                                                   regulation that conflicts with this
     consciousness or any loss of ability to                 title49-vol5/pdf/CFR-2015-title49-vol5-part391-       exemption with respect to a person
     control a CMV.                                          appA.pdf.                                             operating under the exemption.


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     56902                    Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices

     VII. Conclusion                                         ACTION:Notice of renewal of                           FOR FURTHER INFORMATION CONTACT:     Ms.
       Based upon its evaluation of the 11                   exemptions; request for comments.                     Christine A. Hydock, Chief, Medical
     exemption applications, FMCSA                                                                                 Programs Division, 202–366–4001,
                                                             SUMMARY:   FMCSA announces its                        fmcsamedical@dot.gov, FMCSA,
     exempts the following drivers from the                  decision to renew exemptions for 83
     epilepsy and seizure disorder                                                                                 Department of Transportation, 1200
                                                             individuals from the vision requirement               New Jersey Avenue SE, Room W64–224,
     prohibition, 49 CFR 391.41(b)(8), subject               in the Federal Motor Carrier Safety
     to the requirements cited above:                                                                              Washington, DC 20590–0001. Office
                                                             Regulations (FMCSRs) for interstate                   hours are from 8:30 a.m. to 5 p.m., ET,
        Jonthon A. Arrieta (FL)                              commercial motor vehicle (CMV)                        Monday through Friday, except Federal
        Jose F.J. Cabrera Maciel (CA)                        drivers. The exemptions enable these                  holidays. If you have questions
        Pietro Capobianco (NJ)                               individuals to continue to operate CMVs               regarding viewing or submitting
        Armando B. Castro Jr. (NV)                           in interstate commerce without meeting                material to the docket, contact Docket
        Joshua Cirilo (MN)                                   the vision requirements in one eye.                   Services, telephone (202) 366–9826.
        Barbara A. Cruz (IN)                                 DATES: Each group of renewed                          SUPPLEMENTARY INFORMATION:
        Gail A. Hackathorn (IA)                              exemptions were applicable on the
        Jose G. Lara-Ramirez (NV)                                                                                  I. Public Participation
                                                             dates stated in the discussions below
        Bryan F. Sheehan (FL)                                and will expire on the dates stated in                A. Submitting Comments
        Christopher A. Steinke (WI)                          the discussions below. Comments must
        Francis L. Stimpson (ID)                                                                                     If you submit a comment, please
                                                             be received on or before December 14,                 include the docket number for this
       In accordance with 49 U.S.C.                          2018.                                                 notice (Docket No. FMCSA–2000–7165;
     31315(b)(1), each exemption will be                     ADDRESSES: You may submit comments                    FMCSA–2002–11714; FMCSA–2004–
     valid for two years from the effective                  identified by the Federal Docket                      17984; FMCSA–2004–18885; FMCSA–
     date unless revoked earlier by FMCSA.                   Management System (FDMS) Docket No.                   2005–21711; FMCSA–2006–24783;
     The exemption will be revoked if the                    FMCSA–2000–7165; FMCSA–2002–                          FMCSA–2007–27897; FMCSA–2008–
     following occurs: (1) The person fails to               11714; FMCSA–2004–17984; FMCSA–                       0021; FMCSA–2008–0106; FMCSA–
     comply with the terms and conditions                    2004–18885; FMCSA–2005–21711;                         2008–0174; FMCSA–2008–0231;
     of the exemption; (2) the exemption has                 FMCSA–2006–24783; FMCSA–2007–                         FMCSA–2008–0266; FMCSA–2009–
     resulted in a lower level of safety than                27897; FMCSA–2008–0021; FMCSA–                        0206; FMCSA–2009–0303; FMCSA–
     was maintained prior to being granted;                  2008–0106; FMCSA–2008–0174;                           2010–0082; FMCSA–2010–0114;
     or (3) continuation of the exemption                    FMCSA–2008–0231; FMCSA–2008–                          FMCSA–2010–0161; FMCSA–2010–
     would not be consistent with the goals                  0266; FMCSA–2009–0206; FMCSA–                         0187; FMCSA–2010–0354; FMCSA–
     and objectives of 49 U.S.C. 31136 and                   2009–0303; FMCSA–2010–0082;                           2010–0385; FMCSA–2011–0379;
     31315.                                                  FMCSA–2010–0114; FMCSA–2010–                          FMCSA–2011–0380; FMCSA–2012–
       Issued on: November 5, 2018.                          0161; FMCSA–2010–0187; FMCSA–                         0104; FMCSA–2012–0160; FMCSA–
     Larry W. Minor,                                         2010–0354; FMCSA–2010–0385;                           2012–0215; FMCSA–2012–0216;
     Associate Administrator for Policy.                     FMCSA–2011–0379; FMCSA–2011–                          FMCSA–2013–0169; FMCSA–2013–
     [FR Doc. 2018–24858 Filed 11–13–18; 8:45 am]
                                                             0380; FMCSA–2012–0104; FMCSA–                         0170; FMCSA–2014–0002; FMCSA–
                                                             2012–0160; FMCSA–2012–0215;                           2014–0003; FMCSA–2014–0005;
     BILLING CODE 4910–EX–P
                                                             FMCSA–2012–0216; FMCSA–2013–                          FMCSA–2014–0006; FMCSA–2014–
                                                             0169; FMCSA–2013–0170; FMCSA–                         0010; FMCSA–2014–0011; FMCSA–
     DEPARTMENT OF TRANSPORTATION                            2014–0002; FMCSA–2014–0003;                           2014–0296; FMCSA–2016–0027;
                                                             FMCSA–2014–0005; FMCSA–2014–                          FMCSA–2016–0028; FMCSA–2016–
     Federal Motor Carrier Safety                            0006; FMCSA–2014–0010; FMCSA–                         0206), indicate the specific section of
     Administration                                          2014–0011; FMCSA–2014–0296;                           this document to which each comment
                                                             FMCSA–2016–0027; FMCSA–2016–                          applies, and provide a reason for each
     [Docket No. FMCSA–2000–7165; FMCSA–
                                                             0028; FMCSA–2016–0206 using any of                    suggestion or recommendation. You
     2002–11714; FMCSA–2004–17984; FMCSA–
     2004–18885; FMCSA–2005–21711; FMCSA–                    the following methods:                                may submit your comments and
     2006–24783; FMCSA–2007–27897; FMCSA–                       • Federal eRulemaking Portal: Go to                material online or by fax, mail, or hand
     2008–0021; FMCSA–2008–0106; FMCSA–                      http://www.regulations.gov. Follow the                delivery, but please use only one of
     2008–0174; FMCSA–2008–0231; FMCSA–                      online instructions for submitting                    these means. FMCSA recommends that
     2008–0266; FMCSA–2009–0206; FMCSA–                      comments.                                             you include your name and a mailing
     2009–0303; FMCSA–2010–0082; FMCSA–                         • Mail: Docket Management Facility;                address, an email address, or a phone
     2010–0114; FMCSA–2010–0161; FMCSA–                      U.S. Department of Transportation, 1200               number in the body of your document
     2010–0187; FMCSA–2010–0354; FMCSA–                      New Jersey Avenue SE, West Building
     2010–0385; FMCSA–2011–0379; FMCSA–
                                                                                                                   so that FMCSA can contact you if there
     2011–0380; FMCSA–2012–0104; FMCSA–
                                                             Ground Floor, Room W12–140,                           are questions regarding your
     2012–0160; FMCSA–2012–0215; FMCSA–                      Washington, DC 20590–0001.                            submission.
     2012–0216; FMCSA–2013–0169; FMCSA–                         • Hand Delivery: West Building                       To submit your comment online, go to
     2013–0170; FMCSA–2014–0002; FMCSA–                      Ground Floor, Room W12–140, 1200                      http://www.regulations.gov, put the
     2014–0003; FMCSA–2014–0005; FMCSA–                      New Jersey Avenue SE, Washington,                     docket number, FMCSA–2000–7165;
     2014–0006; FMCSA–2014–0010; FMCSA–                      DC, between 9 a.m. and 5 p.m., ET,                    FMCSA–2002–11714; FMCSA–2004–
     2014–0011; FMCSA–2014–0296; FMCSA–                      Monday through Friday, except Federal                 17984; FMCSA–2004–18885; FMCSA–
     2016–0027; FMCSA–2016–0028; FMCSA–                      Holidays.                                             2005–21711; FMCSA–2006–24783;
     2016–0206]                                                 • Fax: 1–202–493–2251.                             FMCSA–2007–27897; FMCSA–2008–
     Qualification of Drivers; Exemption                        To avoid duplication, please use only              0021; FMCSA–2008–0106; FMCSA–
     Applications; Vision                                    one of these four methods. See the                    2008–0174; FMCSA–2008–0231;
                                                             ‘‘Public Participation’’ portion of the               FMCSA–2008–0266; FMCSA–2009–
     AGENCY:Federal Motor Carrier Safety                     SUPPLEMENTARY INFORMATION section for                 0206; FMCSA–2009–0303; FMCSA–
     Administration (FMCSA), DOT.                            instructions on submitting comments.                  2010–0082; FMCSA–2010–0114;


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Document Created: 2018-11-14 03:31:30
Document Modified: 2018-11-14 03:31:30
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 final disposition.
DatesThe exemptions were applicable on October 17, 2018. The exemptions expire on October 17, 2020.
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 from 8:30 a.m. to 5 p.m., ET, 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 56900 

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