83_FR_6760 83 FR 6729 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

83 FR 6729 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 31 (February 14, 2018)

Page Range6729-6730
FR Document2018-03058

FMCSA announces its decision to renew exemptions for six individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' The exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to continue to operate CMVs in interstate commerce.

Federal Register, Volume 83 Issue 31 (Wednesday, February 14, 2018) 
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6729-6730]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03058]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0389; FMCSA-2012-0094; FMCSA-2013-0107; FMCSA-
2014-0381; FMCSA-2015-0116]


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 renew exemptions for six 
individuals from the requirement in the Federal Motor Carrier Safety 
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) 
drivers have ``no established medical history or clinical diagnosis of 
epilepsy or any other condition which is likely to cause loss of 
consciousness or any loss of ability to control a CMV.'' The exemptions 
enable these individuals who have had one or more seizures and are 
taking anti-seizure medication to continue to operate CMVs in 
interstate commerce.

DATES: The exemptions were applicable on November 6, 2017. The 
exemptions expire on November 6, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA,

[[Page 6730]]

Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

II. Background

    On December 13, 2017, FMCSA published a notice announcing its 
decision to renew exemptions for six individuals from the epilepsy and 
seizure disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV 
in interstate commerce and requested comments from the public (82 FR 
58681). The public comment period ended on January 12, 2018 and one 
comment was received.
    As stated in the previous notice, FMCSA has evaluated the 
eligibility of these applicants and determined that renewing these 
exemptions would achieve a level of safety equivalent to or greater 
than the level that would be achieved by complying with the current 
regulation 49 CFR 391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy 
found in 49 CFR 391.41(b)(8) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of epilepsy or any other condition which 
is likely to cause the loss of consciousness or any loss of ability to 
control a CMV.
    In addition to the regulations, FMCSA has published advisory 
criteria to assist Medical Examiners in determining whether drivers 
with certain medical conditions are qualified to operate a CMV in 
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL 
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs 
3, 4, and 5.]

III. Discussion of Comments

    FMCSA received one comment in this proceeding. The author wrote 
that exemptions to driving qualification tests should not be granted 
and that drivers should prove their ability to drive despite medical 
conditions. FMCSA interprets this comment as referring to necessity of 
drivers being required to demonstrate their ability to safely operate a 
commercial motor vehicle despite not meeting the physical qualification 
standards. The Agency only issues exemptions if the driver is likely to 
achieve a level of highway safety that is equivalent to, or granter 
than, the level if none were granted. Additionally, interstate 
commercial motor vehicle drivers who are granted medical exemptions 
must undergo the same driver qualification process as other interstate 
commercial motor vehicle operators.

IV. Conclusion

    Based upon its evaluation of the six renewal exemption applications 
and the comment received, FMCSA announces its' decision to exempt the 
following drivers from the epilepsy and seizure disorders prohibition 
in 49 CFR 391.41 (b)(8):
    As of November 6, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following six individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers. (82 FR 
58681):
Christopher Bird, (OH)
Ronald Bohr, (IA)
Michael Breitbach, (IA)
William H. Brown, (NC)
Joseph D'Angelo, (NY)
Stephen Stawinsky, (PA)
    The drivers were included in docket number FMCSA-2011-0389; FMCSA-
2012-0094; FMCSA-2013-0107; FMCSA-2014-0381; FMCSA-2015-0116. Their 
exemptions are applicable as of November 6, 2017, and will expire on 
November 6, 2019.
    In accordance with 49 U.S.C. 31315, each exemption will be valid 
for two years from the effective date unless revoked earlier by FMCSA. 
The exemption will be revoked if the following occurs: (1) The person 
fails to comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
prior to being granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136 and 
31315.

    Issued on: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy .
[FR Doc. 2018-03058 Filed 2-13-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices 6729 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV submit them in an unbound format, no examined him in 2017 and certified that safely. Mr. Trussell meets the larger than 81⁄2 by 11 inches, suitable for he does not have diabetic retinopathy. requirements of the vision standard at copying and electronic filing. If you He holds a Class B CDL from Oklahoma. 49 CFR 391.41(b)(10). His optometrist submit comments by mail and would examined him in 2017 and certified that like to know that they reached the John W. Olenczak he does not have diabetic retinopathy. facility, please enclose a stamped, self- Mr. Olenczak, 75, has had ITDM since He holds a Class A CDL from Texas. addressed postcard or envelope. 2016. His endocrinologist examined him We will consider all comments and in 2017 and certified that he has had no Raymond L. Underwood, Jr. materials received during the comment severe hypoglycemic reactions resulting Mr. Underwood, 64, has had ITDM period. FMCSA may issue a final in loss of consciousness, requiring the since 2006. His endocrinologist determination at any time after the close assistance of another person, or examined him in 2017 and certified that of the comment period. resulting in impaired cognitive function he has had no severe hypoglycemic that occurred without warning in the reactions resulting in loss of V. Viewing Comments and Documents past 12 months and no recurrent (two or consciousness, requiring the assistance To view comments, as well as any more) severe hypoglycemic episodes in of another person, or resulting in documents mentioned in this preamble, the last five years. His endocrinologist impaired cognitive function that go to http://www.regulations.gov and in certifies that Mr. Olenczak understands occurred without warning in the past 12 the search box insert the docket number diabetes management and monitoring, months and no recurrent (two or more) FMCSA–2017–0289 and click ‘‘Search.’’ has stable control of his diabetes using severe hypoglycemic episodes in the Next, click ‘‘Open Docket Folder’’ and insulin, and is able to drive a CMV last five years. His endocrinologist you will find all documents and safely. Mr. Olenczak meets the certifies that Mr. Underwood comments related to this notice. requirements of the vision standard at understands diabetes management and Issued on: February 7, 2018. 49 CFR 391.41(b)(10). His optometrist monitoring, has stable control of his examined him in 2017 and certified that diabetes using insulin, and is able to Larry W. Minor, he does not have diabetic retinopathy. drive a CMV safely. Mr. Underwood Associate Administrator for Policy. He holds a Class A CDL from New meets the requirements of the vision [FR Doc. 2018–03068 Filed 2–13–18; 8:45 am] Jersey. standard at 49 CFR 391.41(b)(10). His BILLING CODE 4910–EX–P Michael A. Randazzo ophthalmologist examined him in 2017 and certified that he has stable Mr. Randazzo, 28, has had ITDM proliferative diabetic retinopathy. He DEPARTMENT OF TRANSPORTATION since 2013. His endocrinologist holds an operator’s license from examined him in 2017 and certified that Connecticut. Federal Motor Carrier Safety he has had no severe hypoglycemic Administration reactions resulting in loss of III. Request for Comments [Docket No. FMCSA–2011–0389; FMCSA– consciousness, requiring the assistance In accordance with 49 U.S.C. 31136(e) 2012–0094; FMCSA–2013–0107; FMCSA– of another person, or resulting in and 31315, FMCSA requests public 2014–0381; FMCSA–2015–0116] impaired cognitive function that comment from all interested persons on occurred without warning in the past 12 the exemption petitions described in Qualification of Drivers; Exemption months and no recurrent (two or more) this notice. We will consider all Applications; Epilepsy and Seizure severe hypoglycemic episodes in the comments received before the close of Disorders last five years. His endocrinologist business on the closing date indicated AGENCY: Federal Motor Carrier Safety certifies that Mr. Randazzo understands in the dates section of the notice. Administration (FMCSA), DOT. diabetes management and monitoring, has stable control of his diabetes using IV. Submitting Comments ACTION: Notice of final disposition. insulin, and is able to drive a CMV You may submit your comments and SUMMARY: FMCSA announces its safely. Mr. Randazzo meets the material online or by fax, mail, or hand decision to renew exemptions for six requirements of the vision standard at delivery, but please use only one of individuals from the requirement in the 49 CFR 391.41(b)(10). His optometrist these means. FMCSA recommends that Federal Motor Carrier Safety examined him in 2017 and certified that you include your name and a mailing Regulations (FMCSRs) that interstate he does not have diabetic retinopathy. address, an email address, or a phone commercial motor vehicle (CMV) He holds an operator’s license from number in the body of your document drivers have ‘‘no established medical Pennsylvania. so that FMCSA can contact you if there history or clinical diagnosis of epilepsy are questions regarding your Jonathan M. Trussell or any other condition which is likely submission. Mr. Trussell, 30, has had ITDM since To submit your comment online, go to to cause loss of consciousness or any 2010. His endocrinologist examined him http://www.regulations.gov and in the loss of ability to control a CMV.’’ The in 2017 and certified that he has had no search box insert the docket number exemptions enable these individuals severe hypoglycemic reactions resulting FMCSA–2017–0289 and click the search who have had one or more seizures and in loss of consciousness, requiring the button. When the new screen appears, are taking anti-seizure medication to assistance of another person, or click on the blue ‘‘Comment Now!’’ continue to operate CMVs in interstate resulting in impaired cognitive function button on the right hand side of the commerce. daltland on DSKBBV9HB2PROD with NOTICES that occurred without warning in the page. On the new page, enter DATES: The exemptions were applicable past 12 months and no recurrent (two or information required including the on November 6, 2017. The exemptions more) severe hypoglycemic episodes in specific section of this document to expire on November 6, 2019. the last five years. His endocrinologist which each comment applies, and FOR FURTHER INFORMATION CONTACT: Ms. certifies that Mr. Trussell understands provide a reason for each suggestion or Christine A. Hydock, Chief, Medical diabetes management and monitoring, recommendation. If you submit your Programs Division, (202) 366–4001, has stable control of his diabetes using comments by mail or hand delivery, fmcsamedical@dot.gov, FMCSA, VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00223 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1

6730 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices Department of Transportation, 1200 Medical Examiners in determining of the exemption; (2) the exemption has New Jersey Avenue SE, Room W64–224, whether drivers with certain medical resulted in a lower level of safety than Washington, DC 20590–0001. Office conditions are qualified to operate a was maintained prior to being granted; hours are from 8:30 a.m. to 5 p.m., e.t., CMV in interstate commerce. [49 CFR or (3) continuation of the exemption Monday through Friday, except Federal part 391, APPENDIX A TO PART 391— would not be consistent with the goals holidays. If you have questions MEDICAL ADVISORY CRITERIA, and objectives of 49 U.S.C. 31136 and regarding viewing or submitting section H. Epilepsy: § 391.41(b)(8), 31315. material to the docket, contact Docket paragraphs 3, 4, and 5.] Issued on: February 7, 2018. Services, telephone (202) 366–9826. Larry W. Minor, III. Discussion of Comments SUPPLEMENTARY INFORMATION: FMCSA received one comment in this Associate Administrator for Policy . I. Electronic Access proceeding. The author wrote that [FR Doc. 2018–03058 Filed 2–13–18; 8:45 am] You may see all the comments online exemptions to driving qualification tests BILLING CODE 4910–EX–P through the Federal Document should not be granted and that drivers Management System (FDMS) at: http:// should prove their ability to drive www.regulations.gov. despite medical conditions. FMCSA DEPARTMENT OF TRANSPORTATION Docket: For access to the docket to interprets this comment as referring to National Highway Traffic Safety read background documents or necessity of drivers being required to Administration comments, go to http:// demonstrate their ability to safely www.regulations.gov and/or Room operate a commercial motor vehicle [Docket No. NHTSA–2017–2014] W12–140 on the ground level of the despite not meeting the physical West Building, 1200 New Jersey Avenue qualification standards. The Agency Reports, Forms, and Record Keeping SE, Washington, DC, between 9 a.m. and only issues exemptions if the driver is Requirements Agency Information 5 p.m., e.t., Monday through Friday, likely to achieve a level of highway Collection Activity Under OMB Review except Federal holidays. safety that is equivalent to, or granter AGENCY: National Highway Traffic Privacy Act: In accordance with 5 than, the level if none were granted. Safety Administration (NHTSA), U.S.C. 553(c), DOT solicits comments Additionally, interstate commercial Department of Transportation. from the public to better inform its motor vehicle drivers who are granted ACTION: Notice and request for rulemaking process. DOT posts these medical exemptions must undergo the comments. comments, without edit, including any same driver qualification process as personal information the commenter other interstate commercial motor SUMMARY: In compliance with the provides, to http://www.regulations.gov, vehicle operators. Paperwork Reduction Act of 1995, this as described in the system of records notice announces that the Information notice (DOT/ALL–14 FDMS), which can IV. Conclusion Collection Request (ICR) abstracted be reviewed at http://www.dot.gov/ Based upon its evaluation of the six below is being forwarded to the Office privacy. renewal exemption applications and the of Management and Budget (OMB) for II. Background comment received, FMCSA announces review and comments. A Federal its’ decision to exempt the following Register Notice with a 60-day comment On December 13, 2017, FMCSA drivers from the epilepsy and seizure period soliciting comments on the published a notice announcing its disorders prohibition in 49 CFR 391.41 following information collection was decision to renew exemptions for six (b)(8): published on October 20, 2017 (82 FR individuals from the epilepsy and As of November 6, 2017, and in 48891). Two comments were received. seizure disorders prohibition in 49 CFR accordance with 49 U.S.C. 31136(e) and The content of neither comment related 391.41(b)(8) to operate a CMV in 31315, the following six individuals to the proposed data collection. interstate commerce and requested have satisfied the renewal conditions for DATES: Comments must be submitted on comments from the public (82 FR obtaining an exemption from the or before March 16, 2018. 58681). The public comment period epilepsy and seizure disorders ADDRESSES: Send comments, within 30 ended on January 12, 2018 and one prohibition in the FMCSRs for interstate days, regarding the burden estimate, comment was received. CMV drivers. (82 FR 58681): As stated in the previous notice, including suggestions for reducing the Christopher Bird, (OH) burden, to the Office of Management FMCSA has evaluated the eligibility of Ronald Bohr, (IA) these applicants and determined that and Budget, Attention: Desk Officer for Michael Breitbach, (IA) renewing these exemptions would William H. Brown, (NC) the Office of the Secretary of achieve a level of safety equivalent to or Joseph D’Angelo, (NY) Transportation, 725 17th Street NW, greater than the level that would be Stephen Stawinsky, (PA) Washington, DC 20503. achieved by complying with the current The drivers were included in docket FOR FURTHER INFORMATION CONTACT: Ms. regulation 49 CFR 391.41(b)(8). number FMCSA–2011–0389; FMCSA– Laurie Flaherty, Coordinator, National The physical qualification standard 2012–0094; FMCSA–2013–0107; 911 Program, Office of Emergency for drivers regarding epilepsy found in FMCSA–2014–0381; FMCSA–2015– Medical Services (NPD–400), National 49 CFR 391.41(b)(8) states that a person 0116. Their exemptions are applicable Highway Traffic Safety Administration, is physically qualified to drive a CMV as of November 6, 2017, and will expire U.S. Department of Transportation, 1200 if that person has no established on November 6, 2019. New Jersey Avenue SE, Room W44–322, daltland on DSKBBV9HB2PROD with NOTICES medical history or clinical diagnosis of In accordance with 49 U.S.C. 31315, Washington, DC 20590. Ms. Flaherty’s epilepsy or any other condition which each exemption will be valid for two phone number is 202–366–2705 and her is likely to cause the loss of years from the effective date unless email address is Laurie.Flaherty@ consciousness or any loss of ability to revoked earlier by FMCSA. The dot.gov. Please identify the relevant control a CMV. exemption will be revoked if the collection of information by referring to In addition to the regulations, FMCSA following occurs: (1) The person fails to its OMB Control Number. has published advisory criteria to assist comply with the terms and conditions SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00224 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1


Document Created: 2018-02-14 03:59:45
Document Modified: 2018-02-14 03:59:45
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 November 6, 2017. The exemptions expire on November 6, 2019.
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., 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 6729 
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