Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 26217-26218 [2017-11651]
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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices
Issued on: May 26, 2017.
Larry W. Minor,
Associate Administrator for Policy.
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FR Doc. 2017–11640 Filed 6–5–17; 8:45 am]
BILLING CODE 4910–EX–P
[Docket No. FMCSA–2013–0109; FMCSA–
2013–0444]
DEPARTMENT OF TRANSPORTATION
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration
Hours of Service (HOS) of Drivers;
American Pyrotechnics Assoc. (APA)
Application for Exemption From the
14-Hour Rule; Request To Add New
Member to Current APA Exemption;
Correction
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for an
extension of exemption; request for
comments; correction.
AGENCY:
The FMCSA published a
document in the Federal Register of
May 15, 2017 (82 FR 22375), concerning
a request for comments on the American
Pyrotechnics Association’s request for a
member company, Pyro Shows of
Alabama, Incorporated, to be included
in an existing exemption. The document
referenced June 14, 2017, in the DATES
section but did not specify the
significance of that date, which should
have been the end of the comment
period.
SUMMARY:
Comments must be received on
or before June 14, 2017.
FOR FURTHER INFORMATION CONTACT: For
information concerning this notice,
contact Mr. Thomas Yager, Chief,
FMCSA Driver and Carrier Operations
Division; Office of Carrier, Driver and
Vehicle Safety Standards; Telephone:
(614) 942–6477. Email: MCPSD@
dot.gov. If you have questions on
viewing or submitting material to the
docket, contact Docket Services,
telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
DATES:
mstockstill on DSK30JT082PROD with NOTICES
Correction
1. In the Federal Register of May 15,
2017 (82 FR 22375), in FR Doc. 2017–
09735, on page 22376, in the first
column, correct the DATES paragraph to
read:
DATES: Comments must be received
on or before June 14, 2017.
Issued on: May 30, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–11650 Filed 6–5–17; 8:45 am]
BILLING CODE 4910–EX–P
VerDate Sep<11>2014
20:52 Jun 05, 2017
Jkt 241001
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
[Docket No. FMCSA–2007–28043]
FMCSA confirms its decision
to renew exemptions for 10 individuals
from the requirement in the Federal
Motor Carrier Safety Regulations
(FMCSRs) that interstate commercial
motor vehicle (CMV) drivers have ‘‘no
established medical history or clinical
diagnosis of epilepsy or any other
condition which is likely to cause loss
of consciousness or any loss of ability to
control a CMV.’’ The exemptions enable
these individuals who have had one or
more seizures and are taking antiseizure medication to continue to
operate CMVs in interstate commerce.
DATES: Each group of renewed
exemptions was effective on the dates
stated in the discussions below and will
expire on the dates stated in the
discussions below.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
224, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5
p.m., e.t., Monday through Friday,
except Federal holidays. If you have
questions regarding viewing or
submitting material to the docket,
contact Docket Services, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
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
PO 00000
Frm 00176
Fmt 4703
Sfmt 4703
26217
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
II. Background
On October 20, 2016, FMCSA
published a notice announcing its
decision to renew exemptions for 10
individuals from the Epilepsy and
Seizure Disorders prohibition in 49 CFR
391.41(b)(8) to operate a CMV in
interstate commerce and requested
comments from the public (81 FR
72663). The public comment period
ended on November 21, 2016, and one
comment was received on January 12,
2017, FMCSA published a second notice
announcing its decision to renew
exemptions for the same 10 individuals
from the Epilepsy and Seizure Disorders
prohibition in 49 CFR 391.41(b)(8) to
operate a CMV in interstate commerce
and requested comments from the
public (81 FR 72663). The public
comment period ended on February 13,
2017, and no comments were received.
As stated in the previous notice,
FMCSA has evaluated the eligibility of
these applicants and determined that
renewing these exemptions would
achieve a level of safety equivalent to or
greater than the level that would be
achieved by complying with the current
regulation 49 CFR 391.41(b)(8).
The physical qualification standard
for drivers regarding epilepsy found in
49 CFR 391.41(b)(8) states that a person
is physically qualified to drive a CMV
if that person:
Has no established medical history or clinical
diagnosis of epilepsy or any other condition
which is likely to cause the loss of
consciousness or any loss of ability to control
a CMV.
In addition to the regulations, FMCSA
has published advisory criteria to assist
Medical Examiners in determining
whether drivers with certain medical
conditions are qualified to operate a
CMV in interstate commerce. [49 CFR
part 391, APPENDIX A TO PART 391—
MEDICAL ADVISORY CRITERIA,
section H. Epilepsy: § 391.41(b)(8),
paragraphs 3, 4, and 5.]
III. Discussion of Comments
In response to the October 20, 2016,
notice, FMCSA received one comment
in support of Mr. Troff receiving an
exemption. No comments were received
in response to the January 12, 2017
notice.
E:\FR\FM\06JNN1.SGM
06JNN1
26218
Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices
IV. Conclusion
DEPARTMENT OF TRANSPORTATION
Based upon its evaluation of the 10
renewal exemption applications and
comments received, FMCSA confirms
its’ decision to exempt the following
drivers from the Epilepsy and Seizure
Disorders requirement in 49 CFR 391.41
(b)(8), subject to the requirements cited
above.
As of June 9, 2016, David Crowe (VA),
has satisfied the renewal conditions for
obtaining an exemption from the
Epilepsy and Seizure Disorders
prohibition in 49 CFR 391.41(b)(8), from
driving CMVs in interstate commerce
(81 FR 72663). This driver was included
in FMCSA–2013–0109. This exemption
was effective on June 9, 2016, and will
expire on June 9, 2018.
As of June 24, 2016, the following 9
individuals have satisfied the renewal
conditions for obtaining an exemption
from the Epilepsy and Seizure Disorders
prohibition in 49 CFR 391.41(b)(8) from
driving CMVs in interstate commerce
(81 FR 72663):
Federal Motor Carrier Safety
Administration
Travis Arend (VA)
Heath Crowe (LA)
Richard Degnan (AZ)
Peter DellaRocco (PA)
Domenick Panfie (NJ)
Scott Reaves (TX)
Milton Tatham (NV)
Thomas Tincher (VA)
Duane Troff (MN)
mstockstill on DSK30JT082PROD with NOTICES
These drivers were included in
FMCSA–2013–0444. These exemptions
were effective June 24, 2016, and will
expire June 24, 2018.
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: May 26, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–11651 Filed 6–5–17; 8:45 am]
BILLING CODE 4910–EX–P
VerDate Sep<11>2014
20:52 Jun 05, 2017
Jkt 241001
[Docket No. FMCSA–2013–0107]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to renew exemptions for four
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 effective
on November 6, 2015. The exemptions
expire on November 6, 2017.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
224, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5
p.m., e.t., Monday through Friday,
except Federal holidays. If you have
questions regarding viewing or
submitting material to the docket,
contact Docket Services, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
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
PO 00000
Frm 00177
Fmt 4703
Sfmt 4703
personal information the commenter
provides, to https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
II. Background
On October 14, 2016, FMCSA
published a notice announcing its
decision to renew exemptions for four
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 (81 FR
71164). The public comment period
ended on November 14, 2016, and no
comments were received on January 9,
2017, FMCSA published a second notice
announcing its decision to renew
exemptions for the same four
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 (81 FR
71164). The public comment period
ended on February 8, 2017, 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: section
391.41(b)(8), paragraphs 3, 4, and 5.]
III. Discussion of Comments
FMCSA received no comments in
response to the October 14, 2016, notice.
FMCSA received one comment in
response to the January 9, 2017, notice.
This commenter expressed concern for
allowing individuals with epilepsy to
drive even when taking anti-seizure
medication. FMCSA evaluated the
medical records of all four applicants
E:\FR\FM\06JNN1.SGM
06JNN1
Agencies
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26217-26218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11651]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0109; FMCSA-2013-0444]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA confirms its decision to renew exemptions for 10
individuals from the requirement in the Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV)
drivers have ``no established medical history or clinical diagnosis of
epilepsy or any other condition which is likely to cause loss of
consciousness or any loss of ability to control a CMV.'' The exemptions
enable these individuals who have had one or more seizures and are
taking anti-seizure medication to continue to operate CMVs in
interstate commerce.
DATES: Each group of renewed exemptions was effective on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
e.t., Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Electronic Access
You may see all the comments online through the Federal Document
Management System (FDMS) at: https://www.regulations.gov.
Docket: For access to the docket to read background documents or
comments, go to https://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 https://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at https://www.dot.gov/privacy.
II. Background
On October 20, 2016, FMCSA published a notice announcing its
decision to renew exemptions for 10 individuals from the Epilepsy and
Seizure Disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV
in interstate commerce and requested comments from the public (81 FR
72663). The public comment period ended on November 21, 2016, and one
comment was received on January 12, 2017, FMCSA published a second
notice announcing its decision to renew exemptions for the same 10
individuals from the Epilepsy and Seizure Disorders prohibition in 49
CFR 391.41(b)(8) to operate a CMV in interstate commerce and requested
comments from the public (81 FR 72663). The public comment period ended
on February 13, 2017, and no comments were received.
As stated in the previous notice, FMCSA has evaluated the
eligibility of these applicants and determined that renewing these
exemptions would achieve a level of safety equivalent to or greater
than the level that would be achieved by complying with the current
regulation 49 CFR 391.41(b)(8).
The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person:
Has no established medical history or clinical diagnosis of epilepsy
or any other condition which is likely to cause the loss of
consciousness or any loss of ability to control a CMV.
In addition to the regulations, FMCSA has published advisory
criteria to assist Medical Examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL
ADVISORY CRITERIA, section H. Epilepsy: Sec. 391.41(b)(8), paragraphs
3, 4, and 5.]
III. Discussion of Comments
In response to the October 20, 2016, notice, FMCSA received one
comment in support of Mr. Troff receiving an exemption. No comments
were received in response to the January 12, 2017 notice.
[[Page 26218]]
IV. Conclusion
Based upon its evaluation of the 10 renewal exemption applications
and comments received, FMCSA confirms its' decision to exempt the
following drivers from the Epilepsy and Seizure Disorders requirement
in 49 CFR 391.41 (b)(8), subject to the requirements cited above.
As of June 9, 2016, David Crowe (VA), has satisfied the renewal
conditions for obtaining an exemption from the Epilepsy and Seizure
Disorders prohibition in 49 CFR 391.41(b)(8), from driving CMVs in
interstate commerce (81 FR 72663). This driver was included in FMCSA-
2013-0109. This exemption was effective on June 9, 2016, and will
expire on June 9, 2018.
As of June 24, 2016, the following 9 individuals have satisfied the
renewal conditions for obtaining an exemption from the Epilepsy and
Seizure Disorders prohibition in 49 CFR 391.41(b)(8) from driving CMVs
in interstate commerce (81 FR 72663):
Travis Arend (VA)
Heath Crowe (LA)
Richard Degnan (AZ)
Peter DellaRocco (PA)
Domenick Panfie (NJ)
Scott Reaves (TX)
Milton Tatham (NV)
Thomas Tincher (VA)
Duane Troff (MN)
These drivers were included in FMCSA-2013-0444. These exemptions
were effective June 24, 2016, and will expire June 24, 2018.
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: May 26, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-11651 Filed 6-5-17; 8:45 am]
BILLING CODE 4910-EX-P