Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 26218-26219 [2017-11652]
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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
Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices
and determined that granting these
exemptions would achieve an
equivalent or greater level of safety than
would be achieved without the
exemption.
IV. Conclusion
Based upon its evaluation of the four
renewal exemption applications 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: Christopher
Bird (OH); Edward Nissenbaum (PA);
Stephen Stawinsky (PA); and George
Webb (MA).
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. 2017–11652 Filed 6–5–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2010–0355; FMCSA–
2010–0386; FMCSA–2012–0347; FMCSA–
2012–0348; FMCSA–2014–0310; FMCSA–
2014–0311]
Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to renew exemptions of 130
individuals from its prohibition in the
Federal Motor Carrier Safety
Regulations (FMCSRs) against persons
with insulin-treated diabetes mellitus
(ITDM) from operating commercial
motor vehicles (CMVs) in interstate
commerce. The exemptions enable these
individuals with ITDM 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
mstockstill on DSK30JT082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
20:52 Jun 05, 2017
Jkt 241001
expire on the dates stated in the
discussions below.
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 a.m. to 5:30
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:
FOR FURTHER INFORMATION CONTACT:
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 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 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 December 29, 2016, FMCSA
published a notice announcing its
decision to renew exemptions for 130
individuals from the insulin-treated
diabetes mellitus prohibition in 49 CFR
391.41(b)(3) to operate a CMV in
interstate commerce and requested
comments from the public (81 FR
96183). The public comment period
ended on January 30, 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)(3).
The physical qualification standard
for drivers regarding diabetes found in
49 CFR 391.41(b)(3) states that a person
is physically qualified to drive a CMV
PO 00000
Frm 00178
Fmt 4703
Sfmt 4703
26219
if that person has no established
medical history or clinical diagnosis of
diabetes mellitus currently requiring
insulin for control.
III. Discussion of Comments
FMCSA received no comments in this
preceding.
IV. Conclusion
Based upon its evaluation of the 130
renewal exemption applications and
that no comments were received,
FMCSA confirms its’ decision to exempt
the following drivers from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce in
49 CFR 391.41(b)(3):
As of January 9, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 7 individuals have
satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(77 FR 65931; 78 FR 1926):
Thomas L. Graber (PA)
Jeremiah S. Johnson (ND)
Henry P. Musgrove, Jr. (WA)
Henry W. Rutschow (OH)
Michael L. Sabin (IL)
Patrick E. Snyder (NY)
Odell Williams (NC)
The drivers were included in docket
No. FMCSA–2012–0347. Their
exemptions are effective as of January 9,
2017, and will expire on January 9,
2019.
As of January 10, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 9 individuals have
satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(75 FR 69734; 76 FR 1495):
Jerry A. Barber (NY)
Julie A. Brandvold (ND)
Terry D. Cunningham (OH)
Dean A. Dalessandro (MA)
Albert H. Feldt (MO)
Christopher J. Grause (SD)
Shannon A. Griffin (MO)
Mathew M. Rollins (SC)
James H. Smith (DC)
The drivers were included in docket
No. FMCSA–2010–0355. Their
exemptions are effective as of January
10, 2017, and will expire on January 10,
2019.
As of January 15, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 40 individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(79 FR 74159; 80 FR 8926):
E:\FR\FM\06JNN1.SGM
06JNN1
Agencies
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26218-26219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11652]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0107]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to renew exemptions for 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:
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 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
[[Page 26219]]
and determined that granting these exemptions would achieve an
equivalent or greater level of safety than would be achieved without
the exemption.
IV. Conclusion
Based upon its evaluation of the four renewal exemption
applications 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: Christopher Bird
(OH); Edward Nissenbaum (PA); Stephen Stawinsky (PA); and George Webb
(MA).
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. 2017-11652 Filed 6-5-17; 8:45 am]
BILLING CODE 4910-EX-P