Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 3842-3843 [2017-00518]
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Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Notices
socioeconomics, environmental justice,
and children’s environmental health
and safety risks; visual effects; and
water resources (including wetlands,
floodplains, surface waters,
groundwater, and wild and scenic
rivers). Potential cumulative impacts are
also addressed in the Draft EA.
The FAA has posted the Draft EA on
the FAA Office of Commercial Space
Transportation Web site: https://
www.faa.gov/about/office_org/
headquarters_offices/ast/
environmental/nepa_docs/review/
launch/.
Issued in Washington, DC, on January 5,
2017.
Daniel Murray,
Manager, Space Transportation Development
Division.
[FR Doc. 2017–00549 Filed 1–11–17; 8:45 am]
BILLING CODE 4910–13–P
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
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
FMCSA announces its
decision to renew exemptions of 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. Comments must be
received on or before February 13, 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–
mstockstill on DSK3G9T082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
19:46 Jan 11, 2017
Jkt 241001
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.
You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2013–0109; FMCSA–2013–0444 using
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket number(s) for this notice. Note
that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below for
further information.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time or
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The
FDMS is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments online.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to 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.
ADDRESSES:
PO 00000
Frm 00127
Fmt 4703
Sfmt 4703
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for two
years if it finds ‘‘such exemption would
likely achieve a level of safety that is
equivalent to or greater than the level
that would be achieved absent such
exemption.’’ The statute also allows the
Agency to renew exemptions at the end
of the two-year period.
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.]
The 10 individuals listed in this
notice have requested renewal of their
exemptions from the Epilepsy and
Seizure Disorders prohibition in 49 CFR
391.41(b)(8), in accordance with
FMCSA procedures. Accordingly,
FMCSA has evaluated these
applications for renewal on their merits
and decided to extend each exemption
for a renewable two-year period.
II. Request for Comments
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will
take immediate steps to revoke the
exemption of a driver.
III. Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an
exemption may be granted for no longer
than two years from its approval date
and may be renewed upon application.
In accordance with 49 U.S.C. 31136(e)
and 31315, each of the 10 applicants has
satisfied the conditions for obtaining an
exemption from the Epilepsy and
Seizure Disorder requirements and was
published in the Federal Register (79
E:\FR\FM\12JAN1.SGM
12JAN1
mstockstill on DSK3G9T082PROD with NOTICES
Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Notices
FR 23054, 79 FR 73400). In addition, for
Commercial Driver’s License (CDL)
holders, the Commercial Driver’s
License information System (CDLIS)
and the Motor Carrier Management
Information System (MCMIS) are
searched for crash and violation data.
For non-CDL holders, the Agency
reviews the driving records from the
State Driver’s Licensing Agency (SDLA).
These factors provide an adequate basis
for predicting each driver’s ability to
continue to safely operate a CMV in
interstate commerce.
The 10 drivers in this notice remain
in good standing with the Agency, have
maintained their medical monitoring,
and have not exhibited any medical
issues that would compromise their
ability to safely operate a CMV during
the previous two-year exemption
period. FMCSA has concluded that
renewing the exemptions for each of
these applicants is likely to achieve a
level of safety equal to that existing
without the exemption. Therefore,
FMCSA has decided to renew each
exemption for a two-year period. In
accordance with 49 U.S.C. 31136(e) and
31315, each driver has received a
renewed exemption.
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
(79 FR 23054). This driver was included
in FMCSA–2013–0109. The 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
(79 FR 73400):
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. The exemptions
were effective on June 24, 2016, and
will expire on June 24, 2018.
The exemptions are extended subject
to the following conditions: (1) Each
driver must remain seizure-free and
maintain a stable treatment during the
two-year exemption period; (2) each
18:28 Jan 11, 2017
Jkt 241001
V. 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.
VI. Conclusion
Based upon its evaluation of the 10
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the Epilepsy and Seizure
Disorders requirement in 49 CFR
391.41(b)(8). In accordance with 49
U.S.C. 31136(e) and 31315, each
exemption will be valid for two years
unless revoked earlier by FMCSA.
Issued on: December 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–00518 Filed 1–11–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2010–0247; FMCSA–
2012–0128; FMCSA–2012–0217; FMCSA–
2012–0219; FMCSA–2014–0021]
Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
IV. Conditions and Requirements
VerDate Sep<11>2014
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 have a copy of the exemption
when driving for presentation to a duly
authorized Federal, State, or local
enforcement official. The exemption
will be rescinded if: (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 before it
was granted; or (3) continuation of the
exemption would not be consistent with
the goals and objectives of 49 U.S.C.
31136(e) and 31315.
FMCSA announces its
decision to renew exemptions of 116
individuals from its prohibition in the
SUMMARY:
PO 00000
Frm 00128
Fmt 4703
Sfmt 4703
3843
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
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 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:
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 November 15, 2016, FMCSA
published a notice announcing its
decision to renew exemptions for 116
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
80164). The public comment period
ended on December 15, 2016 and no
comments were received.
As stated in the previous notice,
FMCSA has evaluated the eligibility of
E:\FR\FM\12JAN1.SGM
12JAN1
Agencies
[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)]
[Notices]
[Pages 3842-3843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00518]
-----------------------------------------------------------------------
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 renewal of exemptions; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to renew exemptions of 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. Comments must be received on or before February
13, 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.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0109; FMCSA-2013-0444
using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to https://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
Docket: For access to the docket to read background documents or
comments, go to https://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to 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.
I. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for two years if it finds ``such exemption would likely achieve a level
of safety that is equivalent to or greater than the level that would be
achieved absent such exemption.'' The statute also allows the Agency to
renew exemptions at the end of the two-year period.
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.]
The 10 individuals listed in this notice have requested renewal of
their exemptions from the Epilepsy and Seizure Disorders prohibition in
49 CFR 391.41(b)(8), in accordance with FMCSA procedures. Accordingly,
FMCSA has evaluated these applications for renewal on their merits and
decided to extend each exemption for a renewable two-year period.
II. Request for Comments
Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.
III. Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application. In accordance with 49 U.S.C. 31136(e) and 31315, each of
the 10 applicants has satisfied the conditions for obtaining an
exemption from the Epilepsy and Seizure Disorder requirements and was
published in the Federal Register (79
[[Page 3843]]
FR 23054, 79 FR 73400). In addition, for Commercial Driver's License
(CDL) holders, the Commercial Driver's License information System
(CDLIS) and the Motor Carrier Management Information System (MCMIS) are
searched for crash and violation data. For non-CDL holders, the Agency
reviews the driving records from the State Driver's Licensing Agency
(SDLA). These factors provide an adequate basis for predicting each
driver's ability to continue to safely operate a CMV in interstate
commerce.
The 10 drivers in this notice remain in good standing with the
Agency, have maintained their medical monitoring, and have not
exhibited any medical issues that would compromise their ability to
safely operate a CMV during the previous two-year exemption period.
FMCSA has concluded that renewing the exemptions for each of these
applicants is likely to achieve a level of safety equal to that
existing without the exemption. Therefore, FMCSA has decided to renew
each exemption for a two-year period. In accordance with 49 U.S.C.
31136(e) and 31315, each driver has received a renewed exemption.
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 (79 FR 23054). This driver was included in FMCSA-
2013-0109. The 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 (79 FR 73400):
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. The exemptions were
effective on June 24, 2016, and will expire on June 24, 2018.
IV. Conditions and Requirements
The exemptions are extended subject to the following conditions:
(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 have a copy of the exemption when driving for
presentation to a duly authorized Federal, State, or local enforcement
official. The exemption will be rescinded if: (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
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315.
V. 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.
VI. Conclusion
Based upon its evaluation of the 10 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the Epilepsy
and Seizure Disorders requirement in 49 CFR 391.41(b)(8). In accordance
with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two
years unless revoked earlier by FMCSA.
Issued on: December 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-00518 Filed 1-11-17; 8:45 am]
BILLING CODE 4910-EX-P