Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 13184-13185 [2017-04679]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with NOTICES 13184 Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices Justin J. Day (SD) Charles G. Denegal (WA) Wayne H. Dirks (WA) Charles G. Elliott (IN) Joseph S. Farrow (MN) James R. Fiecke (ND) Eric C. Gambill (OH) Mark P. Gerrits (WI) Michael Gilon (NH) Chance A. Gooch (GA) Robert L. Harris (IN) Darrell S. Haynes (PA) Joseph D. Helget (OR) Charles D. Henderson (NY) Marvin S. Howard (OH) Eric A. Knox (KY) Erik M. Lindquist (WA) Thomas K. Linkel (IN) Christine I. Llewellyn (IL) Ryan A. Malandrone (WI) Thomas J. Manning (MN) Steve A. Meharry (WA) Robert A. Miller Jr. (WV) Ben G. Moore (IL) Chad M. Morris (NY) Paul C. Mortenson (WI) William D. Murray (AL) Jacob D. Nafziger (OH) Edward T. Nauer (VA) Keith W. Nichols (TX) Colin R. Parmelee (IN) Matthew P. Sczpanski (OH) Anthony S. Sobreiro (NJ) Colby E. Starner (PA) Daniel E. Stephens (NY) Bartholomew Taliaferro (PA) Johnathan D. Truitt (IL) Rylan P. Wheeler (IL) Gordon J. White (MO) Kelly L. Whitley (NC) Jerry R. Williams (GA) Charles L. Wojton (PA) Michelle L. York (WA) Steven L. Zimmer (OH) The drivers were included in docket No: FMCSA–2014–0017. Their exemptions are effective as of July 25, 2016, and will expire on July 25, 2018. As of July 26, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 15 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 33551; 77 FR 43901): Larry J. Anderson (MN) Wade D. Calvin (WA) Carl A. Candelaria (NM) Owen R. Dossett (AL) Jennifer A. Ferguson (SC) Michael E. Fritz (NV) Lee A. Haerterich (WI) Eric W. Holland (CO) Richard P. Holmen (MN) Edward Jones (GA) Paul A. Lacina (ND) Bradley J. Moore (MO) VerDate Sep<11>2014 17:43 Mar 08, 2017 Jkt 241001 Ross W. Petermann (MN) Randall J. Tatum (MA) Curtis J. Young (FL) The drivers were included in docket No. FMCSA–2012–0108. Their exemptions are effective as of July 26, 2016, and will expire on July 26, 2018. As of July 27, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 12 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 34206; 75 FR 44049): Clinton R. Carlson II (RI) Brandon L. Cheek (NC) Richard A. Dufton, Jr. (NH) Kenneth Dunn (IN) Robert J. Dyxin (IL) Michael H. Hayden (NY) John T. Jones (OK) Blake A.S. Keeten (NE) Randall L. Koegel (NY) Worden T. Price (NC) Gary L. Sager (IL) Darrel D. Schroeder (KS) The drivers were included in docket No: FMCSA–2010–0138. Their exemptions are effective as of July 27, 2016, and will expire on July 27, 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: March 1, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017–04687 Filed 3–8–17; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0107] 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 the exemption of one SUMMARY: PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 individual 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.’’ This exemption enables this individual who has had one or more seizures and is taking anti-seizure medication to continue to operate CMVs in interstate commerce. DATES: The exemption is effective on January 12, 2016. The exemption will expire on January 12, 2018. Comments must be received on or before April 10, 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– 2013–0107 using any of the following methods: • Federal eRulemaking Portal: Go to http://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., e.t., 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 http:// 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 http:// www.regulations.gov at any time or Room W12–140 on the ground level of E:\FR\FM\09MRN1.SGM 09MRN1 Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices 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. 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 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. 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 individual listed in this notice has requested renewal of his exemption from the Epilepsy and Seizure Disorders prohibition in 49 CFR 391.41(b)(8), in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated the application for renewal on its merits and decided to extend the exemption for a renewable two-year period. 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, the applicant has satisfied the conditions for obtaining an exemption from the Epilepsy and Seizure Disorder requirements and were published in the Federal Register (78 FR 67449). 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 driver in this notice remains in good standing with the Agency, has maintained his medical monitoring and has not exhibited any medical issues that would compromise his ability to safely operate a CMV during the previous two-year exemption period. FMCSA has concluded that renewing the exemption for this applicant is likely to achieve a level of safety equal to that existing without the exemption. Therefore, FMCSA has decided to renew the exemption for a two-year period. In accordance with 49 U.S.C. 31136(e) and 31315, this driver has received a renewed exemption. As of January 12, 2016, Lyle Trimm (NJ) 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 (78 FR 67449). This driver was included in FMCSA– 2013–0107. This exemption is effective on January 12, 2016, and will expire on January 12, 2018. II. Request for Comments Interested parties or organizations possessing information that would otherwise show that this driver is not currently achieving the statutory level of 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 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. asabaliauskas on DSK3SPTVN1PROD with NOTICES 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. VerDate Sep<11>2014 17:43 Mar 08, 2017 Jkt 241001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 13185 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. 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 this exemption application, FMCSA renews the exemption of the aforementioned driver 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: February 28, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017–04679 Filed 3–8–17; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2016–0008] 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 exempt nine individuals from the requirement in the Federal SUMMARY: E:\FR\FM\09MRN1.SGM 09MRN1

Agencies

[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Notices]
[Pages 13184-13185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04679]


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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 renewal of exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to renew the exemption of one 
individual 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.'' This exemption 
enables this individual who has had one or more seizures and is taking 
anti-seizure medication to continue to operate CMVs in interstate 
commerce.

DATES: The exemption is effective on January 12, 2016. The exemption 
will expire on January 12, 2018. Comments must be received on or before 
April 10, 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-2013-0107 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://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., 
e.t., 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 http://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 http://www.regulations.gov at any time or Room W12-140 
on the ground level of

[[Page 13185]]

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. 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 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.

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 individual listed in this notice has requested renewal of his 
exemption from the Epilepsy and Seizure Disorders prohibition in 49 CFR 
391.41(b)(8), in accordance with FMCSA procedures. Accordingly, FMCSA 
has evaluated the application for renewal on its merits and decided to 
extend the exemption for a renewable two-year period.

II. Request for Comments

    Interested parties or organizations possessing information that 
would otherwise show that this driver is 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, the 
applicant has satisfied the conditions for obtaining an exemption from 
the Epilepsy and Seizure Disorder requirements and were published in 
the Federal Register (78 FR 67449). 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 driver in this notice remains in good standing with the Agency, 
has maintained his medical monitoring and has not exhibited any medical 
issues that would compromise his ability to safely operate a CMV during 
the previous two-year exemption period. FMCSA has concluded that 
renewing the exemption for this applicant is likely to achieve a level 
of safety equal to that existing without the exemption. Therefore, 
FMCSA has decided to renew the exemption for a two-year period. In 
accordance with 49 U.S.C. 31136(e) and 31315, this driver has received 
a renewed exemption.
    As of January 12, 2016, Lyle Trimm (NJ) 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 (78 FR 67449).
    This driver was included in FMCSA-2013-0107. This exemption is 
effective on January 12, 2016, and will expire on January 12, 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 also 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 this exemption application, FMCSA 
renews the exemption of the aforementioned driver 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: February 28, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-04679 Filed 3-8-17; 8:45 am]
 BILLING CODE 4910-EX-P