Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 26218-26219 [2017-11652]

Download as PDF 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: 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 PO 00000 Frm 00177 Fmt 4703 Sfmt 4703 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 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: 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 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]


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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 final disposition.

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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: 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 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