Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 29624-29626 [2017-13618]

Download as PDF 29624 Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: Fax comments to Docket Operations at 202–493–2251. Privacy: 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. Docket: Background documents or comments received may be read at http://www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lynette Mitterer, ANM–113, Federal Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057–3356, email Lynette.Mitterer@faa.gov, phone (425) 227–1047; or Alphonso Pendergrass, ARM–200, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591, email alphonso.pendergrass@faa.gov, phone (202) 267–4713. This notice is published pursuant to 14 CFR 11.85. Issued in Renton, Washington. Victor Wicklund, Manager, Transport Standards Staff. sradovich on DSK3GMQ082PROD with NOTICES Petition for Exemption Docket No.: FAA–2017–0645. Petitioner: Western Global Airlines. Section of 14 CFR Affected: §§ 25.785(j), 25.812(e), 25.813(b), 25.857(e), 25.1447(c)(1). Description of Relief Sought: Allow for the carriage of up to two supernumeraries and allowing those supernumeraries in-flight access to Class E cargo compartment of the VerDate Sep<11>2014 18:29 Jun 28, 2017 Jkt 241001 McDonnell Douglas Model MD–11F airplanes. [FR Doc. 2017–13596 Filed 6–28–17; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Ninth RTCA SC–235 Non Rechargeable Lithium Batteries Plenary Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Ninth RTCA SC–235 Non Rechargeable Lithium Batteries Plenary. AGENCY: The FAA is issuing this notice to advise the public of a meeting of Ninth RTCA SC–235 Non Rechargeable Lithium Batteries Plenary. DATES: The meeting will be held July 13, 2017, 12:00 p.m.–1:00 p.m. ADDRESSES: The meeting will be held virtually at: https://rtca.webex.com/ rtca/j.php?MTID=m9ab27f37950b7 c41fb2cc743ef8b5891, Join by phone, 1– 877–668–4493, Call-in toll-free number (US/Canada), 1–650–479–3208, Call-in toll number (US/Canada), Access code: 638 570 306, Meeting Password: tP6B8u5E. SUMMARY: FOR FURTHER INFORMATION CONTACT: Karan Hofmann at khofmann@rtca.org or 202–330–0680, or The RTCA Secretariat, 1150 18th Street NW., Suite 910, Washington, DC 20036, or by telephone at (202) 833–9339, fax at (202) 833–9434, or Web site at http:// www.rtca.org. Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92– 463, 5 U.S.C., App.), notice is hereby given for a meeting of the Ninth RTCA SC–235 Non Rechargeable Lithium Batteries Plenary. The agenda will include the following: SUPPLEMENTARY INFORMATION: Thursday, July 13, 2017, 12:00 p.m.– 2:00 p.m. 1. Welcome and Administrative Remarks (Including DFO & RTCA Statement) 2. Introductions 3. Agenda Review 4. Meeting-Minutes Review 5. Final Review and Comment (FRAC) Resolution Review 6. Approval of DO–227A for Submission to RTCA PMC 7. Action Item Review 8. Any Other Business 9. Adjourn Attendance is open to the interested public but limited to space availability. PO 00000 Frm 00151 Fmt 4703 Sfmt 4703 With the approval of the chairman, members of the public may present oral statements at the meeting. Persons wishing to present statements or obtain information should contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Members of the public may present a written statement to the committee at any time. Issued in Washington, DC, on June 26, 2017. Mohannad Dawoud, Management and Program Analyst, Partnership Contracts Branch, ANG–A17, NextGen, Procurement Services Division, Federal Aviation Administration. [FR Doc. 2017–13606 Filed 6–28–17; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2017–0178] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption; request for comments. AGENCY: FMCSA announces receipt of applications from seven individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to control a commercial motor vehicle (CMV) to drive in interstate commerce. If granted, the exemptions would enable these individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs in interstate commerce. DATES: Comments must be received on or before July 31, 2017. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2017–0178 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 SUMMARY: E:\FR\FM\29JNN1.SGM 29JNN1 Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices 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 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 records notice (DOT/ALL–14 FDMS), which can be reviewed at http://www.dot.gov/ privacy. 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 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: FOR FURTHER INFORMATION CONTACT: sradovich on DSK3GMQ082PROD with NOTICES I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the FMCSRs for a two-year period 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. VerDate Sep<11>2014 18:29 Jun 28, 2017 Jkt 241001 The nine individuals listed in this notice have requested an exemption from the epilepsy prohibition in 49 CFR 391.41(b)(8). Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. 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 1 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 advisory criteria state the following: If an individual has had a sudden episode of a non-epileptic seizure or loss of consciousness of unknown cause that did not require anti-seizure medication, the decision whether that person’s condition is likely to cause the loss of consciousness or loss of ability to control a CMV should be made on an individual basis by the Medical Examiner in consultation with the treating physician. Prior to considering certification, it is suggested there be a six-month waiting period from the time of the episode. Following the waiting period, it is suggested that the individual undergo a complete neurological examination. If the results of the examination are negative and anti-seizure medication is not required, the driver may be qualified. In those individual cases where a driver had a seizure or an episode of loss of consciousness that resulted from a known medical condition (e.g., drug reaction, high temperature, acute infectious disease, dehydration, or acute metabolic disturbance), certification should be deferred until the driver has recovered fully from that condition, has no existing residual complications, and is not taking anti-seizure medication. 1 See http://www.ecfr.gov/cgi-bin/text-idx?SID= e47b48a9ea42dd67d999246e23d97970&mc =true&node=pt49.5.391&rgn=div5#ap49.5.391_ 171.a and https://www.gpo.gov/fdsys/pkg/CFR2015-title49-vol5/pdf/CFR-2015-title49-vol5-part 391-appA.pdf. PO 00000 Frm 00152 Fmt 4703 Sfmt 4703 29625 Drivers who have a history of epilepsy/seizures, off anti-seizure medication and seizure-free for 10 years, may be qualified to operate a CMV in interstate commerce. Interstate drivers who have had a single unprovoked seizure may be qualified to drive a CMV in interstate commerce if seizure-free and off anti-seizure medication for five years or more. As a result of Medical Examiners misinterpreting advisory criteria as regulation, numerous drivers have been prohibited from operating a CMV in interstate commerce based on the fact that they have had one or more seizures and are taking anti-seizure medication, rather than an individual analysis of their circumstances by a qualified Medical Examiner based on the physical qualification standards and medical best practices. On January 15, 2013, in a Notice of Final Disposition entitled, ‘‘Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders,’’ (78 FR 3069), FMCSA announced its decision to grant requests from 22 individuals for exemptions from the regulatory requirement that interstate 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.’’ Since the January 15, 2013 notice, the Agency has published additional notices granting requests from individuals for exemptions from the regulatory requirement regarding epilepsy found in 49 CFR 391.41(b)(8). To be considered for an exemption from the epilepsy prohibition in 49 CFR 391.41(b)(8), applicants must meet the criteria in the 2007 recommendations of the Agency’s Medical Expert Panel (MEP) (78 FR 3069). II. Qualifications of Applicants Richard A. Bailey Mr. Bailey is a 67 year-old class A CDL holder in Iowa. He has a history of a seizure disorder and his last seizure was 2009. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Bailey receiving an exemption. Roosevelt J. Chambers Mr. Chambers is a 71 year-old driver in Washington. He has a history of epilepsy and his last seizure was in 2007. He takes anti-seizure medication with the dosage and frequency remaining the same since 2006. His E:\FR\FM\29JNN1.SGM 29JNN1 29626 Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices physician states that he is supportive of Mr. Chambers receiving an exemption. Donnie D. Kuck Mr. Kuck is a 61 year-old driver in Montana. He has a history of a seizure disorder and his last seizure was in 1986. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Kuck receiving an exemption. Mario A. Palomares Mr. Palomares is a 46 year-old driver in Texas. He has a history of a seizure disorder and his last seizure was in 1985. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Palomares receiving an exemption. Mark A. Parish Mr. Parish is a 56 year-old driver in Georgia. He has a history of a seizure disorder and his last seizure was in 2008. He takes anti-seizure medication with the dosage and frequency remaining the same since 2014. His physician states that he is supportive of Mr. Parish receiving an exemption. Rickie M. Rineer these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number ‘‘FMCSA–2017–0178’’ and click the search button. When the new screen appears, click on the blue ‘‘Comment Now!’’ button on the right and side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. We will consider all comments and materials received during the comment period. FMCSA may issue a final determination any time after the close of the comment period. Mr. Rineer is a 64 year-old driver in Pennsylvania. He has a history of a seizure disorder and his last seizure was in 1981. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Rineer receiving an exemption. V. Viewing Comments and Documents Timothy Wolsieffer Issued on: June 21, 2017. Larry W. Minor, Associate Administrator for Policy. Mr. Wolsieffer is a 61 year-old driver in Pennsylvania. He has a history of a seizure disorder and his last seizure was in 1998. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Wolsieffer receiving an exemption. sradovich on DSK3GMQ082PROD with NOTICES III. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the dates section of the notice. IV. Submitting Comments You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of VerDate Sep<11>2014 18:29 Jun 28, 2017 Jkt 241001 To view comments, as well as any documents mentioned in this preamble, go to http://www.regulations.gov and in the search box insert the docket number FMCSA–2017–0178 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to this notice. [FR Doc. 2017–13618 Filed 6–28–17; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2005–22177; FMCSA– 2005–22905; FMCSA–2006–26600; FMCSA– 2008–0009; FMCSA–2008–0399; FMCSA– 2009–0055; FMCSA–2011–0011; FMCSA– 2011–0025; FMCSA–2013–0011; FMCSA– 2013–0013; FMCSA–2014–0314] Qualification of Drivers; Exemption Applications; Diabetes Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: PO 00000 Frm 00153 Fmt 4703 Sfmt 4703 FMCSA announces its decision to renew exemptions of 135 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 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: 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 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 April 27, 2017, FMCSA published a notice announcing its decision to renew exemptions for 135 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 (82 FR 19435). The public comment period E:\FR\FM\29JNN1.SGM 29JNN1

Agencies

[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Notices]
[Pages 29624-29626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13618]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0178]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption; request for comments.

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

SUMMARY: FMCSA announces receipt of applications from seven individuals 
for an exemption from the prohibition in the Federal Motor Carrier 
Safety Regulations (FMCSRs) against persons with a clinical diagnosis 
of epilepsy or any other condition that is likely to cause a loss of 
consciousness or any loss of ability to control a commercial motor 
vehicle (CMV) to drive in interstate commerce. If granted, the 
exemptions would enable these individuals who have had one or more 
seizures and are taking anti-seizure medication to operate CMVs in 
interstate commerce.

DATES: Comments must be received on or before July 31, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2017-0178 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

[[Page 29625]]

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 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 records notice (DOT/ALL-14 FDMS), which can be reviewed at 
http://www.dot.gov/privacy.

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 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. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the FMCSRs for a two-year period 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 nine individuals listed in this notice have requested an 
exemption from the epilepsy prohibition in 49 CFR 391.41(b)(8). 
Accordingly, the Agency will evaluate the qualifications of each 
applicant to determine whether granting the exemption will achieve the 
required level of safety mandated by statute.
    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 \1\ 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.]
---------------------------------------------------------------------------

    \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

    The advisory criteria state the following:
    If an individual has had a sudden episode of a non-epileptic 
seizure or loss of consciousness of unknown cause that did not require 
anti-seizure medication, the decision whether that person's condition 
is likely to cause the loss of consciousness or loss of ability to 
control a CMV should be made on an individual basis by the Medical 
Examiner in consultation with the treating physician. Prior to 
considering certification, it is suggested there be a six-month waiting 
period from the time of the episode. Following the waiting period, it 
is suggested that the individual undergo a complete neurological 
examination. If the results of the examination are negative and anti-
seizure medication is not required, the driver may be qualified.
    In those individual cases where a driver had a seizure or an 
episode of loss of consciousness that resulted from a known medical 
condition (e.g., drug reaction, high temperature, acute infectious 
disease, dehydration, or acute metabolic disturbance), certification 
should be deferred until the driver has recovered fully from that 
condition, has no existing residual complications, and is not taking 
anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure 
medication and seizure-free for 10 years, may be qualified to operate a 
CMV in interstate commerce. Interstate drivers who have had a single 
unprovoked seizure may be qualified to drive a CMV in interstate 
commerce if seizure-free and off anti-seizure medication for five years 
or more.
    As a result of Medical Examiners misinterpreting advisory criteria 
as regulation, numerous drivers have been prohibited from operating a 
CMV in interstate commerce based on the fact that they have had one or 
more seizures and are taking anti-seizure medication, rather than an 
individual analysis of their circumstances by a qualified Medical 
Examiner based on the physical qualification standards and medical best 
practices.
    On January 15, 2013, in a Notice of Final Disposition entitled, 
``Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders,'' (78 FR 3069), FMCSA announced its decision to 
grant requests from 22 individuals for exemptions from the regulatory 
requirement that interstate 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.'' Since the January 15, 2013 notice, the Agency has 
published additional notices granting requests from individuals for 
exemptions from the regulatory requirement regarding epilepsy found in 
49 CFR 391.41(b)(8).
    To be considered for an exemption from the epilepsy prohibition in 
49 CFR 391.41(b)(8), applicants must meet the criteria in the 2007 
recommendations of the Agency's Medical Expert Panel (MEP) (78 FR 
3069).

II. Qualifications of Applicants

Richard A. Bailey

    Mr. Bailey is a 67 year-old class A CDL holder in Iowa. He has a 
history of a seizure disorder and his last seizure was 2009. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since that time. His physician states that he is supportive of Mr. 
Bailey receiving an exemption.

Roosevelt J. Chambers

    Mr. Chambers is a 71 year-old driver in Washington. He has a 
history of epilepsy and his last seizure was in 2007. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since 2006. His

[[Page 29626]]

physician states that he is supportive of Mr. Chambers receiving an 
exemption.

Donnie D. Kuck

    Mr. Kuck is a 61 year-old driver in Montana. He has a history of a 
seizure disorder and his last seizure was in 1986. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since that time. His physician states that he is supportive of Mr. Kuck 
receiving an exemption.

Mario A. Palomares

    Mr. Palomares is a 46 year-old driver in Texas. He has a history of 
a seizure disorder and his last seizure was in 1985. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since that time. His physician states that he is supportive of Mr. 
Palomares receiving an exemption.

Mark A. Parish

    Mr. Parish is a 56 year-old driver in Georgia. He has a history of 
a seizure disorder and his last seizure was in 2008. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since 2014. His physician states that he is supportive of Mr. Parish 
receiving an exemption.

Rickie M. Rineer

    Mr. Rineer is a 64 year-old driver in Pennsylvania. He has a 
history of a seizure disorder and his last seizure was in 1981. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since that time. His physician states that he is supportive of 
Mr. Rineer receiving an exemption.

Timothy Wolsieffer

    Mr. Wolsieffer is a 61 year-old driver in Pennsylvania. He has a 
history of a seizure disorder and his last seizure was in 1998. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since that time. His physician states that he is supportive of 
Mr. Wolsieffer receiving an exemption.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments received before 
the close of business on the closing date indicated in the dates 
section of the notice.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket number ``FMCSA-2017-0178'' and 
click the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right and side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. If you submit your comments by mail or 
hand delivery, submit them in an unbound format, no larger than 8\1/2\ 
by 11 inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the facility, 
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and materials received during the 
comment period. FMCSA may issue a final determination any time after 
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2017-0178 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: June 21, 2017.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-13618 Filed 6-28-17; 8:45 am]
 BILLING CODE 4910-EX-P