Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 2297-2298 [2018-00598]

Download as PDF daltland on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices Joseph S. Hurlburt (NY) Robert J. Johnson (WA) Robert L. Lawson (SC) Leroy Madison (SC) Mark L. Martin (WA) Wendell J. Matthews (MO) Peter G. Mattos (VT) Michael J. Murray, Jr. (CA) Joseph K. Niesen (IL) Herman Powell, Jr. (TX) William H. Riley, Jr. (IL) Thomas H. Smith (SC) James W. Smith (IL) Michael J. Swanson (IL) Patrick J. Sweeney (NJ) Mark A. Turley (PA) Jon T. Webster (MN) The drivers were included in docket number FMCSA–2015–0069. Their exemptions are applicable as of November 17, 2017, and will expire on November 17, 2019. As of November 20, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 20 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (71 FR 58464; 71 FR 67201; 80 FR 68895): John N. Anderson (MN) Allan C. Boyum (MN) Terry L. Brantley (NC) Steven E. Brechting (MI) Scott A. Carlson (WI) Joseph L. Coggins (SC) Stephanie D. Fry (WY) Robert W. Gaultney, Jr. (MD) Paul T. Kubish (WI) David M. Levy (NY) David F. Morin (CA) Jeffrey J. Morinelli (NE) Ronald D. Murphy (WV) Charles B. Page (PA) John A. Remaklus (OH) Michael D. Schooler (IN) Arthur L. Stapleton, Jr. (OH) Jeffrey M. Thew (WA) Barney J. Wade Dennis D. Wade (IL) The drivers were included in docket number FMCSA–2006–25751. Their exemptions are applicable as of November 20, 2017, and will expire on November 20, 2019. As of November 21, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 29 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (80 FR 63863; 81 FR 6330): Leonel Barrera, Jr. (TX) Alfred T. Benelli (PA) Rickie J. Burgess (NC) Edson M. Chick (VT) VerDate Sep<11>2014 22:48 Jan 12, 2018 Jkt 244001 Jerome E. Collins (LA) Alvah R. Daniel, Jr. (WY) John M. Fisher (VA) Kent E. Fry (IL) Stanley M. Garrison (AR) Eric T. Herron (NV) Lyle E. Hinspeter, Jr. (IA) Burton W. Holliday (AL) Justin L. Howe (IL) Robert M. Manko (NY) Clarance McNeill (NC) Joe R. Minga (MS) Tyna M. Murphy (PA) Jose A. Ortega (IL) Troy D. Ostrowski (MN) Terry G. Parker (OR) Anthony T. Quaglieri (NJ) Antonio Ramos (RI) Robert N. Ruhs (IA) Ford J. Stevens, Jr. (MA) Donald T. Streich (WA) Dale A. Stydinger (PA) Raymond E. Thomason (CA) Robert M. Wright (PA) Joe L. Zamora (TX) The drivers were included in docket number FMCSA–2015–0068. Their exemptions are applicable as of November 21, 2017, and will expire on November 21, 2019. As of November 22, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, Steven R. Auger (NH) has satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (76 FR 63295; 76 FR 76400; 80 FR 68895). This driver was included in docket number FMCSA–2013–0189. The exemption is applicable as of November 22, 2017, and will expire on November 22, 2019. IV. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) each driver must report within two business days of occurrence, all episodes of severe hypoglycemia, significant complications, or inability to manage diabetes; also, any involvement in an accident or any other adverse event in a CMV or personal vehicle, whether or not it is related to an episode of hypoglycemia; (3) each driver must submit an annual ophthalmologist’s or optometrist’s report; 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 in his/her driver’s qualification file if he/she is self- PO 00000 Frm 00167 Fmt 4703 Sfmt 4703 2297 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 the 169 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce. 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: January 5, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–00580 Filed 1–12–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0050; FMCSA– 2012–0294; FMCSA–2013–0106; FMCSA– 2014–0214; FMCSA–2014–0216; FMCSA– 2014–0381; FMCSA–2015–0115; FMCSA– 2015–0116; FMCSA–2015–0117] 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 12 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 SUMMARY: E:\FR\FM\16JAN1.SGM 16JAN1 2298 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 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 applicable on September 12, 2017. The exemptions expire on September 12, 2019. 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: 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.] I. Electronic Access FMCSA received no comments in this preceding. 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. daltland on DSKBBV9HB2PROD with NOTICES II. Background On October 11, 2017, FMCSA published a notice announcing its decision to renew exemptions for 12 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 (82 FR 47314). The public comment period ended on November 13, 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)(8). VerDate Sep<11>2014 22:48 Jan 12, 2018 Jkt 244001 III. Discussion of Comments Based upon its evaluation of the 12 renewal exemption applications, FMCSA announces its’ decision to exempt the following drivers from the epilepsy and seizure disorders prohibition in 49 CFR 391.41 (b)(8): As of September 12, 2017, 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 epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers (82 FR 47314): Ronald Boogay (NJ) Todd W. Brock (CO) Matthew J. Chizek (WI) Paul E. Granger (MI) Jason C. Kirkham (WI) Michael K. Lail (NC) Ivan M. Martin (PA) Charles A. McCarthy III (MA) Douglas S. Slagel (OH) William L. Swann (MD) Cory R. Wagner (IL) Timothy M. Zahratka (MN) The drivers were included in docket numbers FMCSA–2012–0050; FMCSA– 2012–0294; FMCSA–2013–0106; FMCSA–2014–0214; FMCSA–2014– 0216; FMCSA–2014–0381; FMCSA– 2015–0115; FMCSA–2015–0116; FMCSA–2015–0117. Their exemptions are applicable as of September 12, 2017, and will expire on September 12, 2019. 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 Frm 00168 Fmt 4703 Issued on: January 5, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–00598 Filed 1–12–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2017–0253] 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: IV. Conclusion PO 00000 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. Sfmt 4703 FMCSA announces receipt of applications from four 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 February 15, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2017–0253 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., e.t., Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and the SUMMARY: E:\FR\FM\16JAN1.SGM 16JAN1

Agencies

[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2297-2298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00598]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0050; FMCSA-2012-0294; FMCSA-2013-0106; FMCSA-
2014-0214; FMCSA-2014-0216; FMCSA-2014-0381; FMCSA-2015-0115; FMCSA-
2015-0116; FMCSA-2015-0117]


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 12 
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

[[Page 2298]]

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 applicable on September 12, 2017. The 
exemptions expire on September 12, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: https://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to https://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to https://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at https://www.dot.gov/privacy.

II. Background

    On October 11, 2017, FMCSA published a notice announcing its 
decision to renew exemptions for 12 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 (82 FR 
47314). The public comment period ended on November 13, 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)(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: Sec.  391.41(b)(8), paragraphs 
3, 4, and 5.]

III. Discussion of Comments

    FMCSA received no comments in this preceding.

IV. Conclusion

    Based upon its evaluation of the 12 renewal exemption applications, 
FMCSA announces its' decision to exempt the following drivers from the 
epilepsy and seizure disorders prohibition in 49 CFR 391.41 (b)(8):
    As of September 12, 2017, 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 epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers (82 FR 
47314):

Ronald Boogay (NJ)
Todd W. Brock (CO)
Matthew J. Chizek (WI)
Paul E. Granger (MI)
Jason C. Kirkham (WI)
Michael K. Lail (NC)
Ivan M. Martin (PA)
Charles A. McCarthy III (MA)
Douglas S. Slagel (OH)
William L. Swann (MD)
Cory R. Wagner (IL)
Timothy M. Zahratka (MN)

    The drivers were included in docket numbers FMCSA-2012-0050; FMCSA-
2012-0294; FMCSA-2013-0106; FMCSA-2014-0214; FMCSA-2014-0216; FMCSA-
2014-0381; FMCSA-2015-0115; FMCSA-2015-0116; FMCSA-2015-0117. Their 
exemptions are applicable as of September 12, 2017, and will expire on 
September 12, 2019.
    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: January 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-00598 Filed 1-12-18; 8:45 am]
 BILLING CODE 4910-EX-P

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