Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 6716-6718 [2018-03065]

Download as PDF daltland on DSKBBV9HB2PROD with NOTICES 6716 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices Christopher W. Brown (FL) Rodney W. Buxkemper (TX) Douglas R. Christian (GA) Marie A. Clark (MA) Daniel G. Close (AL) Timothy P. Deignan (MA) Roy D. Draughon (OH) Saul Garcia (CA) John A. Gott (MD) Paul T. Haegele (ND) David A. Heard (SD) Marvin M. Heatherly (TN) Justin M. Herb (IN) Daniel T. Hernandez (TX) Terry D. Higdon (TN) Donald F. Higgins (IN) Steven W. Hobbs (GA) Demarco L. Johnson (GA) Howard Jones (NY) Hoyt M. Jordan (IA) David E. Logan (OR) Aner A. Maldonado (IL) Robert R. Martinez (CA) Daniel P. McCartney (IL) James A. McFail (DC) Richard A. Miller (PA) Domenic Moffo (CT) James P. Moran (WV) James L. Morgan, Jr. (NC) Steven E. Novitski (WI) Mark A. Nowakowski (WA) Michael A. Ragan (MD) Timothy E. Reilly (CT) Michael L. Roberts (IA) Jesus P. Sanchez (AZ) Rafael Santiago (FL) Dewey D. Shawver (WA) Kenneth J. Sortman (OH) Wendell A. Sowards (OH) Edward R. Sutton (CA) Austin M. Thies (IA) Hughes Tranquille (NY) Robert E. Trumbull (OH) Ronald L. Weaver (PA) Walter S. Whitehorn (AK) Bruce A. Willard (NH) Ricky D. Yates (GA) The following two applicants have had more than one hypoglycemic episode requiring hospitalization or the assistance of others, or has had one such episode but has not had one year of stability following the episode: Steven G. Donovan, (MO); Dagmar E. Kark, (WA). The following four applicants had other medical conditions making the applicant otherwise unqualified under the Federal Motor Carrier Safety Regulations: Carl Bouie (MD) Kenneth D. Ettinger (PA) Leonard W. Narragon (TX) Roger G. Rousseau (WA) The following three applicants did not have endocrinologists willing to make statements that they are able to operate CMVs from a diabetes VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 standpoint: Mohd Issa R.A. El Muhtaseb, (IL); Eleazar Pina, (IL); Robert B. Puckett, (IL). The following two applicants have peripheral neuropathy or circulatory insufficiency of the extremities likely to interfere with the ability to operate a CMV: Flavio Pereira, (MA); Charlie T. Melson, (GA). The following applicant does not meet the minimum age criteria outlined in 49 CFR 391.41(b)(1) which states that an individual must be at least 21 years old to operate a CMV in interstate commerce: Michael J. Sabarese, (NJ). The following 18 applicants were exempt from the diabetes standard: Troy L. Bunch (NC) Shawn M. Cody (IN) Rodger L. Davis (VA) Stuart A. Desautel (WA) Gary D. Detwiler (CA) Gary M. Fuller (IN) Herman Harris (SC) Kenneth L. Johnson (FL) Paul Key (IL) Leodon L. Killinger (ME) James C. Lewis (LA) Mario M. Moreno (CA) Robert C. Newell (KY) Pedro Pagan (NY) Horace G. Perry (TX) Domingo D. Rangel (TX) Dale Z. Stephens (PA) David D. Trupia (NY) Issued on: February 7, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–03030 Filed 2–13–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2017–0254] 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 six 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 SUMMARY: PO 00000 Frm 00210 Fmt 4703 Sfmt 4703 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 March 16, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2017–0254 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 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. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, E:\FR\FM\14FEN1.SGM 14FEN1 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices 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: daltland on DSKBBV9HB2PROD with NOTICES I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the FMCSRs for a five-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 five-year period. FMCSA grants exemptions from the FMCSRs for a twoyear period to align with the maximum duration of a driver’s medical certification. The six individuals listed in this notice have requested an exemption from the epilepsy and seizure disorders 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 states 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 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-title49vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf. VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 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. Before certification is considered, it is suggested that a sixmonth waiting period elapse from the time of the episode. Following the waiting period, it is suggested that the individual have a complete neurological examination. If the results of the examination are negative and antiseizure medication is not required, then 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 with a history of a single unprovoked seizure may be qualified to drive a CMV in interstate commerce if seizure-free and off anti-seizure medication for a five-year period 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, FMCSA announced in a Notice of Final Disposition titled, Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, (78 FR 3069), 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 and seizure disorders PO 00000 Frm 00211 Fmt 4703 Sfmt 4703 6717 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 Eriki M. Galloway Mr. Galloway, 48, has a history of a seizure disorder and has been seizure free since 1987. He takes anti-seizure medication, with the dosage and frequency remaining the same since 1981. His physician states that he is supportive of Mr. Galloway receiving an exemption. Aaron J. Harms Mr. Harms, 29, has a history of epilepsy and has been seizure free since 2004. He takes anti-seizure medication, with the dosage and frequency remaining the same since 2004. His physician states that he is supportive of Mr. Harms receiving an exemption. Matthew Heinen Mr. Heinen, 41, has a history of epilepsy and has been seizure free since 2004. He takes anti-seizure medications, with the dosages and frequencies remaining the same since 2004. His physician states that she is supportive of Mr. Heinen receiving an exemption. Grant M. Johnson Mr. Johnson, 31, has a history of a seizure disorder and has been seizure free since 1999. He takes anti-seizure medication, with the dosage and frequency remaining the same since 1999. His physician states that he is supportive of Mr. Johnson receiving an exemption. Derick Pendergrass Mr. Pendergrass, 35, has a history of a seizure disorder and has been seizure free since 2005. He takes anti-seizure medication, with the dosage and frequency remaining the same since 2005. His physician states that he is supportive of Mr. Pendergrass receiving an exemption. Paul D. Vitous Mr. Vitous, 59, has a history of epilepsy and has been seizure free since 2007. He takes anti-seizure medication, with the dosage and frequency remaining the same since 2013. His physician states that he is supportive of Mr. Vitous 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 E:\FR\FM\14FEN1.SGM 14FEN1 6718 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices 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. DEPARTMENT OF TRANSPORTATION IV. Submitting Comments [Docket No. FMCSA–2016–0167] 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–2017–0254 and click the search button. When the new screen appears, click on the blue ‘‘Comment Now!’’ button on the right hand 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 at any time after the close of the comment period. Parts and Accessories Necessary for Safe Operation, Lamps and Reflective Devices; Application for an Exemption From STEMCO LP Federal Motor Carrier Safety Administration 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–2017–0254 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to this notice. Issued on: February 7, 2018. Larry W. Minor, Associate Administrator for Policy. daltland on DSKBBV9HB2PROD with NOTICES [FR Doc. 2018–03065 Filed 2–13–18; 8:45 am] BILLING CODE 4910–EX–P Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; grant of application for exemption. AGENCY: The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant STEMCO LP’s (STEMCO) application for a limited 5-year exemption to allow motor carriers to operate certain commercial motor vehicles (CMVs) that are equipped with STEMCO’s TrailerTail® aerodynamic device with rear identification lamps and rear clearance lamps that are mounted lower than currently permitted by the Agency’s regulations. The Federal Motor Carrier Safety Regulations (FMCSRs) require rear identification lamps and rear clearance lamps to be located ‘‘as close as practicable to the top of the vehicle.’’ While the TrailerTail® aerodynamic device is currently mounted slightly below the roof of the vehicle, STEMCO states that this offset prevents the device from delivering the maximum available fuel economy benefit as opposed to mounting it flush with the top of the vehicle which may block the visibility of the rear identification lamps and rear clearance lamps. The Agency has determined that locating the rear identification lamps and rear clearance lamps lower on the trailers and semitrailers, mounted at the same level as the stop lamps, tail lamps, and turn signals will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. FOR FURTHER INFORMATION CONTACT: Mr. Jose Cestero, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, MC– PSV, (202) 366–5541; Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590–0001. SUPPLEMENTARY INFORMATION: SUMMARY: Background Pursuant to 49 CFR part 381, FMCSA has authority to grant exemptions from certain Federal Motor Carrier Safety Regulations (FMCSRs). FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00212 Fmt 4703 Sfmt 4703 381.315(a)). The Agency must provide the public with an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews the safety analyses and the public comments and determines whether granting the exemption would likely achieve a level of safety equivalent to or greater than the level that would be achieved by the current regulation (49 CFR 381.305(a)). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)). If the Agency denies the request, it must state the reason for doing so. If the decision is to grant the exemption, the notice must specify the person or class of persons receiving the exemption and the regulatory provision or provisions from which an exemption is granted. The notice must specify the terms and conditions of the exemption, as well as its effective period (up to 5 years). The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)). STEMCO Application for Exemption STEMCO, on behalf of motor carriers utilizing its TrailerTail® aerodynamic devices, applied for an exemption from 49 CFR 393.11 to allow rear identification lamps and rear clearance lamps to be mounted lower than currently permitted by the Agency’s regulations. Table 1 of section 393.11, ‘‘Required lamps and reflectors on commercial motor vehicles,’’ specifies the requirements for lamps, reflective devices and associated equipment by the type of CMV. All CMVs manufactured on or after December 25, 1968, must, at a minimum, meet the applicable requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, ‘‘Lamps, reflective devices, and associated equipment,’’ in effect at the time of manufacture of the vehicle. Rear identification lamps must be mounted as close as practicable to the top of the vehicle. One lamp must be as close as practicable to the vertical centerline and one on each side of the center lamp with the lamp centers spaced not less than 6 inches or more than 12 inches apart, and all on the same level. One rear clearance lamp must be located on each side of the vertical centerline of the vehicle to indicate overall width, both of which must be on the same level and as high as practicable. In February 2015, STEMCO purchased ATDynamics and its TrailerTail® product line, a collapsible E:\FR\FM\14FEN1.SGM 14FEN1

Agencies

[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6716-6718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03065]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0254]


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 six 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 March 16, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2017-0254 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 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.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, [email protected], FMCSA,

[[Page 6717]]

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 five-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 
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical 
certification.
    The six individuals listed in this notice have requested an 
exemption from the epilepsy and seizure disorders 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 states 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. Before 
certification is considered, it is suggested that a six-month waiting 
period elapse from the time of the episode. Following the waiting 
period, it is suggested that the individual have a complete 
neurological examination. If the results of the examination are 
negative and anti-seizure medication is not required, then 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 with a history of a 
single unprovoked seizure may be qualified to drive a CMV in interstate 
commerce if seizure-free and off anti-seizure medication for a five-
year period 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, FMCSA announced in a Notice of Final 
Disposition titled, Qualification of Drivers; Exemption Applications; 
Epilepsy and Seizure Disorders, (78 FR 3069), 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 and seizure 
disorders 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

Eriki M. Galloway

    Mr. Galloway, 48, has a history of a seizure disorder and has been 
seizure free since 1987. He takes anti-seizure medication, with the 
dosage and frequency remaining the same since 1981. His physician 
states that he is supportive of Mr. Galloway receiving an exemption.

Aaron J. Harms

    Mr. Harms, 29, has a history of epilepsy and has been seizure free 
since 2004. He takes anti-seizure medication, with the dosage and 
frequency remaining the same since 2004. His physician states that he 
is supportive of Mr. Harms receiving an exemption.

Matthew Heinen

    Mr. Heinen, 41, has a history of epilepsy and has been seizure free 
since 2004. He takes anti-seizure medications, with the dosages and 
frequencies remaining the same since 2004. His physician states that 
she is supportive of Mr. Heinen receiving an exemption.

Grant M. Johnson

    Mr. Johnson, 31, has a history of a seizure disorder and has been 
seizure free since 1999. He takes anti-seizure medication, with the 
dosage and frequency remaining the same since 1999. His physician 
states that he is supportive of Mr. Johnson receiving an exemption.

Derick Pendergrass

    Mr. Pendergrass, 35, has a history of a seizure disorder and has 
been seizure free since 2005. He takes anti-seizure medication, with 
the dosage and frequency remaining the same since 2005. His physician 
states that he is supportive of Mr. Pendergrass receiving an exemption.

Paul D. Vitous

    Mr. Vitous, 59, has a history of epilepsy and has been seizure free 
since 2007. He takes anti-seizure medication, with the dosage and 
frequency remaining the same since 2013. His physician states that he 
is supportive of Mr. Vitous 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

[[Page 6718]]

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-2017-0254 and click 
the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right hand 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 at 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-2017-0254 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-03065 Filed 2-13-18; 8:45 am]
 BILLING CODE 4910-EX-P