Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 40625-40627 [2018-17566]

Download as PDF Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices daltland on DSKBBV9HB2PROD with NOTICES Licensing Agency (SDLA). These factors provide an adequate basis for predicting each driver’s ability to continue to safely operate a CMV in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. In accordance with 49 U.S.C. 31136(e) and 31315, the following groups of drivers received renewed exemptions in the month of July and are discussed below: As of July 5, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following individual has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers: Brian Checkley, Jr. (NJ). This driver was included in docket number FMCSA–2015–0321. His exemption is applicable as of July 5, 2018, and will expire on July 5, 2020. As of July 8, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following two individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers: Samuel Beverly (VA) and Michael Duprey (CT). The drivers were included in docket numbers FMCSA 2012–0294 and FMCSA–2013–0442. Their exemptions are applicable as of July 8, 2018, and will expire on July 8, 2020. As of July 14, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following individual has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers: Ronald Blount (GA). This driver was included in docket number FMCSA–2013–0445. His exemption is applicable as of July 14, 2018, and will expire on July 14, 2020. IV. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must remain seizure-free and maintain a stable treatment during the two-year exemption period; (2) each driver must submit annual reports from their treating physicians attesting to the stability of treatment and that the driver has remained seizure-free; (3) each driver must undergo an annual medical examination by a certified Medical Examiner, as defined by 49 CFR 390.5; and (4) each driver must provide a copy of the annual medical certification to VerDate Sep<11>2014 18:28 Aug 14, 2018 Jkt 244001 the employer for retention in the driver’s qualification file, or keep a copy of his/her driver’s qualification file if he/she is self-employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. V. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VI. Conclusion Based upon its evaluation of the four exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8). In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two years unless revoked earlier by FMCSA. Issued on: August 8, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–17569 Filed 8–14–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2011–0389; FMCSA– 2012–0294; FMCSA–2013–0109; FMCSA– 2013–0442; FMCSA–2014–0380; FMCSA 2015–0321] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew exemptions for 20 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 SUMMARY: PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 40625 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: Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before September 14, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket Nos. FMCSA– 2011–0389; FMCSA–2012–0294; FMCSA–2013–0109; FMCSA–2013– 0442; FMCSA–2014–0380; FMCSA 2015–0321 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 docket number(s) for this notice. Note that all comments received will be posted without change to https:// 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 https:// 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 e.t., 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 E:\FR\FM\15AUN1.SGM 15AUN1 40626 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 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. 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. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: daltland on DSKBBV9HB2PROD with NOTICES I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for five years if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.’’ The statute also allows the Agency to renew exemptions at the end of the 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 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.] The 20 individuals listed in this notice have requested renewal of their exemptions from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8), in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated these applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. VerDate Sep<11>2014 18:28 Aug 14, 2018 Jkt 244001 II. Request for Comments Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. III. Basis for Renewing Exemptions In accordance with 49 U.S.C. 31136(e) and 31315, each of the 20 applicants has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition. The 20 drivers in this notice remain in good standing with the Agency, have maintained their medical monitoring and have not exhibited any medical issues that would compromise their ability to safely operate a CMV during the previous two-year exemption period. In addition, for Commercial Driver’s License (CDL) holders, the Commercial Driver’s License Information System (CDLIS) and the Motor Carrier Management Information System (MCMIS) are searched for crash and violation data. For non-CDL holders, the Agency reviews the driving records from the State Driver’s Licensing Agency (SDLA). These factors provide an adequate basis for predicting each driver’s ability to continue to safely operate a CMV in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. In accordance with 49 U.S.C. 31136(e) and 31315, the following groups of drivers received renewed exemptions in the month of April and are discussed below: As of April 8, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following four individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers: Jeffrey F. Ballweg (WI) Harold J. Durkee (WI) Michael C. Ranalli (PA) Lonnie M. Rieker (IL) The drivers were included in docket numbers FMCSA–2011–0389; FMCSA– 2012–0294; FMCSA–2013–0109; FMCSA–2014–0380. Their exemptions PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 are applicable as of April 8, 2018, and will expire on April 8, 2020. As of April 11, 2018, 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: Robert P. Brackett (ME) Kelly L. Frederick (LA) Scott W. Gessner (PA) Jerry L. Henderson (IN) Preston R. Kanagy (TN) Scott A. Lowe (MA) Steven D. Shirley (UT) Matthew J. Staley (CO) Mohammad S. Warrad (IA) Richard J. Wenner (MN) John C. Wolfe (PA) Dennis R. Zayic (MN) The drivers were included in docket number FMCSA–2015–0321. Their exemptions are applicable as of April 11, 2018, and will expire on April 11, 2020. As of April 23, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following four individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers: Raymond Lobo (NJ) Randy L. Pinto (PA) James M. Spece (PA) Joseph A. Thomas (MD) The drivers were included in docket number FMCSA–2013–0442. Their exemptions are applicable as of April 23, 2018, and will expire on April 23, 2020. IV. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must remain seizure-free and maintain a stable treatment during the two-year exemption period; (2) each driver must submit annual reports from their treating physicians attesting to the stability of treatment and that the driver has remained seizure-free; (3) each driver must undergo an annual medical examination by a certified Medical Examiner, as defined by 49 CFR 390.5; and (4) each driver must provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy of his/her driver’s qualification file if he/she is self-employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. The exemption E:\FR\FM\15AUN1.SGM 15AUN1 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 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 20 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the epilepsy and seizure disorders prohibition in 49 CFR 391.41 (b)(8). In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two years unless revoked earlier by FMCSA. Issued on: August 9, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–17566 Filed 8–14–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1998–4334; FMCSA– 1999–6156; FMCSA–2001–11426; FMCSA– 2003–16564; FMCSA–2005–22194; FMCSA– 2006–23773; FMCSA–2006–24015; FMCSA– 2006–24783; FMCSA–2007–0017; FMCSA– 2007–0071; FMCSA–2008–0021; FMCSA– 2009–0011; FMCSA–2009–0086; FMCSA– 2010–0050; FMCSA–2010–0082; FMCSA– 2011–0092; FMCSA–2011–0299; FMCSA– 2011–0366; FMCSA–2011–0379; FMCSA– 2012–0039; FMCSA–2012–0104; FMCSA– 2012–0106; FMCSA–2013–0029; FMCSA– 2013–0165; FMCSA–2013–0166; FMCSA– 2013–0168; FMCSA–2013–0174; FMCSA– 2014–0002; FMCSA–2014–0003; FMCSA– 2014–0004; FMCSA–2014–0005; FMCSA– 2014–0006; FMCSA–2015–0056; FMCSA– 2015–0070; FMCSA–2015–0350; FMCSA– 2015–0351; FMCSA–2016–0024; FMCSA– 2016–0027; FMCSA–2016–0028; FMCSA– 2016–0029; FMCSA–2016–0347] daltland on DSKBBV9HB2PROD with NOTICES Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to renew exemptions for 114 individuals from the vision requirement in the Federal Motor Carrier Safety SUMMARY: VerDate Sep<11>2014 18:28 Aug 14, 2018 Jkt 244001 Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these individuals to continue to operate CMVs in interstate commerce without meeting the vision requirement in one eye. DATES: Each group of renewed exemptions were applicable 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 8:30 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 June 18, 2018, FMCSA published a notice announcing its decision to renew exemptions for 114 individuals from the vision requirement in 49 CFR 391.41(b)(10) to operate a CMV in interstate commerce and requested comments from the public (83 FR 28325). The public comment period ended on July 18, 2018, 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 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 40627 greater than the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(10). The physical qualification standard for drivers regarding vision found in 49 CFR 391.41(b)(10) states that a person is physically qualified to driver a CMV if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber. III. Discussion of Comments FMCSA received no comments in this preceding. IV. Conclusion Based upon its evaluation of the 114 renewal exemption applications and comments received, FMCSA confirms its’ decision to exempt the following drivers from the vision requirement in 49 CFR 391.41 (b)(10): In accordance with 49 U.S.C. 31136(e) and 31315, the following groups of drivers received renewed exemptions in the month of July and are discussed below: As of July 8, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 57 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (63 FR 66226; 64 FR 16517; 66 FR 41656; 68 FR 44837; 68 FR 74699; 69 FR 10503; 70 FR 41811; 70 FR 57353; 70 FR 72689; 71 FR 6826; 71 FR 14566; 71 FR 16410; 71 FR 19602; 71 FR 30227; 72 FR 62896; 72 FR 67340; 73 FR 1395; 73 FR 6242; 73 FR 11989; 73 FR 15567; 73 FR 16950; 73 FR 27014; 73 FR 27015; 74 FR 19267; 74 FR 28094; 74 FR 43221; 74 FR 65845; 75 FR 9477; 75 FR 9480; 75 FR 13653; 75 FR 14656; 75 FR 19674; 75 FR 20881; 75 FR 22176; 75 FR 27622; 75 FR 28682; 76 FR 25766; 76 FR 37885; 76 FR 44652; 76 FR 53708; 76 FR 73769; 76 FR 78728; 77 FR 3547; 77 FR 5874; 77 FR 13689; 77 FR 15184; 77 FR 17107; 77 FR 17108; 77 FR 17115; 77 FR 17117; 77 FR 20879; 77 FR 23797; 77 FR 26816; 77 FR 27847; 77 FR 27850; 77 FR 29447; 77 FR 31427; 77 FR 38386; 78 FR 34143; 78 FR 47818; 78 FR 52602; 78 FR 62935; 78 FR 63302; 78 FR 63307; 78 FR 76395; 78 FR 76704; 78 FR 76705; 78 FR 77780; 78 FR 78477; 79 FR 1908; 79 FR 2248; 79 FR 10606; 79 FR 13085; 79 FR 14328; 79 FR 14331; 79 FR 14333; 79 FR 14571; 79 FR 17641; 79 FR 18391; 79 FR 18392; E:\FR\FM\15AUN1.SGM 15AUN1

Agencies

[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Notices]
[Pages 40625-40627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17566]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0389; FMCSA-2012-0294; FMCSA-2013-0109; FMCSA-
2013-0442; FMCSA-2014-0380; FMCSA 2015-0321]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 20 
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: Each group of renewed exemptions were applicable on the dates 
stated in the discussions below and will expire on the dates stated in 
the discussions below. Comments must be received on or before September 
14, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket Nos. FMCSA-2011-0389; FMCSA-2012-0294; 
FMCSA-2013-0109; FMCSA-2013-0442; FMCSA-2014-0380; FMCSA 2015-0321 
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 
docket number(s) for this notice. Note that all comments received will 
be posted without change to https://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 https://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 e.t., 
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

[[Page 40626]]

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.

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. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for five years if it finds ``such exemption would likely achieve a 
level of safety that is equivalent to or greater than the level that 
would be achieved absent such exemption.'' The statute also allows the 
Agency to renew exemptions at the end of the 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 physical qualification standard for drivers regarding epilepsy 
found in 49 CFR 391.41(b)(8) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of epilepsy or any other condition which 
is likely to cause the loss of consciousness or any loss of ability to 
control a CMV.
    In addition to the regulations, FMCSA has published advisory 
criteria to assist Medical Examiners in determining whether drivers 
with certain medical conditions are qualified to operate a CMV in 
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL 
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs 
3, 4, and 5.]
    The 20 individuals listed in this notice have requested renewal of 
their exemptions from the epilepsy and seizure disorders prohibition in 
49 CFR 391.41(b)(8), in accordance with FMCSA procedures. Accordingly, 
FMCSA has evaluated these applications for renewal on their merits and 
decided to extend each exemption for a renewable two-year period.

II. Request for Comments

    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315, FMCSA will take immediate steps to revoke the 
exemption of a driver.

III. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315, each of the 20 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the epilepsy and seizure disorders prohibition. The 20 
drivers in this notice remain in good standing with the Agency, have 
maintained their medical monitoring and have not exhibited any medical 
issues that would compromise their ability to safely operate a CMV 
during the previous two-year exemption period. In addition, for 
Commercial Driver's License (CDL) holders, the Commercial Driver's 
License Information System (CDLIS) and the Motor Carrier Management 
Information System (MCMIS) are searched for crash and violation data. 
For non-CDL holders, the Agency reviews the driving records from the 
State Driver's Licensing Agency (SDLA). These factors provide an 
adequate basis for predicting each driver's ability to continue to 
safely operate a CMV in interstate commerce. Therefore, FMCSA concludes 
that extending the exemption for each renewal applicant for a period of 
two years is likely to achieve a level of safety equal to that existing 
without the exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315, the following 
groups of drivers received renewed exemptions in the month of April and 
are discussed below:
    As of April 8, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following four individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers:

Jeffrey F. Ballweg (WI)
Harold J. Durkee (WI)
Michael C. Ranalli (PA)
Lonnie M. Rieker (IL)

    The drivers were included in docket numbers FMCSA-2011-0389; FMCSA-
2012-0294; FMCSA-2013-0109; FMCSA-2014-0380. Their exemptions are 
applicable as of April 8, 2018, and will expire on April 8, 2020.
    As of April 11, 2018, 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:

Robert P. Brackett (ME)
Kelly L. Frederick (LA)
Scott W. Gessner (PA)
Jerry L. Henderson (IN)
Preston R. Kanagy (TN)
Scott A. Lowe (MA)
Steven D. Shirley (UT)
Matthew J. Staley (CO)
Mohammad S. Warrad (IA)
Richard J. Wenner (MN)
John C. Wolfe (PA)
Dennis R. Zayic (MN)

    The drivers were included in docket number FMCSA-2015-0321. Their 
exemptions are applicable as of April 11, 2018, and will expire on 
April 11, 2020.
    As of April 23, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following four individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers:

Raymond Lobo (NJ)
Randy L. Pinto (PA)
James M. Spece (PA)
Joseph A. Thomas (MD)

    The drivers were included in docket number FMCSA-2013-0442. Their 
exemptions are applicable as of April 23, 2018, and will expire on 
April 23, 2020.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions: 
(1) Each driver must remain seizure-free and maintain a stable 
treatment during the two-year exemption period; (2) each driver must 
submit annual reports from their treating physicians attesting to the 
stability of treatment and that the driver has remained seizure-free; 
(3) each driver must undergo an annual medical examination by a 
certified Medical Examiner, as defined by 49 CFR 390.5; and (4) each 
driver must provide a copy of the annual medical certification to the 
employer for retention in the driver's qualification file, or keep a 
copy of his/her driver's qualification file if he/she is self-employed. 
The driver must also have a copy of the exemption when driving, for 
presentation to a duly authorized Federal, State, or local enforcement 
official. The exemption

[[Page 40627]]

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 20 exemption applications, FMCSA 
renews the exemptions of the aforementioned drivers from the epilepsy 
and seizure disorders prohibition in 49 CFR 391.41 (b)(8). In 
accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be 
valid for two years unless revoked earlier by FMCSA.

    Issued on: August 9, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-17566 Filed 8-14-18; 8:45 am]
 BILLING CODE 4910-EX-P
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