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Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

American Government Special Collections Reference Desk

American Government

Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

Larry W. Minor
Federal Motor Carrier Safety Administration
August 21, 2015


[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Notices]
[Pages 50918-50920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20687]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0355; FMCSA-2010-0203; FMCSA-2011-0389; FMCSA-
2012-0050; FMCSA-2012-0094; FMCSA-2012-0294; FMCSA-2013-0106]


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.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the 
Epilepsy and Seizure Disorders requirement in the Federal Motor Carrier 
Safety Regulations for 29 individuals. FMCSA has statutory authority to 
exempt individuals from the Epilepsy and Seizure Disorders requirement 
if the exemptions granted will not compromise safety. The Agency has 
concluded that granting these exemption renewals will provide a level 
of safety that is equivalent to or greater than the level of safety 
maintained without the exemptions for these commercial motor vehicle 
(CMV) drivers.

DATES: This decision is effective July 12, 2015. Comments must be 
received on or before September 21, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. [FMCSA-2008-
0355; FMCSA-2010-0203; FMCSA-2011-0389; FMCSA-2012-0050; FMCSA-2012-
0094; FMCSA-2012-0294; FMCSA-2013-0106], using any of the following 
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. 
Follow the on-line 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 or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number for this notice. Note that DOT posts all comments 
received without change to http://www.regulations.gov, including any 
personal information included in a

[[Page 50919]]

comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to 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., Monday through Friday, 
except Federal holidays. The Federal Docket Management System (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 on-line.

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 www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Charles Horan III, Director, Carrier & 
Vehicles Safety Standards, 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. 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption 
from the Epilepsy and Seizure Disorders requirements in 49 CFR 
391.41(b)(8), which applies to drivers of CMVs in interstate commerce, 
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 procedures for 
requesting an exemption (including renewals) are set out in 49 CFR part 
381.

Exemption Decision

    This notice addresses 29 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these applications for renewal on their merits and decided to 
extend each exemption for a renewable two-year period. They are:
    Patrick N. Andreasen (PA), Prince Austin, Jr. (OH), Samuel D. 
Beverly, Jr. (VA), John W. Boerth (WI), Michael C. Breitbach (IA), Todd 
W. Brock (CO), Craig R. Bugella ((WI), Frank J. Cekovic (PA), Joseph 
D'Angelo (NY), Todd A. Davis (WI), Steven Gordon (MT), James R. Gorniak 
(WI), Brian R. Hanson (OR), Eric A. Hilmer (WI), Kevin A. Jandreau 
(ME), David Kietzman (WI), Jason Kirkham (WI), Joseph A. Kogut (NY), 
William P. Lago (MA), Michael K. Lail (NC), Robert J. Mooney (OH), 
Jeffrey P. Moore (NY), Diana J. Mugford (VT), Brian J. Porter (PA), 
Michael Righter (PA), Douglas S. Slagel (OH), Robert C. Spencer (FL), 
Brian J. Wiggins (ID), Timothy M. Zahratka (MN).
    These exemptions are extended subject to the driver maintaining a 
stable treatment regimen and remaining seizure-free during the 2-year 
exemption period. The exempted drivers must submit a physician 
statement from their treating physician attesting to the stability of 
treatment and that the driver has remained seizure-free. The driver 
must undergo an annual medical examination by a medical examiner, as 
defined by 49 CFR 390.5, following the FCMSA's regulations for the 
physical qualifications for CMV drivers. 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.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application for additional two year periods. In accordance with 49 
U.S.C. 31136(e) and 31315, each of the 29 applicants has satisfied the 
entry conditions for obtaining an exemption from the Epilepsy and 
Seizure Disorder requirements (73 FR 75167; 75 FR 38599; 77 FR 537; 77 
FR 12360; 78 FR 3077; 78 FR 3079; 78 FR 24301). Each of these 29 
applicants has requested renewal of the exemption and has submitted 
evidence showing that they have maintained a stable treatment regimen 
and remained seizure-free during the 2-year exemption period. The 
exempted drivers must submit a physician statement from their treating 
physicians attesting to the stability of treatment and that the driver 
has remained seizure-free. The driver must undergo an annual medical 
examination by a medical examiner, as defined by 49 CFR 390.5, 
following the FCMSA's regulations for the physical qualifications for 
CMV drivers. In addition to evaluating the medical status of each 
applicant CDLIS and MCMIS were searched for crash and violation data on 
the 29 applicants. For non-CDL holders, the Agency reviewed the driving 
records from the State licensing agency. These factors provide an 
adequate basis for predicting each driver's ability to continue to 
drive safely 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.

Request for Comments

    FMCSA will review comments received at any time concerning a 
particular driver's safety record and determine if the continuation of 
the exemption is consistent with the requirements at 49 U.S.C. 31136(e) 
and 31315. However, FMCSA requests that interested parties with 
specific data concerning the safety records of these drivers submit 
comments by September 21, 2015.
    FMCSA believes that the requirements for a renewal of an exemption 
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially 
granting the renewal and then requesting and evaluating, if needed, 
subsequent comments submitted by interested parties. As indicated 
above, the Agency previously published notices of final disposition 
announcing its decision to exempt these 29 individuals from the 
Epilepsy and Seizure Disorders requirement in 49 CFR 391.41(b)(8). The 
final decision to grant an exemption to each of these individuals was 
made on the merits of each case and made only after careful 
consideration of the comments received to its notices of applications. 
The notices of applications stated the medical condition of each 
applicant for an exemption from the Epilepsy and Seizure requirements. 
That information is available by consulting the above cited Federal 
Register publications.
    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.

[[Page 50920]]

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 numbers FMCSA-2008-0355; FMCSA-
2010-0203; FMCSA-2011-0389; FMCSA-2012-0050; FMCSA-2012-0094; FMCSA-
2012-0294; FMCSA-2013-0106 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 
material received during the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
notice, or to submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number 
FMCSA-2008-0355; FMCSA-2010-0203; FMCSA-2011-0389; FMCSA-2012-0050; 
FMCSA-2012-0094; FMCSA-2012-0294; FMCSA-2013-0106 and click ``Search.'' 
Next, click ``Open Docket Folder'' and you will find all documents and 
comments related to this document.

    Issued on: August 3, 2015.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-20687 Filed 8-20-15; 8:45 am]
BILLING CODE 4910-EX-P

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