45724 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 

intrastate inspections recorded in the 

Motor Carrier Management Information 

System (MCMIS). For non-CDL holders, 

the Agency reviewed the driving records 

from the State Driver’s Licensing 

Agency (SDLA). A summary of each 

applicant’s seizure history was 

discussed in the June 21, 2018 Federal 

Register notice (83 FR 28896) and will 

not be repeated in this notice. 

These eight applicants have been 

seizure-free over a range of 4 to 40 years 

while taking anti-seizure medication 

and maintained a stable medication 

treatment regimen for the last two years. 

In each case, the applicant’s treating 

physician verified his or her seizure 

history and supports the ability to drive 

commercially. 

The Agency acknowledges the 

potential consequences of a driver 

experiencing a seizure while operating a 

CMV. However, the Agency believes the 

drivers granted this exemption have 

demonstrated that they are unlikely to 

have a seizure and their medical 

condition does not pose a risk to public 

safety. 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the epilepsy and seizure disorder 

prohibition in 49 CFR 391.41(b)(8) is 

likely to achieve a level of safety equal 

to that existing without the exemption. 

V. Conditions and Requirements 

The terms and conditions of the 

exemption are provided to the 

applicants in the exemption document 

and includes the following: (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. 

VI. 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. 

VII. Conclusion 

Based upon its evaluation of the eight 

exemption applications, FMCSA 

exempts the following drivers from the 

epilepsy and seizure disorder 

prohibition, 49 CFR 391.41(b)(8), subject 

to the requirements cited above: 

Ricky B. Alegre (NJ) 

Stephen M. Christner (PA) 

Paul J. Gomez (CA) 

Lawrence J. Knox (MA) 

Thomas A. Ork (NY) 

Constance Seale (DE) 

Anne M. Spencer-Brown (WV) 

Floyd C. Williams (VA) 

In accordance with 49 U.S.C. 

31315(b)(1), 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: August 30, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–19644 Filed 9–7–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0054] 

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 11 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) in interstate commerce. If 

granted, the exemptions would enable 

these individuals who have had one or 

more seizures and are taking antiseizure medication to operate CMVs in 

interstate commerce. 

DATES: Comments must be received on 

or before October 10, 2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2018–0054 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, 

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 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 45725 

1See 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. 

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 twoyear period to align with the maximum 

duration of a driver’s medical 

certification. 

The 11 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 

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 

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 

Jonathan A. Arrieta 

Mr. Arrieta is a 35-year-old Class A 

CDL holder in Florida. He has a history 

of epilepsy and has been seizure free 

since 2008. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2009. His physician states that he is 

supportive of Mr. Arrieta receiving an 

exemption. 

Jose F.J. Cabrera Maciel 

Mr. Cabrera Maciel is a 27-year-old 

Class C driver in California. He has a 

history of a single unprovoked seizure 

and has been seizure free since 2012. He 

stopped taking anti-seizure medication 

in 2014. His physician states that he is 

supportive of Mr. Cabrera Maciel 

receiving an exemption. 

Pietro Capobianco 

Mr. Capobianco is a 48-year-old Class 

D driver in New Jersey. He has a history 

of epilepsy and has been seizure free 

since 2010. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2010. His physician states that he is 

supportive of Mr. Capobianco receiving 

an exemption. 

Armando B. Castro Jr. 

Mr. Castro is a 59-year-old Class A 

CDL holder in Nevada. He has a history 

of epilepsy and has been seizure free 

since 1986. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

March 2014. His physician states that he 

is supportive of Mr. Castro receiving an 

exemption. 

Joshua Cirilo 

Mr. Cirilo is a 39-year-old Class D 

driver in Minnesota. He has a history of 

epilepsy and has been seizure free since 

1997. He stopped taking anti-seizure 

medication in 1997. His physician states 

that he is supportive of Mr. Cirilo 

receiving an exemption. 

Barbara A. Cruz 

Ms. Cruz is a 37-year-old driver in 

Indiana. She has a history of a single 

provoked seizure and has been seizure 

free since 2008. She stopped taking antiseizure medications in 2009. Her 

physician states that he is supportive of 

Ms. Cruz receiving an exemption. 

Gail A. Hackathorn 

Mr. Hackathorn is a 55-year-old Class 

A CDL holder in Iowa. He has a history 

of epilepsy and has been seizure free 

since 1985. He takes anti-seizure 

medication with the dosage and 


daltland on DSKBBV9HB2PROD with NOTICES
45726 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 

frequency remaining the same since 

1985. His physician states that he is 

supportive of Mr. Hackathorn receiving 

an exemption. 

Jose G. Lara-Ramirez 

Mr. Lara-Ramirez is a 47-year-old 

Class A driver in Nevada. He has a 

history of epilepsy and has been seizure 

free since 2001. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2001. His physician states that she is 

supportive of Mr. Lara-Ramirez 

receiving an exemption. 

Bryan F. Sheehan 

Mr. Sheehan is a 34-year-old Class E 

driver in Florida. He has a history of 

epilepsy and has been seizure free since 

May 2010. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2010. His physician states that he is 

supportive of Mr. Sheehan receiving an 

exemption. 

Francis L. Stimpson 

Mr. Stimpson is a 66-year-old Class A 

CDL holder in Idaho. He has a history 

of epilepsy and has been seizure free 

since 1983. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2003. His physician states that he is 

supportive of Mr. Stimpson receiving an 

exemption. 

Christopher A. Steinke 

Mr. Steinke is a 26-year-old Class D 

driver in Wisconsin. He has a history of 

seizure disorder and has been seizure 

free since 2004. He stopped taking antiseizure medication in 2009. His 

physician states that he is supportive of 

Mr. Steinke receiving an exemption. 

III. Request for Comments 

In accordance with 49 U.S.C. 31136(e) 

and 31315, FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. We will consider all 

comments received before the close of 

business on the closing date indicated 

in the dates section of the notice. 

IV. Submitting Comments 

You may submit your comments and 

material online or by fax, mail, or hand 

delivery, but please use only one of 

these means. FMCSA recommends that 

you include your name and a mailing 

address, an email address, or a phone 

number in the body of your document 

so that FMCSA can contact you if there 

are questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov and in the 

search box insert the docket number 

FMCSA–2018–0054 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. 

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–2018–0054 and click ‘‘Search.’’ 

Next, click ‘‘Open Docket Folder’’ and 

you will find all documents and 

comments related to this notice. 

Issued on: August 30, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–19643 Filed 9–7–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2010–0247; FMCSA– 

2012–0128; FMCSA–2012–0217; FMCSA– 

2012–0219; FMCSA–2014–0021; FMCSA– 

2016–0220] 

Qualification of Drivers; Exemption 

Applications; Diabetes 

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 134 

individuals from its prohibition in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) against persons 

with insulin-treated diabetes mellitus 

(ITDM) from operating commercial 

motor vehicles (CMVs) in interstate 

commerce. The exemptions enable these 

individuals with ITDM to continue to 

operate CMVs in interstate commerce. 

DATES: Each group of renewed 

exemptions 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 October 10, 

2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2010–0247; FMCSA–2012–0128; 

FMCSA–2012–0217; FMCSA–2012– 

0219; FMCSA–2014–0021; FMCSA– 

2016–0220 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 

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 

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 


daltland on DSKBBV9HB2PROD with NOTICES