Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 2297 

Joseph S. Hurlburt (NY) 

Robert J. Johnson (WA) 

Robert L. Lawson (SC) 

Leroy Madison (SC) 

Mark L. Martin (WA) 

Wendell J. Matthews (MO) 

Peter G. Mattos (VT) 

Michael J. Murray, Jr. (CA) 

Joseph K. Niesen (IL) 

Herman Powell, Jr. (TX) 

William H. Riley, Jr. (IL) 

Thomas H. Smith (SC) 

James W. Smith (IL) 

Michael J. Swanson (IL) 

Patrick J. Sweeney (NJ) 

Mark A. Turley (PA) 

Jon T. Webster (MN) 

The drivers were included in docket 

number FMCSA–2015–0069. Their 

exemptions are applicable as of 

November 17, 2017, and will expire on 

November 17, 2019. 

As of November 20, 2017, and in 

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

31315, the following 20 individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the rule 

prohibiting drivers with ITDM from 

driving CMVs in interstate commerce 

(71 FR 58464; 71 FR 67201; 80 FR 

68895): 

John N. Anderson (MN) 

Allan C. Boyum (MN) 

Terry L. Brantley (NC) 

Steven E. Brechting (MI) 

Scott A. Carlson (WI) 

Joseph L. Coggins (SC) 

Stephanie D. Fry (WY) 

Robert W. Gaultney, Jr. (MD) 

Paul T. Kubish (WI) 

David M. Levy (NY) 

David F. Morin (CA) 

Jeffrey J. Morinelli (NE) 

Ronald D. Murphy (WV) 

Charles B. Page (PA) 

John A. Remaklus (OH) 

Michael D. Schooler (IN) 

Arthur L. Stapleton, Jr. (OH) 

Jeffrey M. Thew (WA) 

Barney J. Wade 

Dennis D. Wade (IL) 

The drivers were included in docket 

number FMCSA–2006–25751. Their 

exemptions are applicable as of 

November 20, 2017, and will expire on 

November 20, 2019. 

As of November 21, 2017, and in 

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

31315, the following 29 individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the rule 

prohibiting drivers with ITDM from 

driving CMVs in interstate commerce 

(80 FR 63863; 81 FR 6330): 

Leonel Barrera, Jr. (TX) 

Alfred T. Benelli (PA) 

Rickie J. Burgess (NC) 

Edson M. Chick (VT) 

Jerome E. Collins (LA) 

Alvah R. Daniel, Jr. (WY) 

John M. Fisher (VA) 

Kent E. Fry (IL) 

Stanley M. Garrison (AR) 

Eric T. Herron (NV) 

Lyle E. Hinspeter, Jr. (IA) 

Burton W. Holliday (AL) 

Justin L. Howe (IL) 

Robert M. Manko (NY) 

Clarance McNeill (NC) 

Joe R. Minga (MS) 

Tyna M. Murphy (PA) 

Jose A. Ortega (IL) 

Troy D. Ostrowski (MN) 

Terry G. Parker (OR) 

Anthony T. Quaglieri (NJ) 

Antonio Ramos (RI) 

Robert N. Ruhs (IA) 

Ford J. Stevens, Jr. (MA) 

Donald T. Streich (WA) 

Dale A. Stydinger (PA) 

Raymond E. Thomason (CA) 

Robert M. Wright (PA) 

Joe L. Zamora (TX) 

The drivers were included in docket 

number FMCSA–2015–0068. Their 

exemptions are applicable as of 

November 21, 2017, and will expire on 

November 21, 2019. 

As of November 22, 2017, and in 

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

31315, Steven R. Auger (NH) has 

satisfied the renewal conditions for 

obtaining an exemption from the rule 

prohibiting drivers with ITDM from 

driving CMVs in interstate commerce 

(76 FR 63295; 76 FR 76400; 80 FR 

68895). 

This driver was included in docket 

number FMCSA–2013–0189. The 

exemption is applicable as of November 

22, 2017, and will expire on November 

22, 2019. 

IV. Conditions and Requirements 

The exemptions are extended subject 

to the following conditions: (1) Each 

driver must submit a quarterly 

monitoring checklist completed by the 

treating endocrinologist as well as an 

annual checklist with a comprehensive 

medical evaluation; (2) each driver must 

report within two business days of 

occurrence, all episodes of severe 

hypoglycemia, significant 

complications, or inability to manage 

diabetes; also, any involvement in an 

accident or any other adverse event in 

a CMV or personal vehicle, whether or 

not it is related to an episode of 

hypoglycemia; (3) each driver must 

submit an annual ophthalmologist’s or 

optometrist’s report; and (4) each driver 

must provide a copy of the annual 

medical certification to the employer for 

retention in the driver’s qualification 

file, or keep a copy in his/her driver’s 

qualification file if he/she is selfemployed. The driver must also have a 

copy of the exemption when driving, for 

presentation to a duly authorized 

Federal, State, or local enforcement 

official. The exemption will be 

rescinded if: (1) The person fails to 

comply with the terms and conditions 

of the exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained before it was granted; or 

(3) continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136(e) and 

31315. 

V. Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with this 

exemption with respect to a person 

operating under the exemption. 

VI. Conclusion 

Based upon its evaluation of the 169 

exemption applications, FMCSA renews 

the exemptions of the aforementioned 

drivers from the rule prohibiting drivers 

with ITDM from driving CMVs in 

interstate commerce. In accordance with 

49 U.S.C. 31136(e) and 31315, each 

exemption will be valid for two years 

unless revoked earlier by FMCSA. 

Issued on: January 5, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–00580 Filed 1–12–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0050; FMCSA– 

2012–0294; FMCSA–2013–0106; FMCSA– 

2014–0214; FMCSA–2014–0216; FMCSA– 

2014–0381; FMCSA–2015–0115; FMCSA– 

2015–0116; FMCSA–2015–0117] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for 12 

individuals from the requirement in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) that interstate 

commercial motor vehicle (CMV) 

drivers have ‘‘no established medical 

history or clinical diagnosis of epilepsy 

or any other condition which is likely 

to cause loss of consciousness or any 

loss of ability to control a CMV.’’ The 

exemptions enable these individuals 


daltland on DSKBBV9HB2PROD with NOTICES
2298 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 

who have had one or more seizures and 

are taking anti-seizure medication to 

continue to operate CMVs in interstate 

commerce. 

DATES: The exemptions were applicable 

on September 12, 2017. The exemptions 

expire on September 12, 2019. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue SE, Room W64–224, 

Washington, DC 20590–0001. Office 

hours are from 8:30 a.m. to 5 p.m., e.t., 

Monday through Friday, except Federal 

holidays. If you have questions 

regarding viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at: http:// 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

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 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. 

II. Background 

On October 11, 2017, FMCSA 

published a notice announcing its 

decision to renew exemptions for 12 

individuals from the epilepsy and 

seizure disorders prohibition in 49 CFR 

391.41(b)(8) to operate a CMV in 

interstate commerce and requested 

comments from the public (82 FR 

47314). The public comment period 

ended on November 13, 2017, and no 

comments were received. 

As stated in the previous notice, 

FMCSA has evaluated the eligibility of 

these applicants and determined that 

renewing these exemptions would 

achieve a level of safety equivalent to or 

greater than the level that would be 

achieved by complying with the current 

regulation 49 CFR 391.41(b)(8). 

The physical qualification standard 

for drivers regarding epilepsy found in 

49 CFR 391.41(b)(8) states that a person 

is physically qualified to drive a CMV 

if that person has no established 

medical history or clinical diagnosis of 

epilepsy or any other condition which 

is likely to cause the loss of 

consciousness or any loss of ability to 

control a CMV. 

In addition to the regulations, FMCSA 

has published advisory criteria to assist 

Medical Examiners in determining 

whether drivers with certain medical 

conditions are qualified to operate a 

CMV in interstate commerce. [49 CFR 

part 391, APPENDIX A TO PART 391— 

MEDICAL ADVISORY CRITERIA, 

section H. Epilepsy: § 391.41(b)(8), 

paragraphs 3, 4, and 5.] 

III. Discussion of Comments 

FMCSA received no comments in this 

preceding. 

IV. Conclusion 

Based upon its evaluation of the 12 

renewal exemption applications, 

FMCSA announces its’ decision to 

exempt the following drivers from the 

epilepsy and seizure disorders 

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

As of September 12, 2017, and in 

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

31315, the following 12 individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

epilepsy and seizure disorders 

prohibition in the FMCSRs for interstate 

CMV drivers (82 FR 47314): 

Ronald Boogay (NJ) 

Todd W. Brock (CO) 

Matthew J. Chizek (WI) 

Paul E. Granger (MI) 

Jason C. Kirkham (WI) 

Michael K. Lail (NC) 

Ivan M. Martin (PA) 

Charles A. McCarthy III (MA) 

Douglas S. Slagel (OH) 

William L. Swann (MD) 

Cory R. Wagner (IL) 

Timothy M. Zahratka (MN) 

The drivers were included in docket 

numbers FMCSA–2012–0050; FMCSA– 

2012–0294; FMCSA–2013–0106; 

FMCSA–2014–0214; FMCSA–2014– 

0216; FMCSA–2014–0381; FMCSA– 

2015–0115; FMCSA–2015–0116; 

FMCSA–2015–0117. Their exemptions 

are applicable as of September 12, 2017, 

and will expire on September 12, 2019. 

In accordance with 49 U.S.C. 31315, 

each exemption will be valid for two 

years from the effective date unless 

revoked earlier by FMCSA. The 

exemption will be revoked if the 

following occurs: (1) The person fails to 

comply with the terms and conditions 

of the exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained prior to being granted; 

or (3) continuation of the exemption 

would not be consistent with the goals 

and objectives of 49 U.S.C. 31136 and 

31315. 

Issued on: January 5, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–00598 Filed 1–12–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0253] 

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 four individuals for 

an exemption from the prohibition in 

the Federal Motor Carrier Safety 

Regulations (FMCSRs) against persons 

with a clinical diagnosis of epilepsy or 

any other condition that is likely to 

cause a loss of consciousness or any loss 

of ability to control a commercial motor 

vehicle (CMV) to drive in interstate 

commerce. If granted, the exemptions 

would enable these individuals who 

have had one or more seizures and are 

taking anti-seizure medication to 

operate CMVs in interstate commerce. 

DATES: Comments must be received on 

or before February 15, 2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2017–0253 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

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 


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