Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices 39945 

Larry K. Brindle (KS) 

Donald F. Kurzejewski (PA) 

Joshua O. Lilly (VA) 

Steven C. Lundberg (IA) 

Roger D. Mott (IA) 

Christopher J. Wisner (MD) 

The drivers were included in docket 

number FMCSA–2013–0020. Their 

exemptions are applicable as of 

September 18, 2017, and will expire on 

September 18, 2019. 

As of September 22, 2017, and in 

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

31315, the following 15 individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the rule 

prohibiting drivers with ITDM from 

driving CMVs in interstate commerce 

(74 FR 37288; 74 FR 48641): 

Michael F. Arthur (ME) 

Roelf F. Aufforth (MN) 

Christopher S. Cate (NH) 

Raymond A. Dietz (FL) 

Steven C. Ellenberger (NE) 

Dori A. Hoffmann (NE) 

William C. Howard (VA) 

Steven A. Mayhew (NY) 

Michael G. Mulder (MN) 

Bradley D. Nickles, Jr. (NH) 

Frank A. Rhodes (WI) 

James B. Roth (IL) 

Matthew T. Russell (TN) 

Tranquilino D. Sena (NM) 

John A. Serth, Jr. (NY) 

The drivers were included in docket 

number FMCSA–2009–0174. Their 

exemptions are applicable as of 

September 22, 2017, and will expire on 

September 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rescinded if: (1) The person fails to 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 121 

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: August 10, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–17720 Filed 8–21–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2008–0355; FMCSA– 

2014–0381; FMCSA–2014–0382] 

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 five 

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: The renewed exemptions were 

applicable on July 12, 2017. The 

renewed exemptions will expire on July 

12, 2019. Comments must be received 

on or before September 21, 2017. 

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. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2008–0355; FMCSA–2014–0381; 

FMCSA–2014–0382 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., 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 


sradovich on DSK3GMQ082PROD with NOTICES
39946 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices 

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. 

I. Background 

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

FMCSA may grant an exemption for two 

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 two-year period. 

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 five 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 

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. 

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

and 31315, each of the five applicants 

has satisfied the conditions for 

obtaining an exemption from the 

Epilepsy and Seizure Disorder 

requirements and were published in the 

Federal Register 78 FR 41979, 80 FR 

55164, 80 FR 57034. 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. 

The five 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. FMCSA has concluded that 

renewing the exemptions for each of 

these applicants is likely to achieve a 

level of safety equal to that existing 

without the exemption. Therefore, 

FMCSA has decided to renew each 

exemption for a two-year period for the 

following applicants: 

Prince Austin, Jr. (OH) 

Frank Cekovic (PA) 

Martin L. Ford (MS) 

Roger Green (PA) 

Michael R. Weymouth (NH) 

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 

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 five 

exemption applications, FMCSA renews 

the exemptions of the aforementioned 

drivers from the Epilepsy and Seizure 

Disorders requirement 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 10, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–17721 Filed 8–21–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2001–10654] 

Petition for Waiver of Compliance 

Under part 211 of Title 49 of the Code 

of Federal Regulations (CFR), this 

document provides the public notice 

that on July 13, 2017, the Association of 

American Railroads (AAR) has 

petitioned the Federal Railroad 

Administration (FRA) for an extension 

and expansion of an existing waiver of 

compliance from certain provisions of 

the Federal railroad safety regulations 

contained at 49 CFR part 213. FRA 

assigned the petition docket number 

FRA–2001–10654. 

AAR, on behalf of its member 

railroads, received permission from FRA 

to operate trains at Class 5 speeds over 

‘‘heavy-point’’ frogs (HPF) with guard 

check gages conforming to the standards 

for Class 4 track frogs on April 22, 2003. 

AAR requested and was granted two 

extensions, dated February 25, 2008 and 

January 18, 2013. The current waiver 

will expire on January 18, 2018. 

In the current petition, AAR requests 

an extension of the existing relief from 

49 CFR 213.143—Frog guard rails and 

guard faces; gage, to continue operating 

trains at FRA Class 5 speeds over HPF 

with guard-check gage conforms to the 

standards prescribed for FRA Class 4 


sradovich on DSK3GMQ082PROD with NOTICES