Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices 43651 

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. 

three years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Daniel D. Woodworth 

Mr. Woodworth, 56, has had 

amblyopia in his left eye since 

childhood. The visual acuity in his right 

eye is 20/20, and in his left eye, 20/150. 

Following an examination in 2017, his 

optometrist stated, ‘‘In my medical 

opinion, I do believe that the patient has 

sufficient vision to perform the driving 

task [sic] required to operate a 

commercial vehicle.’’ Mr. Woodworth 

reported that he has driven straight 

trucks for 35 years, accumulating 

700,000 miles, and tractor-trailer 

combinations for 25 years, accumulating 

750,000 miles. He holds an operator’s 

license from Louisiana. His driving 

record for the last three years shows no 

crashes and no convictions for moving 

violations in a CMV. 

III. Request for Comments 

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

and 31315, FMCSA requests public 

comments from all interested persons 

on the exemption petitions described in 

this notice. We will consider all 

comments and material 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–2017–0023 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–2017–0023 and click ‘‘Search.’’ 

Next, click ‘‘Open Docket Folder’’ and 

you will find all documents and 

comments related to this notice. 

Issued on: September 11, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–19759 Filed 9–15–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2017–0178] 

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 exempt seven 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 antiseizure medication to operate CMVs in 

interstate commerce. 

DATES: The exemptions were applicable 

on August 1, 2017. The exemptions 

expire on August 1, 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 June 29, 2017, FMCSA published 

a notice announcing receipt of 

applications from seven individuals 

requesting an exemption from the 

epilepsy prohibition in 49 CFR 

391.41(b)(8) and requested comments 

from the public (82 FR 29624). The 

public comment period ended on July 

31, 2017, and no were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

granting exemptions to these 

individuals 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 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— 


sradovich on DSKBBY8HB2PROD with NOTICES
43652 Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices 

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 

proceeding. However, FMCSA was 

informed that the notice published on 

June 29, 2017, identified the driver but 

not their resident State. It has been 

corrected in this notice. 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. 

IV. Basis for Exemption Determination 

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

31315(b), FMCSA may grant an 

exemption from the epilepsy/seizure 

standard in 49 CFR 391.41(b)(8) if the 

exemption is likely to achieve an 

equivalent or greater level of safety than 

would be achieved without the 

exemption. The exemption allows the 

applicants to operate CMVs in interstate 

commerce. 

In reaching the decision to grant these 

exemption requests, FMCSA considered 

the 2007 recommendations of the 

Agency’s Medical Expert Panel (MEP). 

The January 15, 2013, Federal Register 

notice (78 FR 3069) provides the current 

MEP recommendations which is the 

criteria the Agency uses to grant seizure 

exemptions. 

The Agency’s decision regarding these 

exemption applications is based on an 

individualized assessment of each 

applicant’s medical information, 

including the root cause of the 

respective seizure(s) and medical 

information about the applicant’s 

seizure history, the length of time that 

has elapsed since the individual’s last 

seizure, the stability of each individual’s 

treatment regimen and the duration of 

time on or off of anti-seizure 

medication. In addition, the Agency 

reviewed the treating clinician’s 

medical opinion related to the ability of 

the driver to safely operate a CMV with 

a history of seizure and each applicant’s 

driving record found in the Commercial 

Driver’s License Information System 

(CDLIS) for commercial driver’s license 

(CDL) holders, and interstate and 

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 29, 2017, Federal 

Register notice (82 FR 29624) and will 

not be repeated in this notice. 

These seven applicants have been 

seizure-free over a range of 8–36 years 

while taking anti-seizure medication 

and have 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/seizure standard 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 seven 

exemption applications, FMCSA 

exempts the following drivers from the 

seizure standard, 49 CFR 391.41(b)(11), 

subject to the requirements cited above: 

Richard A. Bailey (IA) 

Roosevelt J. Chambers (WA) 

Donnie D. Kuck (MT) 

Mark A. Parish (GA) 

Mario A. Polomares (TX) 

Rickie M. Rineer (PA) 

Timothy Wolsieffer (PA) 

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: September 8, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–19757 Filed 9–15–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0381; FMCSA– 

2014–0382; FMCSA–2015–0115] 

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 three 

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 June 10, 2017. The 

renewed exemptions will expire on June 

10, 2019. Comments must be received 

on or before October 18, 2017. 


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