Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 47299 

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. 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0181] 

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 five 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 November 13, 2017. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2017–0181 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., ET, 

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., ET, 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., ET, 

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. 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 five 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 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
47300 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 

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 

Gary T. Clark 

Mr. Clark is a 44-year old Class A 

driver in Kentucky. He has a history of 

epilepsy and has remained seizure free 

since 2006. He takes anti-seizure 

medication, with the dosage and 

frequency remaining the same since 

2015. His physician states that he is 

supportive of Mr. Clark receiving an 

exemption. 

Gary J. Gress 

Mr. Gress is a 58-year old Class AM 

driver in Pennsylvania. He has a history 

of post traumatic seizure due to 

traumatic brain injury and has remained 

seizure free since 2003. He takes antiseizure medication, with the dosage and 

frequency remaining the same since that 

time. His physician states that he is 

supportive of Mr. Gress receiving an 

exemption. 

Joseph R. Lamkin 

Mr. Lamkin is a 47-year old Class DB 

driver in Kentucky. He has a history of 

multiple past generalized seizures and 

has remained seizure free since 1998. 

He takes anti-seizure medications, with 

the dosage and frequency remaining the 

same since 2007. His physician states 

that he is supportive of Mr. Lamkin 

receiving an exemption. 

Kenneth L. Lewis 

Mr. Lewis is a 55-year old Class A 

driver in North Carolina. He has a 

history of epilepsy and has remained 

seizure free since 1984. He takes antiseizure medication, with the dosage and 

frequency remaining the same since 

2004. His physician states that he is 

supportive of Mr. Lewis receiving an 

exemption. 

Sean C. Moran 

Mr. Moran is a 22-year old Class D 

driver in Massachusetts. He has a 

history of epilepsy and has remained 

seizure free since 2009. He takes antiseizure medication, with the dosage and 

frequency remaining the same since 

2010. His physician states that he is 

supportive of Mr. Moran 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–2017–0181 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–2017–0181 and click ‘‘Search.’’ 

Next, click ‘‘Open Docket Folder’’ and 

you will find all documents and 

comments related to this notice. 

Issued on: October 2, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–21881 Filed 10–10–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0384] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces decision 

to renew exemptions for five 

individuals from the hearing 

requirement in the Federal Motor 

Carrier Safety Regulations (FMCSRs) for 

interstate commercial motor vehicle 

(CMV) drivers. The exemptions enable 

these hard of hearing and deaf 

individuals to continue to operate CMVs 

in interstate commerce. 

DATES: The exemptions were applicable 

June 10, 2017. The exemptions will 

expire on June 10, 2019. 

FOR FURTHER INFORMATION CONTACT: 

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 


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