Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 47311 

physically qualified under 49 CFR 

391.41; (2) each driver must provide a 

copy of the ophthalmologist’s or 

optometrist’s report to the Medical 

Examiner at the time of the annual 

medical examination; and (3) 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 

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. 

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 22 

exemption applications, FMCSA 

exempts the following drivers from the 

vision requirement, 49 CFR 

391.41(b)(10), subject to the 

requirements cited above: 

Eddie S. Bennett (MI) 

Ray M. Bliss (MN) 

Gary S. Boryk (VA) 

Jonathan E. Burt (VT) 

David A. Cooper (WV) 

Nicholas M. Deschepper (SD) 

Frank J. Devitz (PA) 

John F. Ferguson, Jr. (PA) 

Dominick P. Fittipaldi (PA) 

Alvin H. Horgdal (IA) 

Louis R. LeMonds, Jr. (WA) 

Jonathan Marin (NJ) 

Mark E. McNaughton (IA) 

Louis Neofotistos (MA) 

Josue M. Rodriguez-Espinoza (CA) 

James R. Rupert (CA) 

Christopher J. Schmidt (WI) 

Brandon L. Siebe (KY) 

Greg C. Stilson (WY) 

Paul M. Wooton (KY) 

Willie C. Young (TX) 

Eloy Zuniga (TX) 

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

and 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: October 2, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–21898 Filed 10–10–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0180] 

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 grant exemptions for four 

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 exemptions were applicable 

on September 2, 2017. The exemptions 

expire on September 2, 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., 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. 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., 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 August 2, 2017, FMCSA published 

a notice announcing its decision to grant 

exemptions for four 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 36072). The public 

comment period ended on September 1, 

2017, and no comments were received. 

As stated in the previous notice, 

FMCSA has evaluated the eligibility of 

these applicants and determined that 

granting 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 four 

exemption applications and comments 

received, 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 2, 2017, and in 

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

31315, the following four individuals 

have satisfied the conditions for 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
47312 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 

obtaining an exemption from the 

epilepsy and seizure disorders 

prohibition in the FMCSRs for interstate 

CMV drivers. 

Shane A. Brackett (ID) 

Peter Connors (PA) 

Brian D. Krise (PA) 

Daniel Maben (MI) 

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: October 2, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–21899 Filed 10–10–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–1999–5578; FMCSA– 

1999–6480; FMCSA–2000–7165; FMCSA– 

2001–9561; FMCSA–2003–15892; FMCSA– 

2005–21254; FMCSA–2005–21711; FMCSA– 

2006–25246; FMCSA–2006–26066; FMCSA– 

2007–25246; FMCSA–2007–2663; FMCSA– 

2007–27897; FMCSA–2009–0121; FMCSA– 

2009–0154; FMCSA–2011–0024; FMCSA– 

2011–0092; FMCSA–2011–0140; FMCSA– 

2011–0142; FMCSA–2011–0189; FMCSA– 

2013–0026; FMCSA–2013–0027; FMCSA– 

2013–0029; FMCSA–2013–0030; FMCSA– 

2013–0165; FMCSA–2014–0300; FMCSA– 

2014–0302; FMCSA–2014–0304; FMCSA– 

2014–0305; FMCSA–2015–0049; FMCSA– 

2015–0052; FMCSA–2015–0053; FMCSA– 

2015–0055] 

Qualification of Drivers; Exemption 

Applications; Vision 

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 86 

individuals from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations (FMCSRs) for interstate 

commercial motor vehicle (CMV) 

drivers. The exemptions enable these 

individuals to continue to operate CMVs 

in interstate commerce without meeting 

the vision requirements in one eye. 

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 November 13, 

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., 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. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

1999–5578; FMCSA–1999–6480; 

FMCSA–2000–7165; FMCSA–2001– 

9561; FMCSA–2003–15892; FMCSA– 

2005–21254; FMCSA–2005–21711; 

FMCSA–2006–25246; FMCSA–2006– 

26066; FMCSA–2007–25246; FMCSA– 

2007–2663; FMCSA–2007–27897; 

FMCSA–2009–0121; FMCSA–2009– 

0154; FMCSA–2011–0024; FMCSA– 

2011–0092; FMCSA–2011–0140; 

FMCSA–2011–0142; FMCSA–2011– 

0189; FMCSA–2013–0026; FMCSA– 

2013–0027; FMCSA–2013–0029; 

FMCSA–2013–0030; FMCSA–2013– 

0165; FMCSA–2014–0300; FMCSA– 

2014–0302; FMCSA–2014–0304; 

FMCSA–2014–0305; FMCSA–2015– 

0049; FMCSA–2015–0052; FMCSA– 

2015–0053; FMCSA–2015–0055 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, 

ET, 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. 

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 vision found in 49 

CFR 391.41(b)(10) states that a person is 

physically qualified to driver a CMV if 

that person: 

Has distant visual acuity of at least 20/40 

(Snellen) in each eye without corrective 

lenses or visual acuity separately corrected to 

20/40 (Snellen) or better with corrective 

lenses, distant binocular acuity of a least 20/ 

40 (Snellen) in both eyes with or without 

corrective lenses, field of vision of at least 

70° in the horizontal meridian in each eye, 

and the ability to recognize the colors of 

traffic signals and devices showing red, 

green, and amber. 

The 86 individuals listed in this 

notice have requested renewal of their 

exemptions from the vision standard in 

49 CFR 391.41(b)(10), 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. 


asabaliauskas on DSKBBXCHB2PROD with NOTICES