80 FR 55167 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 177 (September 14, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 177 (September 14, 2015)
| Page Range | 55167-55170 | |
| FR Document | 2015-23036 |
[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)] [Notices] [Pages 55167-55170] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-23036] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2014-0379] 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 requests from 6 individuals for exemptions from the regulatory requirement 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 regulation and the associated advisory criteria published in the Code of Federal Regulations as the ``Instructions for Performing and Recording Physical Examinations'' have resulted in numerous drivers being prohibited from operating CMVs in interstate commerce based on the fact that they have had one or more seizures and are taking anti-seizure medication, rather than an individual analysis of their circumstances by a qualified medical examiner. The Agency concluded that granting exemptions for these CMV drivers will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions. FMCSA grants exemptions that will allow these 6 individuals to operate CMVs in interstate commerce for a 2-year period. The exemptions preempt State laws and regulations and may be renewed. DATES: The exemptions are effective September 14, 2015. The exemptions expire on September 14, 2017. FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, Office of Carrier, Driver and Vehicle Safety, (202) 366-4001, or via email at [email protected], or by letter to 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., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: A. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: http://www.regulations.gov. [[Page 55168]] Docket: For access to the docket to read background documents or comments, go to 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 www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. B. Background Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption from the safety regulations for a 2-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 2-year period. FMCSA grants 6 individuals an exemption from the regulatory requirement in Sec. 391.41(b)(8), to allow these individuals who take anti-seizure medication to operate CMVs in interstate commerce for a 2- year period. The Agency's decision on these exemption applications is based on an individualized assessment of each applicant's medical information, including the root cause of the respective seizure(s), the length of time elapsed since the individual's last seizure, and each individual's treatment regimen. In addition, the Agency reviewed each applicant's driving record found in the Commercial Driver's License Information System (CDLIS) \1\ for commercial driver's license (CDL) holders, and interstate and intrastate inspections recorded in Motor Carrier Management Information System (MCMIS).\2\ For non-CDL holders, the Agency reviewed the driving records from the State licensing agency. The Agency acknowledges the potential consequences of a driver experiencing a seizure while operating a CMV. However, the Agency believes the drivers covered by the exemptions granted here have demonstrated that they are unlikely to have a seizure and their medical condition does not pose a risk to public safety. --------------------------------------------------------------------------- \1\ Commercial Driver License Information System (CDLIS) is an information system that allows the exchange of commercial driver licensing information among all the States. CDLIS includes the databases of fifty-one licensing jurisdictions and the CDLIS Central Site, all connected by a telecommunications network. \2\ Motor Carrier Management Information System (MCMIS) is an information system that captures data from field offices through SAFETYNET, CAPRI, and other sources. It is a source for FMCSA inspection, crash, compliance review, safety audit, and registration data. --------------------------------------------------------------------------- In reaching the decision to grant these exemption requests, the Agency considered both current medical literature and information and the 2007 recommendations of the Agency's Medical Expert Panel (MEP). The Agency previously gathered evidence for potential changes to the regulation at 49 CFR 391.41(b)(8) by conducting a comprehensive review of scientific literature that was compiled into the ``Evidence Report on Seizure Disorders and Commercial Vehicle Driving'' (Evidence Report) [CD-ROM HD TL230.3 .E95 2007]. The Agency then convened a panel of medical experts in the field of neurology (the MEP) on May 14-15, 2007, to review 49 CFR 391.41(b)(8) and the advisory criteria regarding individuals who have experienced a seizure, and the 2007 Evidence Report. The Evidence Report and the MEP recommendations are published on-line at http://www.fmcsa.dot.gov/regulations/medical/reports-how-medical-conditions-impact-driving, under Seizure Disorders, and are in the docket for this notice. MEP Criteria for Evaluation On October 15, 2007, the MEP issued the following recommended criteria for evaluating whether an individual with epilepsy or a seizure disorder should be allowed to operate a CMV.\3\ The MEP recommendations are included in previously published dockets. --------------------------------------------------------------------------- \3\ Engel, J., Fisher, R.S., Krauss, G.L., Krumholz, A., and Quigg, M.S., ``Expert Panel Recommendations: Seizure Disorders and Commercial Motor Vehicle Driver Safety,'' FMCSA, October 15, 2007. --------------------------------------------------------------------------- Epilepsy diagnosis. If there is an epilepsy diagnosis, the applicant should be seizure-free for 8 years, on or off medication. If the individual is taking anti-seizure medication(s), the plan for medication should be stable for 2 years. Stable means no changes in medication, dosage, or frequency of medication administration. Recertification for drivers with an epilepsy diagnosis should be performed every year. Single unprovoked seizure. If there is a single unprovoked seizure (i.e., there is no known trigger for the seizure), the individual should be seizure-free for 4 years, on or off medication. If the individual is taking anti-seizure medication(s), the plan for medication should be stable for 2 years. Stable means no changes in medication, dosage, or frequency of medication administration. Recertification for drivers with a single unprovoked seizure should be performed every 2 years. Single provoked seizure. If there is a single provoked seizure (i.e., there is a known reason for the seizure), the Agency should consider specific criteria that fall into the following two categories: low-risk factors for recurrence and moderate-to-high risk factors for recurrence.Examples of low-risk factors for recurrence include seizures that were caused by a medication; by non-penetrating head injury with loss of consciousness less than or equal to 30 minutes; by a brief loss of consciousness not likely to recur while driving; by metabolic derangement not likely to recur; and by alcohol or illicit drug withdrawal. Examples of moderate-to-high-risk factors for recurrence include seizures caused by non-penetrating head injury with loss of consciousness or amnesia greater than 30 minutes, or penetrating head injury; intracerebral hemorrhage associated with a stroke or trauma; infections; intracranial hemorrhage; post-operative complications from brain surgery with significant brain hemorrhage; brain tumor; or stroke. The MEP report indicates individuals with moderate to high-risk conditions should not be certified. Drivers with a history of a single provoked seizure with low risk factors for recurrence should be recertified every year. Medical Review Board Recommendations and Agency Decision FMCSA presented the MEP's findings and the Evidence Report to the Medical Review Board (MRB) for consideration. The MRB reviewed and considered the 2007 ``Seizure Disorders and Commercial Driver Safety'' evidence report and the 2007 MEP recommendations. The MRB recommended maintaining the current advisory criteria, which provide that ``drivers with a history of epilepsy/seizures off anti-seizure medication and seizure-free for 10 years may be qualified to drive 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 5 year period or more'' [Advisory criteria to 49 CFR 391.43(f)]. The Agency acknowledges the MRB's position on the issue but believes relevant current medical evidence [[Page 55169]] supports a less conservative approach. The medical advisory criteria for epilepsy and other seizure or loss of consciousness episodes was based on the 1988 ``Conference on Neurological Disorders and Commercial Drivers'' (NITS Accession No. PB89-158950/AS). A copy of the report can be found in the docket referenced in this notice. The MRB's recommendation treats all drivers who have experienced a seizure the same, regardless of individual medical conditions and circumstances. In addition, the recommendation to continue prohibiting drivers who are taking anti-seizure medication from operating a CMV in interstate commerce does not consider a driver's actual seizure history and time since the last seizure. The Agency has decided to use the 2007 MEP recommendations as the basis for evaluating applications for an exemption from the seizure regulation on an individual, case-by-case basis. C. Exemptions Following individualized assessments of the exemption applications, including a review of detailed follow-up information requested from each applicant, FMCSA is granting exemptions from 49 CFR 391.41(b)(8) to 6 individuals. Under current FMCSA regulations, all of the 6 drivers receiving exemptions from 49 CFR 391.41(b)(8) would have been considered physically qualified to drive a CMV in interstate commerce except that they presently take or have recently stopped taking anti- seizure medication. For these 6 drivers, the primary obstacle to medical qualification was the FMCSA Advisory Criteria for Medical Examiners, based on the 1988 ``Conference on Neurological Disorders and Commercial Drivers,'' stating that a driver should be off anti-seizure medication in order to drive in interstate commerce. In fact, the Advisory Criteria have little if anything to do with the actual risk of a seizure and more to do with assumptions about individuals who are taking anti-seizure medication. In addition to evaluating the medical status of each applicant, FMCSA evaluated the crash and violation data for the 6 drivers, some of whom currently drive a CMV in intrastate commerce. The CDLIS and MCMIS were searched for crash and violation data on the 6 applicants. For non-CDL holders, the Agency reviewed the driving records from the State licensing agency. These exemptions are contingent on the driver maintaining a stable treatment regimen and remaining seizure-free during the 2-year exemption period. The exempted drivers must submit annual reports from their treating physicians attesting to the stability of treatment and that the driver has remained seizure-free. The driver must undergo an annual medical examination by a medical examiner, as defined by 49 CFR 390.5, following the FCMSA's regulations for the physical qualifications for CMV drivers. FMCSA published a notice of receipt of application and requested public comment during a 30-day public comment period in a Federal Register notice for each of the applicants. A short summary of the applicants' qualifications and a discussion of the comments received follows this section. For applicants who were denied an exemption, a notice was previously published. D. Comments Docket #FMCSA-2014-0379 On November 24, 2014, FMCSA published a notice of receipt of exemption applications and requested public comment on 12 individuals (79 FR 69981; Docket number FMCSA-2014-27755). The comment period ended on December 24, 2014. Two commenters responded to this notice expressing support for the epilepsy standard and the duty to keep our roads safe. Of the 12 applicants, six were denied. The Agency has determined that the following six applicants should be granted an exemption. Theodore C. Banet Mr. Banet is a 43 year-old driver in Pennsylvania. He has a history of epilepsy and has remained seizure free since 2004. He takes anti- seizure medication with the dosage and frequency remaining the same since that time. If granted an exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Banet receiving an exemption. David S. Campbell Mr. Campbell is a 70 year-old driver in Massachusetts. He has a history of seizures and has remained seizure free since 2005. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. If granted an exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Campbell receiving an exemption. Lewis R. Holbrook Mr. Holbrook is a 43 year-old driver in North Carolina. He has a history of a seizure disorder and has remained seizure free since 2004. He takes anti-seizure medication with the dosage and frequency remaining the same since 2005. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Holbrook receiving an exemption. Dominick Rezza Mr. Rezza is a 58 year-old class A CDL holder in Texas. He has a history of a seizure disorder and has remained seizure free since 1995. He takes anti-seizure medication with the dosage and frequency remaining the same since 1996. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Rezza receiving an exemption. Edgar A. Snapp Mr. Snapp is a 52 year-old class B CDL holder in Indiana. He has a history of a seizure disorder and has remained seizure free since 1988. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Snapp receiving an exemption. Gregory W. Young Mr. Young is a 50 year-old class A CDL holder in South Carolina. He has a history of seizure and has remained seizure free since 1983. He takes anti-seizure medication with the dosage and frequency remaining the same since 2004. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Young receiving an exemption. E. Basis for Exemption 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. Without the exemption, applicants will continue to be restricted to intrastate driving. With the exemption, applicants can drive in interstate commerce. Thus, the Agency's analysis focuses on whether an equal or greater level of safety is likely to be achieved by permitting each of these drivers to drive in interstate commerce as opposed to restricting the driver to driving in intrastate commerce. Conclusion The Agency is granting exemptions from the epilepsy standard, 49 CFR 391.41(b)(8), to 6 individuals based on a thorough evaluation of each driver's safety experience, and medical condition. Safety analysis of information relating to these 6 applicants meets the burden of showing [[Page 55170]] that granting the exemptions would achieve a level of safety that is equivalent to or greater than the level that would be achieved without the exemption. By granting the exemptions, the interstate CMV industry will gain 6 highly trained and experienced drivers. In accordance with 49 U.S.C. 31315(b)(1), each exemption will be valid for 2 years, with annual recertification required 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. FMCSA exempts the following 6 drivers for a period of 2 years with annual medical certification required: Theodore Banet (PA); David Campbell (MA); Lewis Holbrook (NC); Dominick Rezza (TX); Edgar Snapp (IN); and Gregory Young (SC) from the prohibition of CMV operations by persons with a clinical diagnosis of epilepsy or seizures. If the exemption is still in effect at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: September 3, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-23036 Filed 9-11-15; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices 55167
would like to drive a CMV. His achieved by permitting each of these DEPARTMENT OF TRANSPORTATION
physician states that he is supportive of drivers to drive in interstate commerce
Mr. Richter receiving an exemption. as opposed to restricting the driver to Federal Motor Carrier Safety
driving in intrastate commerce. Administration
Michael Scott Shumake
Conclusion [Docket No. FMCSA–2014–0379]
Mr. Shumake is a 37 year-old driver
in Virginia. He has a history of a seizure Qualification of Drivers; Exemption
disorder and has remained seizure free The Agency is granting exemptions
from the epilepsy standard, 49 CFR Applications; Epilepsy and Seizure
since 2000. He takes anti-seizure Disorders
medication with the dosage and 391.41(b)(8), to 14 individuals based on
frequency remaining the same since a thorough evaluation of each driver’s AGENCY: Federal Motor Carrier Safety
2001. If granted the exemption, he safety experience and medical Administration (FMCSA), DOT.
would like to drive a CMV. His condition. Safety analysis of ACTION: Notice of final disposition.
physician states that he is supportive of information relating to these 14
Mr. Shumake receiving an exemption. applicants meets the burden of showing SUMMARY: FMCSA announces its
that granting the exemptions would decision to grant requests from 6
Charles Ray Taylor achieve a level of safety that is individuals for exemptions from the
Mr. Taylor is a 49 year-old class A equivalent to or greater than the level regulatory requirement that interstate
CDL holder in Mississippi. He has a that would be achieved without the commercial motor vehicle (CMV)
history of a single seizure in 2009. He exemption. By granting the exemptions, drivers have ‘‘no established medical
takes anti-seizure medication with the the interstate CMV industry will gain 14 history or clinical diagnosis of epilepsy
dosage and frequency remaining the highly trained and experienced drivers. or any other condition which is likely
same since that time. If granted the In accordance with 49 U.S.C. to cause loss of consciousness or any
exemption, he would like to drive a 31315(b)(1), each exemption will be loss of ability to control a CMV.’’ The
CMV. His physician states that he is valid for 2 years, with annual regulation and the associated advisory
supportive of Mr. Taylor receiving an criteria published in the Code of Federal
recertification required unless revoked
exemption. Regulations as the ‘‘Instructions for
earlier by FMCSA. The exemption will
Performing and Recording Physical
Karin Hawley Wagasy be revoked if the following occurs: (1)
Examinations’’ have resulted in
Ms. Wagasy is a 58 year-old driver in The person fails to comply with the numerous drivers being prohibited from
Tennessee. She has a history of a seizure terms and conditions of the exemption; operating CMVs in interstate commerce
disorder and has remained seizure free (2) the exemption has resulted in a based on the fact that they have had one
since 1975. She takes anti-seizure lower level of safety than was or more seizures and are taking anti-
medication with the dosage and maintained prior to being granted; or (3) seizure medication, rather than an
frequency remaining the same since that continuation of the exemption would individual analysis of their
time. If granted the exemption, she not be consistent with the goals and circumstances by a qualified medical
would like to drive a CMV. Her objectives of 49 U.S.C. 31136 and 31315. examiner. The Agency concluded that
physician states that he is supportive of FMCSA exempts the following 14 granting exemptions for these CMV
Ms. Wagasy receiving an exemption. drivers for a period of 2 years with drivers will provide a level of safety that
Trever A. Williams annual medical certification required: is equivalent to or greater than the level
Daryl Charles Anderson (MI); Ronald J. of safety maintained without the
Mr. Williams is a 44 year-old class A exemptions. FMCSA grants exemptions
CDL holder in Minnesota. He has a Bennett (NY); Don Carrol Darbyshire
(IA); Monte James DeRocini (PA); that will allow these 6 individuals to
history of a single seizure in 1983 which operate CMVs in interstate commerce
occurred postoperatively, after a Martin L. Ford (MS); Roger Green (PA);
for a 2-year period. The exemptions
surgical procedure to remove a foreign Susie B. Harvey (VA); Timothy G.
preempt State laws and regulations and
body from his head. He takes anti- Huntley (ME); Chance Joseph O’Mary
may be renewed.
seizure medication with the dosage and (AK); Robert D. Richter, Sr. (PA);
DATES: The exemptions are effective
frequency remaining the same since Michael Scott Shumake (VA); Charles
Ray Taylor (MS); Karin Hawley Wagasy September 14, 2015. The exemptions
2006. If granted the exemption, he
expire on September 14, 2017.
would like to drive a CMV. His (TN); and Trever A. Williams (MN) from
physician states that he is supportive of the prohibition of CMV operations by FOR FURTHER INFORMATION CONTACT:
Mr. Williams receiving an exemption. persons with a clinical diagnosis of Charles A. Horan, III, Director, Office of
epilepsy or seizures. If the exemption is Carrier, Driver and Vehicle Safety, (202)
E. Basis for Exemption 366–4001, or via email at
still in effect at the end of the 2-year
Under 49 U.S.C. 31136(e) and fmcsamedical@dot.gov, or by letter to
period, the person may apply to FMCSA
31315(b), FMCSA may grant an FMCSA, Department of Transportation,
for a renewal under procedures in effect
exemption from the epilepsy/seizure 1200 New Jersey Avenue SE., Room
at that time.
standard in 49 CFR 391.41(b)(8) if the W64–224, Washington, DC 20590–0001.
exemption is likely to achieve an Issued on: September 2, 2015. Office hours are 8:30 a.m. to 5 p.m.,
equivalent or greater level of safety than Larry W. Minor, Monday through Friday, except Federal
would be achieved without the Associate Administrator for Policy. holidays.
tkelley on DSK3SPTVN1PROD with NOTICES
exemption. Without the exemption, [FR Doc. 2015–23035 Filed 9–11–15; 8:45 am] SUPPLEMENTARY INFORMATION:
applicants will continue to be restricted
to intrastate driving. With the
BILLING CODE 4910–EX–P A. Electronic Access
exemption, applicants can drive in You may see all the comments online
interstate commerce. Thus, the Agency’s through the Federal Document
analysis focuses on whether an equal or Management System (FDMS) at: http://
greater level of safety is likely to be www.regulations.gov.
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![55168 Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices
Docket: For access to the docket to consequences of a driver experiencing a should be stable for 2 years. Stable
read background documents or seizure while operating a CMV. means no changes in medication,
comments, go to www.regulations.gov However, the Agency believes the dosage, or frequency of medication
and/or Room W12–140 on the ground drivers covered by the exemptions administration. Recertification for
level of the West Building, 1200 New granted here have demonstrated that drivers with a single unprovoked
Jersey Avenue SE., Washington, DC, they are unlikely to have a seizure and seizure should be performed every 2
between 9 a.m. and 5 p.m., Monday their medical condition does not pose a years.
through Friday, except Federal holidays. risk to public safety. Single provoked seizure. If there is a
Privacy Act: In accordance with 5 In reaching the decision to grant these single provoked seizure (i.e., there is a
U.S.C. 553(c), DOT solicits comments exemption requests, the Agency known reason for the seizure), the
from the public to better inform its considered both current medical Agency should consider specific criteria
rulemaking process. DOT posts these literature and information and the 2007 that fall into the following two
comments, without edit, including any recommendations of the Agency’s categories: low-risk factors for
personal information the commenter Medical Expert Panel (MEP). The recurrence and moderate-to-high risk
provides, to www.regulations.gov, as Agency previously gathered evidence factors for recurrence.
described in the system of records for potential changes to the regulation at • Examples of low-risk factors for
notice (DOT/ALL–14 FDMS), which can 49 CFR 391.41(b)(8) by conducting a recurrence include seizures that were
be reviewed at www.dot.gov/privacy. comprehensive review of scientific caused by a medication; by non-
literature that was compiled into the penetrating head injury with loss of
B. Background ‘‘Evidence Report on Seizure Disorders consciousness less than or equal to 30
Under 49 U.S.C. 31136(e) and and Commercial Vehicle Driving’’ minutes; by a brief loss of consciousness
31315(b), FMCSA may grant an (Evidence Report) [CD–ROM HD not likely to recur while driving; by
exemption from the safety regulations TL230.3 .E95 2007]. The Agency then metabolic derangement not likely to
for a 2-year period if it finds ‘‘such convened a panel of medical experts in recur; and by alcohol or illicit drug
exemption would likely achieve a level the field of neurology (the MEP) on May withdrawal.
of safety that is equivalent to or greater 14–15, 2007, to review 49 CFR • Examples of moderate-to-high-risk
than the level that would be achieved 391.41(b)(8) and the advisory criteria factors for recurrence include seizures
absent such exemption.’’ The statute regarding individuals who have caused by non-penetrating head injury
also allows the Agency to renew experienced a seizure, and the 2007 with loss of consciousness or amnesia
exemptions at the end of the 2-year Evidence Report. The Evidence Report greater than 30 minutes, or penetrating
period. and the MEP recommendations are head injury; intracerebral hemorrhage
FMCSA grants 6 individuals an published on-line at http:// associated with a stroke or trauma;
exemption from the regulatory www.fmcsa.dot.gov/regulations/ infections; intracranial hemorrhage;
requirement in § 391.41(b)(8), to allow medical/reports-how-medical- post-operative complications from brain
these individuals who take anti-seizure conditions-impact-driving, under surgery with significant brain
medication to operate CMVs in Seizure Disorders, and are in the docket hemorrhage; brain tumor; or stroke.
interstate commerce for a 2-year period. for this notice. The MEP report indicates individuals
The Agency’s decision on these with moderate to high-risk conditions
MEP Criteria for Evaluation
exemption applications is based on an should not be certified. Drivers with a
individualized assessment of each On October 15, 2007, the MEP issued history of a single provoked seizure
applicant’s medical information, the following recommended criteria for with low risk factors for recurrence
including the root cause of the evaluating whether an individual with should be recertified every year.
respective seizure(s), the length of time epilepsy or a seizure disorder should be
allowed to operate a CMV.3 The MEP Medical Review Board
elapsed since the individual’s last Recommendations and Agency Decision
seizure, and each individual’s treatment recommendations are included in
regimen. In addition, the Agency previously published dockets. FMCSA presented the MEP’s findings
reviewed each applicant’s driving Epilepsy diagnosis. If there is an and the Evidence Report to the Medical
record found in the Commercial Driver’s epilepsy diagnosis, the applicant should Review Board (MRB) for consideration.
License Information System (CDLIS) 1 be seizure-free for 8 years, on or off The MRB reviewed and considered the
for commercial driver’s license (CDL) medication. If the individual is taking 2007 ‘‘Seizure Disorders and
holders, and interstate and intrastate anti-seizure medication(s), the plan for Commercial Driver Safety’’ evidence
inspections recorded in Motor Carrier medication should be stable for 2 years. report and the 2007 MEP
Management Information System Stable means no changes in medication, recommendations. The MRB
(MCMIS).2 For non-CDL holders, the dosage, or frequency of medication recommended maintaining the current
Agency reviewed the driving records administration. Recertification for advisory criteria, which provide that
from the State licensing agency. The drivers with an epilepsy diagnosis ‘‘drivers with a history of epilepsy/
Agency acknowledges the potential should be performed every year. seizures off anti-seizure medication and
Single unprovoked seizure. If there is seizure-free for 10 years may be
1 Commercial Driver License Information System
a single unprovoked seizure (i.e., there qualified to drive a CMV in interstate
(CDLIS) is an information system that allows the is no known trigger for the seizure), the commerce. Interstate drivers with a
exchange of commercial driver licensing individual should be seizure-free for 4 history of a single unprovoked seizure
information among all the States. CDLIS includes years, on or off medication. If the
the databases of fifty-one licensing jurisdictions and
may be qualified to drive a CMV in
tkelley on DSK3SPTVN1PROD with NOTICES
the CDLIS Central Site, all connected by a
individual is taking anti-seizure interstate commerce if seizure-free and
telecommunications network. medication(s), the plan for medication off anti-seizure medication for a 5 year
2 Motor Carrier Management Information System
period or more’’ [Advisory criteria to 49
(MCMIS) is an information system that captures 3 Engel, J., Fisher, R.S., Krauss, G.L., Krumholz,
CFR 391.43(f)].
data from field offices through SAFETYNET, A., and Quigg, M.S., ‘‘Expert Panel
CAPRI, and other sources. It is a source for FMCSA Recommendations: Seizure Disorders and
The Agency acknowledges the MRB’s
inspection, crash, compliance review, safety audit, Commercial Motor Vehicle Driver Safety,’’ FMCSA, position on the issue but believes
and registration data. October 15, 2007. relevant current medical evidence
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![55170 Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices
that granting the exemptions would Regulations as the ‘‘Instructions for of safety that is equivalent to or greater
achieve a level of safety that is Performing and Recording Physical than the level that would be achieved
equivalent to or greater than the level Examinations’’ have resulted in absent such exemption.’’ The statute
that would be achieved without the numerous drivers being prohibited from also allows the Agency to renew
exemption. By granting the exemptions, operating CMVs in interstate commerce exemptions at the end of the 2-year
the interstate CMV industry will gain 6 based on the fact that they have had one period.
highly trained and experienced drivers. or more seizures and are taking anti- FMCSA grants 9 individuals an
In accordance with 49 U.S.C. seizure medication, rather than an exemption from the regulatory
31315(b)(1), each exemption will be individual analysis of their requirement in § 391.41(b)(8), to allow
valid for 2 years, with annual circumstances by a qualified medical these individuals who take anti-seizure
recertification required unless revoked examiner. The Agency concluded that medication to operate CMVs in
earlier by FMCSA. The exemption will granting exemptions for these CMV interstate commerce for a 2-year period.
be revoked if the following occurs: (1) drivers will provide a level of safety that The Agency’s decision on these
The person fails to comply with the is equivalent to or greater than the level exemption applications is based on an
terms and conditions of the exemption; of safety maintained without the individualized assessment of each
(2) the exemption has resulted in a exemptions. FMCSA grants exemptions applicant’s medical information,
lower level of safety than was that will allow these 9 individuals to including the root cause of the
maintained prior to being granted; or (3) operate CMVs in interstate commerce respective seizure(s), the length of time
continuation of the exemption would for a 2-year period. The exemptions elapsed since the individual’s last
not be consistent with the goals and preempt State laws and regulations and seizure, and each individual’s treatment
objectives of 49 U.S.C. 31136 and 31315. may be renewed. regimen. In addition, the Agency
FMCSA exempts the following 6 reviewed each applicant’s driving
DATES: The exemptions are effective
drivers for a period of 2 years with record found in the Commercial Driver’s
September 14, 2015. The exemptions
annual medical certification required: License Information System (CDLIS) 1
expire on September 14, 2017.
Theodore Banet (PA); David Campbell for commercial driver’s license (CDL)
FOR FURTHER INFORMATION CONTACT: holders, and interstate and intrastate
(MA); Lewis Holbrook (NC); Dominick Charles A. Horan, III, Director, Office of
Rezza (TX); Edgar Snapp (IN); and inspections recorded in Motor Carrier
Carrier, Driver and Vehicle Safety, (202) Management Information System
Gregory Young (SC) from the 366–4001, or via email at
prohibition of CMV operations by (MCMIS).2 For non-CDL holders, the
fmcsamedical@dot.gov, or by letter to Agency reviewed the driving records
persons with a clinical diagnosis of FMCSA, Department of Transportation,
epilepsy or seizures. If the exemption is from the State licensing agency. The
1200 New Jersey Avenue SE., Room Agency acknowledges the potential
still in effect at the end of the 2-year W64–224, Washington, DC 20590–0001.
period, the person may apply to FMCSA consequences of a driver experiencing a
Office hours are 8:30 a.m. to 5 p.m., seizure while operating a CMV.
for a renewal under procedures in effect Monday through Friday, except Federal
at that time. However, the Agency believes the
holidays. drivers covered by the exemptions
Issued on: September 3, 2015. SUPPLEMENTARY INFORMATION: granted here have demonstrated that
Larry W. Minor, they are unlikely to have a seizure and
A. Electronic Access
Associate Administrator for Policy. their medical condition does not pose a
[FR Doc. 2015–23036 Filed 9–11–15; 8:45 am] You may see all the comments online risk to public safety.
BILLING CODE 4910–EX–P
through the Federal Document In reaching the decision to grant these
Management System (FDMS) at: http:// exemption requests, the Agency
www.regulations.gov. considered both current medical
DEPARTMENT OF TRANSPORTATION Docket: For access to the docket to literature and information and the 2007
read background documents or recommendations of the Agency’s
Federal Motor Carrier Safety comments, go to http:// Medical Expert Panel (MEP). The
Administration www.regulations.gov and/or Room Agency previously gathered evidence
W12–140 on the ground level of the for potential changes to the regulation at
[Docket No. FMCSA–2015–0116]
West Building, 1200 New Jersey Avenue 49 CFR 391.41(b)(8) by conducting a
Qualification of Drivers; Exemption SE., Washington, DC, between 9 a.m. comprehensive review of scientific
Applications; Epilepsy and Seizure and 5 p.m., Monday through Friday, literature that was compiled into the
Disorders except Federal holidays. ‘‘Evidence Report on Seizure Disorders
Privacy Act: In accordance with 5 and Commercial Vehicle Driving’’
AGENCY: Federal Motor Carrier Safety U.S.C. 553(c), DOT solicits comments (Evidence Report) [CD–ROM HD
Administration (FMCSA), DOT. from the public to better inform its TL230.3 .E95 2007]. The Agency then
ACTION: Notice of final disposition. rulemaking process. DOT posts these convened a panel of medical experts in
comments, without edit, including any the field of neurology (the MEP) on May
SUMMARY: FMCSA announces its personal information the commenter
decision to grant requests from 9 provides, to www.regulations.gov, as 1 Commercial Driver License Information System
individuals for exemptions from the described in the system of records (CDLIS) is an information system that allows the
regulatory requirement that interstate notice (DOT/ALL–14 FDMS), which can exchange of commercial driver licensing
commercial motor vehicle (CMV) information among all the States. CDLIS includes
be reviewed at www.dot.gov/privacy. the databases of fifty-one licensing jurisdictions and
tkelley on DSK3SPTVN1PROD with NOTICES
drivers have ‘‘no established medical the CDLIS Central Site, all connected by a
history or clinical diagnosis of epilepsy B. Background
telecommunications network.
or any other condition which is likely Under 49 U.S.C. 31136(e) and 2 Motor Carrier Management Information System
to cause loss of consciousness or any 31315(b), FMCSA may grant an (MCMIS) is an information system that captures
data from field offices through SAFETYNET,
loss of ability to control a CMV.’’ The exemption from the safety regulations CAPRI, and other sources. It is a source for FMCSA
regulation and the associated advisory for a 2-year period if it finds ‘‘such inspection, crash, compliance review, safety audit,
criteria published in the Code of Federal exemption would likely achieve a level and registration data.
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Document Created: 2018-02-26 10:15:02
Document Modified: 2018-02-26 10:15:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of final disposition. | |
| Dates | The exemptions are effective September 14, 2015. The exemptions expire on September 14, 2017. | |
| Contact | Charles A. Horan, III, Director, Office of Carrier, Driver and Vehicle Safety, (202) 366-4001, or via email at [email protected], or by letter to 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., Monday through Friday, except Federal holidays. | |
| FR Citation | 80 FR 55167 |
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