80 FR 55170 - 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 | 55170-55173 | |
| FR Document | 2015-23034 |
[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)] [Notices] [Pages 55170-55173] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-23034] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0116] 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 9 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 9 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. 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 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 9 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 [[Page 55171]] 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 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 9 individuals. Under current FMCSA regulations, all of the 9 drivers receiving exemptions from 49 CFR 391.41(b)(8) would have been considered qualified physically to drive a CMV in interstate commerce except that they presently take or have recently stopped taking anti- seizure medication. For these 9 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 9 drivers, some of whom currently drive a CMV in intrastate commerce. The CDLIS and MCMIS were searched for crash and violation data on the 9 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-2015-0116 On July 13, 2015, FMCSA published a notice of receipt of exemption [[Page 55172]] applications and requested public comment on 21 individuals (80 FR 40127; Docket number FMCSA-2015-17022). The comment period ended on August 12, 2015. Ten commenters responded to this notice, seven of whom specifically expressed support for applicant Daniel Dellaserra. Paula Johnson expressed support for her son Kristopher Fraser because he has been seizure free for over eight years, compliant with his treatment, and desires to advance in his career. Michael Muise, a certified medical examiner expressed support for drivers with seizure disorders driving commercially if controlled with medication similar to diabetics on insulin. The Agency has determined that the following 9 applicants should be granted an exemption. William Howard Brown Mr. Brown is a 58 year-old class A CDL holder in North Carolina. He has a history of epilepsy and has remained seizure free since 1999. 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. Brown receiving an exemption. Daniel Dellaserra Mr. Dellaserra is a 54 year-old class A CDL holder in California. He has a history of seizures and has remained seizure free since 1998. 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. Dellaserra receiving an exemption. Thomas A. Granese Mr. Granese is a 70 year-old class A CDL holder in Massachusetts. He has a history of seizure disorder and has remained seizure free since 2003. He takes anti-seizure medication with the dosage and frequency remaining the same since 2010. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Granese receiving an exemption. Paul E. Granger Mr. Granger is a 50 year-old chauffeur license holder in Michigan. He has a history of a seizure disorder and has remained seizure free since 1987. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. If granted the exemption, she would like to drive a CMV. His physician states that he is supportive of Mr. Granger receiving an exemption. Charles Terrell Gray Mr. Gray is a 69 year-old driver in Oklahoma. He has a history of a single unprovoked seizure and has remained seizure free since 1993. 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. Gray receiving an exemption. David Allen Griggs Mr. Griggs is a 55 year-old class A CDL holder in Minnesota. He has a history of a seizure disorder and has remained seizure free since 1987. He takes anti-seizure medication with the dosage and frequency remaining the same since April 2013. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Griggs receiving an exemption. Dennis Edward Klamm Mr. Klamm is a 52 year-old class C CDL holder in Minnesota. He has a history of a seizure disorder and has remained seizure free since 1987. 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. Klamm receiving an exemption. Christina L. Petti Ms. Petti is a 45 year-old class B CDL holder in New Jersey. She has a history of a seizure disorder and has remained seizure free since 1985. She takes anti-seizure medication with the dosage and frequency remaining the same since that time. If granted the exemption, she would like to drive a CMV. Her physician states that he is supportive of Ms. Petti receiving an exemption. Christopher L. Phillips Mr. Phillips is a 46 year-old class A CDL holder in Pennsylvania. He has a history of a seizure disorder and has remained seizure free since 1989. 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. Phillips 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 9 individuals based on a thorough evaluation of each driver's safety experience, and medical condition. Safety analysis of information relating to these 9 applicants meets the burden of showing 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 9 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 9 drivers for a period of 2 years with annual medical certification required: William Howard Brown (NC); Daniel Dellaserra (CA); Thomas A. Granese (MA); Paul E. Granger (MI); Charles Terrell Gray (OK); David Allen Griggs (MN); Dennis Edward Klamm (MN); Christina L. Petti (NJ); and Christopher L. Phillips (PA) 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. [[Page 55173]] Issued on: September 3, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-23034 Filed 9-11-15; 8:45 am] BILLING CODE 4910-EX-P
![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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14–15, 2007, to review 49 CFR • Examples of moderate-to-high-risk C. Exemptions
391.41(b)(8) and the advisory criteria factors for recurrence include seizures Following individualized assessments
regarding individuals who have caused by non-penetrating head injury of the exemption applications,
experienced a seizure, and the 2007 with loss of consciousness or amnesia including a review of detailed follow-up
Evidence Report. The Evidence Report greater than 30 minutes, or penetrating information requested from each
and the MEP recommendations are head injury; intracerebral hemorrhage applicant, FMCSA is granting
published on-line at http:// associated with a stroke or trauma; exemptions from 49 CFR 391.41(b)(8) to
www.fmcsa.dot.gov/regulations/ infections; intracranial hemorrhage; 9 individuals. Under current FMCSA
medical/reports-how-medical- post-operative complications from brain regulations, all of the 9 drivers receiving
conditions-impact-driving, under surgery with significant brain exemptions from 49 CFR 391.41(b)(8)
Seizure Disorders, and are in the docket hemorrhage; brain tumor; or stroke. would have been considered qualified
for this notice. The MEP report indicates individuals physically to drive a CMV in interstate
MEP Criteria for Evaluation with moderate to high-risk conditions commerce except that they presently
should not be certified. Drivers with a take or have recently stopped taking
On October 15, 2007, the MEP issued history of a single provoked seizure anti-seizure medication. For these 9
the following recommended criteria for with low risk factors for recurrence drivers, the primary obstacle to medical
evaluating whether an individual with should be recertified every year. qualification was the FMCSA Advisory
epilepsy or a seizure disorder should be
Medical Review Board Criteria for Medical Examiners, based
allowed to operate a CMV.3 The MEP
Recommendations and Agency Decision on the 1988 ‘‘Conference on
recommendations are included in
Neurological Disorders and Commercial
previously published dockets. FMCSA presented the MEP’s findings
Epilepsy diagnosis. If there is an Drivers,’’ stating that a driver should be
and the Evidence Report to the Medical off anti-seizure medication in order to
epilepsy diagnosis, the applicant should
Review Board (MRB) for consideration. drive in interstate commerce. In fact, the
be seizure-free for 8 years, on or off
The MRB reviewed and considered the Advisory Criteria have little if anything
medication. If the individual is taking
2007 ‘‘Seizure Disorders and to do with the actual risk of a seizure
anti-seizure medication(s), the plan for
medication should be stable for 2 years. Commercial Driver Safety’’ evidence and more to do with assumptions about
Stable means no changes in medication, report and the 2007 MEP individuals who are taking anti-seizure
dosage, or frequency of medication recommendations. The MRB medication.
administration. Recertification for recommended maintaining the current In addition to evaluating the medical
drivers with an epilepsy diagnosis advisory criteria, which provide that status of each applicant, FMCSA
should be performed every year. ‘‘drivers with a history of epilepsy/ evaluated the crash and violation data
Single unprovoked seizure. If there is seizures off anti-seizure medication and for the 9 drivers, some of whom
a single unprovoked seizure (i.e., there seizure-free for 10 years may be currently drive a CMV in intrastate
is no known trigger for the seizure), the qualified to drive a CMV in interstate commerce. The CDLIS and MCMIS were
individual should be seizure-free for 4 commerce. Interstate drivers with a searched for crash and violation data on
years, on or off medication. If the history of a single unprovoked seizure the 9 applicants. For non-CDL holders,
individual is taking anti-seizure may be qualified to drive a CMV in the Agency reviewed the driving records
medication(s), the plan for medication interstate commerce if seizure-free and from the State licensing agency.
should be stable for 2 years. Stable off anti-seizure medication for a 5 year These exemptions are contingent on
means no changes in medication, period or more’’ [Advisory criteria to 49 the driver maintaining a stable
dosage, or frequency of medication CFR 391.43(f)]. treatment regimen and remaining
administration. Recertification for The Agency acknowledges the MRB’s seizure-free during the 2-year exemption
drivers with a single unprovoked position on the issue but believes period. The exempted drivers must
seizure should be performed every 2 relevant current medical evidence submit annual reports from their
years. supports a less conservative approach. treating physicians attesting to the
Single provoked seizure. If there is a The medical advisory criteria for stability of treatment and that the driver
single provoked seizure (i.e., there is a epilepsy and other seizure or loss of has remained seizure-free. The driver
known reason for the seizure), the consciousness episodes was based on must undergo an annual medical
Agency should consider specific criteria the 1988 ‘‘Conference on Neurological examination by a medical examiner, as
that fall into the following two Disorders and Commercial Drivers’’ defined by 49 CFR 390.5, following the
categories: low-risk factors for (NITS Accession No. PB89–158950/AS). FCMSA’s regulations for the physical
recurrence and moderate-to-high risk A copy of the report can be found in the qualifications for CMV drivers.
factors for recurrence. docket referenced in this notice. FMCSA published a notice of receipt
• Examples of low-risk factors for The MRB’s recommendation treats all of application and requested public
recurrence include seizures that were drivers who have experienced a seizure comment during a 30-day public
caused by a medication; by non- the same, regardless of individual comment period in a Federal Register
penetrating head injury with loss of medical conditions and circumstances. notice for each of the applicants. A short
consciousness less than or equal to 30 In addition, the recommendation to summary of the applicants’
minutes; by a brief loss of consciousness continue prohibiting drivers who are qualifications and a discussion of the
not likely to recur while driving; by taking anti-seizure medication from comments received follows this section.
metabolic derangement not likely to operating a CMV in interstate commerce For applicants who were denied an
exemption, a notice was previously
tkelley on DSK3SPTVN1PROD with NOTICES
recur; and by alcohol or illicit drug does not consider a driver’s actual
withdrawal. seizure history and time since the last published.
seizure. The Agency has decided to use D. Comments
3 Engel, J., Fisher, R.S., Krauss, G.L., Krumholz,
the 2007 MEP recommendations as the
A., and Quigg, M.S., ‘‘Expert Panel
basis for evaluating applications for an Docket # FMCSA–2015–0116
Recommendations: Seizure Disorders and
Commercial Motor Vehicle Driver Safety,’’ FMCSA, exemption from the seizure regulation On July 13, 2015, FMCSA published
October 15, 2007. on an individual, case-by-case basis. a notice of receipt of exemption
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![Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices 55173
Issued on: September 3, 2015. not involve environmental issues,1 Decided: September 9, 2015.
Larry W. Minor, formal expressions of intent to file an By the Board, Rachel D. Campbell,
Associate Administrator for Policy. OFA under 49 CFR 1152.27(c)(2),2 and Director, Office of Proceedings.
[FR Doc. 2015–23034 Filed 9–11–15; 8:45 am] trail use/rail banking requests under 49 Jeffrey Herzig,
BILLING CODE 4910–EX–P
CFR 1152.29 must be filed by September Clearance Clerk.
24, 2015. Petitions to reopen or requests [FR Doc. 2015–23047 Filed 9–11–15; 8:45 am]
for public use conditions under 49 CFR BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION 1152.28 must be filed by October 5,
2015, with the Surface Transportation
Surface Transportation Board Board, 395 E Street, SW., Washington, DEPARTMENT OF THE TREASURY
DC 20423–0001.
[Docket No. AB 57 (Sub-No. 62X] A copy of any petition filed with the Internal Revenue Service
Board should be sent to Soo Line’s
Soo Line Railroad Company— representative: W. Karl Hansen, Stinson Proposed Collection; Comment
Abandonment Exemption—in Leonard Street LLP, 150 South Fifth Request for Form 4876–A
Hennepin County, Minn. Street, Suite 2300, Minneapolis, Minn.
55402. AGENCY: Internal Revenue Service (IRS),
Soo Line Railroad Company d/b/a If the verified notice contains false or Treasury.
Canadian Pacific (Soo Line) has filed a misleading information, the exemption ACTION: Notice and request for
verified notice of exemption under 49 is void ab initio. comments.
CFR 1152 subpart F–Exempt Soo Line has filed environmental and
Abandonments to abandon a 0.4-mile SUMMARY: The Department of the
historic reports that address the effects,
line of railroad between milepost 0.59 Treasury, as part of its continuing effort
if any, of the abandonment on the
+/¥ (approximately 100 feet southeast to reduce paperwork and respondent
environment and historic resources.
of the bridge that crosses Interstate 94) burden, invites the general public and
OEA will issue an environmental
and milepost 0.99 +/¥ at or near Essex other Federal agencies to take this
assessment (EA) by September 18, 2015.
Street, SE. (East side spur) in Hennepin opportunity to comment on proposed
Interested persons may obtain a copy of
County, Minn. (the Line). The Line and/or continuing information
the EA by writing to OEA (Room 1100,
traverses United States Postal Service collections, as required by the
Surface Transportation Board,
Zip Code 55414. Paperwork Reduction Act of 1995,
Washington, DC 20423–0001) or by
Public Law 104–13 (44 U.S.C.
Soo Line has certified that: (1) No calling OEA at (202) 245–0305.
3506(c)(2)(A)). Currently, the IRS is
local traffic has moved over the Line for Assistance for the hearing impaired is
soliciting comments concerning Form
at least two years; (2) any overhead available through the Federal
4876–A, Election to Be Treated as an
traffic can be and has been rerouted over Information Relay Service at (800) 877–
Interest Charge DISC.
other lines; (3) no formal complaint 8339. Comments on environmental and
historic preservation matters must be DATES: Written comments should be
filed by a user of rail service on the Line
(or by a state or local government entity filed within 15 days after the EA received on or before November 13,
acting on behalf of such user) regarding becomes available to the public. 2015 to be assured of consideration.
cessation of service over the Line either Environmental, historic preservation, ADDRESSES: Direct all written comments
is pending with the Surface public use, or trail use/rail banking to Martha Brinson, Internal Revenue
Transportation Board (Board) or with conditions will be imposed, where Service, Room 6129, 1111 Constitution
any U.S. District Court or has been appropriate, in a subsequent decision. Avenue NW., Washington, DC 20224.
decided in favor of complainant within Pursuant to the provisions of 49 CFR FOR FURTHER INFORMATION CONTACT:
the two-year period; and (4) the 1152.29(e)(2), Soo Line shall file a Requests for additional information or
requirements at 49 CFR 1105.7(c) notice of consummation with the Board copies of the form and instructions
(environmental report), 49 CFR 1105.11 to signify that it has exercised the should be directed to Kerry Dennis,
(transmittal letter), 49 CFR 1105.12 authority granted and fully abandoned Internal Revenue Service, Room 6129,
(newspaper publication), and 49 CFR the Line. If consummation has not been 1111 Constitution Avenue NW.,
1152.50(d)(1) (notice to governmental effected by Soo Line’s filing of a notice Washington, DC 20224, or through the
agencies) have been met. of consummation by September 14, internet at Kerry.Dennis@irs.gov.
As a condition to this exemption, any 2016, and there are no legal or SUPPLEMENTARY INFORMATION:
employee adversely affected by the regulatory barriers to consummation, Title: Election To Be Treated as an
abandonment shall be protected under the authority to abandon will Interest Charge DISC.
Oregon Short Line Railroad— automatically expire. OMB Number: 1545–0190.
Abandonment Portion Goshen Branch Board decisions and notices are Form Number: 4876–A.
available on our Web site at Abstract: A domestic corporation and
Between Firth & Ammon, in Bingham &
www.stb.dot.gov. its shareholders must elect to be an
Bonneville Counties, Idaho, 360 I.C.C.
interest charge domestic international
91 (1979). To address whether this 1 The Board will grant a stay if an informed sales corporation (IC–DISC). Form
condition adequately protects affected decision on environmental issues (whether raised 4876–A is used to make the election.
employees, a petition for partial by a party or by the Board’s Office of Environmental The IRS uses the information to
revocation under 49 U.S.C. 10502(d) Analysis (OEA) in its independent investigation)
cannot be made before the exemption’s effective determine if the corporation qualifies to
must be filed.
tkelley on DSK3SPTVN1PROD with NOTICES
date. See Exemption of Out-of-Serv. Rail Lines, 5 be an IC–DISC.
Provided no formal expression of I.C.C. 2d 377 (1989). Any request for a stay should Current Actions: There are no changes
intent to file an offer of financial be filed as soon as possible so that the Board may being made to the form at this time.
assistance (OFA) has been received, this take appropriate action before the exemption’s
Type of Review: Extension of a
exemption will be effective on October effective date.
2 Each OFA must be accompanied by the filing currently approved collection.
14, 2015, unless stayed pending fee, which is currently set at $1,600. See 49 CFR Affected Public: Business or other for-
reconsideration. Petitions to stay that do 1002.2(f)(25). profit organizations.
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Document Created: 2018-02-26 10:14:53
Document Modified: 2018-02-26 10:14:53
| 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 55170 |
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